"Parole in Place" - special procedures for active duty military families

As I have written in previous blogs, generally, if you entered the United States without permission (i.e. just crossed the border) and you do not have an I-130 petition from before April 30, 2001, you have to exit the country to complete the green card process -- also known as consular processing.  This may not be the case, however, for the immediate relatives (usually spouses) of active duty family members.

Parole in Place is a process that, if granted, allows immediate relatives of active duty military servicemen and women to remain in the United States for the entire green card application process.  It basically grants the applicant the same status as a person who entered the US with permission. 

Due to the fact that this is a relatively new process, there are no official guidelines, however, applicants are advised to file the following forms and documentation with their local USCIS (immigration) office:

• Form I-131, Application for Travel Document with the filing fee of $360 and $85 in biometric (fingerprint) fees. 
• Suggested supporting documentation:
• A letter from the active service member stating the hardship they would suffer if their family member is not allowed to adjust status to lawful permanent resident
• Marriage certificate & proof that the marriage between the service member and applicant is valid - e.g. bills, lease agreements, photos, mailings, etc.
• Birth certificates for both the service member and the applicant
• Birth certificates for children of the service member and applicant
• The applicant's military family member identification car
• A copy of Defense Eligibility Enrollment Reporting System enrollment documentation for the applicant
• Two original passport photos of the applicant
• A copy of any deployment orders for the service member
• Any additional documents substantiating the case for hardship

When parole in place is granted, the family member will receive a parole document in the form of an I-94 card, effectively changing their status from EWI (entered without permission) to someone who entered the United States with permission.  Once they are issued the I-94, the applicant can continue the green card process. 

Now this is a DISCRETIONARY request, and therefore, the applicant has to understand that they are alerting immigration to their presence in the U.S. If the I-131 is not granted, there is always a possibility (although very slim) that the applicant will be placed in removal (deportation) proceedings.  Due to the risk, it is imperative that the applicant seek out legal counsel, to make sure that they have the strongest possible case to present to immigration.  Also, if the applicant has ANY type of criminal record, no matter how minor, or if the applicant has entered and exited the US multiple times without permission, that can also affect their eligibility. 

As with any "new" form of relief that is filed with local offices, the procedures and adjudication rates vary from place to place.  For example, in some offices, they prefer the applicant to file everything together - Form I-131 and all of the forms associated with permanent residency.  In other offices, they only want the I-131 and once that is approved, they will request the rest of the applications/documentation.  The applicant's attorney, or the applicant, should check with their local office regarding their specific procedures for Parole in Place. 

All in all, this is a great way for the immediate relatives of active service members to remain in the US while they apply for permanent residency, thus eliminating the risk and uncertainty that accompanies having to return to their home country to consular process.