April 13, 2014

The first application for “Military Parole in Place” filed by Cella & Associates, LLC pursuant to the USCIS’ November 15, 2013 policy memorandum was granted allowing our client, the spouse of a U.S. military officer, to remain in the United States for a year and apply for a green card without leaving the country.

“Military Parole in Place” is a remedy created for individuals who entered the United States without inspection and who are a spouse, child, or parent of “an active duty member of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, or a former member of the U.S. Armed Forces or Selected Reserve of the Ready Reserve.” Without parole, such person is subject to removal/deportation and, most importantly, cannot adjust his/her status in the United States even if s/he has a U.S. citizen spouse, child, or parent who petitioned for him/her. If paroled, the individual can remain in the United States without bearing a risk of being placed in removal proceedings. Once paroled, the individual is considered as being lawfully admitted to the Unites States and may be eligible to adjust his/her status to LPR (i.e. to apply for a green card) without leaving the United States based on an immigrant visa petition filed on behalf of that individual. According to the USCIS’ memorandum, a parole may be granted in one-year increments with the possibility of re-parole every year.

Who should apply:

According to the memorandum, the USCIS should favorably exercise its discretion in granting parole requests of individuals, who are a spouse, child, or parent of a military member or veteran. Parole in place could be a viable option for a family member who illegally (i.e. “without inspection”) entered the United States and who is not eligible to adjust his/her status under Section 245(i) of the Act or other special adjustment category.

Who is not eligible:

The new policy applies only to inadmissibility based on unlawful entry to the United States and, by implication, should not apply to other grounds of inadmissibility. For instance, a person with prior criminal convictions will likely to be ineligible for the parole.

How to apply:

Generally, a request for parole can be filed with a local office of the USCIS and should address the hardship to the military member caused by the immigration status of his or her alien relative. Since the USCIS has discretion in granting parole requests, it advisable to include all relevant information regarding the military service of the qualifying relative, the nature and extend of the hardship, and the basis for adjustment of status, if any.

The applicant should also enclose documents substantiating the facts stated in the request. It is important to remember that certain facts and circumstances related to person’s criminal and/or immigration history may affect his/her eligibility for parole. For this reason, before applying for parole, we strongly recommend that you consult with your immigration attorney and have your case evaluated on its own merits.

If you or your loved ones may benefit under the new policy, you are welcome to schedule a consultation with one of the attorneys at Cella & Associates to review your case and determine eligibility for parole based on specific facts of your case.

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