What is Parole in Place?
Parole in Place may be granted for “urgent humanitarian reasons or significant public benefit” for members of the military and certain family members. You may qualify for PIP if you are:
- An active-duty member of the US armed forces;
- In the Selective or Ready Reserves; OR
- You previously (whether still living or deceased) were on active duty, in the Selected Reserve, or the Ready Reserve and you were not dishonorably discharged.
Additionally, if you are the spouse, widow, parent, son, or daughter of one of the above military members then you may qualify for PIP.
In addition to the above requirements, you must also have entered the United States, unlawfully (without a visa).
Why is Parole in Place Beneficial?
Parole is a form of ‘entry’ into the United States. One of the requirements for applying for Adjustment of Status (applying for your green card from within the US) is that you were inspected, admitted, or paroled into the United States. If you entered unlawfully then you typically must apply for your green card through an embassy abroad, because you do not qualify to file for Adjustment of Status from within the US.
Being ‘paroled in place’ provides you with a ‘lawfully entry’ with which you can use to apply for adjustment, from within the US, if you have a qualifying relative.
Additionally, Parole in Place is beneficial because it provides you with ‘parole’ status which is renewable in one-year increments.
With Parole status you can apply for work authorization which is renewable in one-year increments.
Lastly, PIP stops the accrual of unlawful presence; however, it does not cure any past or future unlawful presence.
If you entered the US lawfully, and do not qualify for Parole in Place, then you may qualify for Deferred Action.
What is Deferred Action for Family of Military Members?
Deferred action is a form of prosecutorial discretion that is available to certain family members of military personnel. Including the spouse, widow, parent, son or daughter of the following:
- Active-duty members of the US armed forces;
- Members of the Selective or Ready Reserves; OR
- Those previously (whether still living or deceased) on active duty, in the Selected Reserve, or the Ready Reserve and who were not dishonorably discharged.
In addition to the above, Deferred Action is available to the following parties:
- Those in the Department of Defense’s Delayed Entry Program (including the MANVI program);
- Their spouses, parents, sons, and daughters.
Deferred Action provides the following benefits:
- Grant of Deferred Action for up to two years, which is renewable;
- You are eligible to apply for work authorization which is renewable in two-year increments;
- Protection from deportation;
- You are considered lawfully present in the US for the period of deferred action (although Deferred Action does not confer lawful status);
Deferred Action vs. Parole in Place
There are several differences between the Deferred Action and the Parole in Place (PIP) programs; however, the most important one is that Parole in Place provides a lawful entry for those who entered unlawfully.
Key Differences:
- Parole in Place:
- PIP for individuals who entered without inspection; if you entered with a visa then you do not qualify for PIP;
- PIP is valid for one year, and is renewable in one-year increments;
- Deferred Action:
- If you entered lawfully, you are not eligible for parole in place because you are not an applicant for admission; however, you may qualify for Deferred Action;
- Deferred Action is valid for two years, and is renewable in two-year increments;
- Deferred Action is available to Department of Defense Delayed Entry Program enlistees (including the MANVI program), and their family members.
If you or you or a family member are in the military, and you would like information on Deferred Action or Parole in Place for family members of military members, please contact an immigration attorney who is trustworthy and knowledgeable! Our attorneys at Landerholm Immigration, APC, have extensive experience in simple and complex military member benefits cases. Please feel free to call us at (510) 491-0291 to see how we can help!