PAROLE IN PLACE & DEFERRED ACTION FOR MILITARY FAMILIES
May 31, 2021
In addition to observing federal holidays such Memorial Day and Veteran’s Day, United States Citizenship and Immigration Services (USCIS) recognizes the important sacrifices made by U.S. service members, veterans, enlistees, and their families through certain benefit programs. Two of these programs are military parole in place and military deferred action.
Military parole in place and military deferred action benefits are available to the spouses, widow(er)s, parents, sons, or daughters of active-duty members of the U.S. armed forces, individuals in the Selected Reserve of the Ready Reserve, and individuals who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and were not dishonorably discharged. Military deferred action may also be granted to Delayed Entry Program (DEP) enlistees, including those who enlist through the Military Access Vital to the National Interest (MAVNI) program, and their spouses, parents, sons, or daughters.
Military Parole in Place
Parole in place is granted under § 212(d)(5)(A) of the Immigration and Nationality Act (INA). To qualify for parole in place, an individual must be an “applicant for admission.” This means that the individual must be present in the United States without admission. Therefore, individuals who most recently entered the United States with a visa, even if they have overstayed that visa, are not eligible for parole in place since they are not applicants for admission. These individuals must instead apply for deferred action (described below).
Parole in place is granted in one-year increments. Individuals who are granted parole are considered to be in an authorized period of stay, meaning they may remain in the United States during the parole period. Applicants who can demonstrate economic necessity may also apply for a work permit valid for the parole period. Both benefits may be renewed, as appropriate.
Parole in place can provide a significant benefit to certain immediate relatives of United States citizens (spouses, parents, and children under age 21) who can meet the eligibility requirements to adjust status to that of a lawful permanent resident (LPR) under INA § 245(a). Under INA § 245(a), an applicant for adjustment of status must have been inspected and admitted into the United States or inspected and paroled into the United States. Therefore, a grant of parole in place can satisfy the “inspected and paroled” eligibility requirement for individuals who had previously entered the United States without authorization. It is important to remember that parole in place does not excuse prior periods of unlawful presence; therefore, even with a parole grant, applicants must thoroughly review their immigration history and confirm eligibility before applying for adjustment of status. Even for individuals who are ineligible for adjustment of status, parole in place can still provide an opportunity to live and work lawfully in the United States for the parole period.
To request military parole in place, applicants must submit a completed application and supporting documentation to their local USCIS Field Office. Supporting evidence should include proof of the applicant’s identity, proof of the qualifying family relationship, proof of the military member’s qualifying service, and proof of any of the applicant’s additional favorable discretionary factors.
Military Deferred Action
As mentioned above, individuals who most recently entered the United States with a visa, even if they have overstayed that visa, are statutorily ineligible for parole in place and must instead apply for deferred action. Deferred action is a form of prosecutorial discretion which defers removal action (deportation) against an individual.
Deferred action is granted in two-year increments. Individuals who are granted deferred action are considered to be in an authorized period of stay, meaning they may remain in the United States during the deferred action period. Applicants who can demonstrate economic necessity may also apply for a work permit valid for the deferred action period. Both benefits may be renewed, as appropriate.
Deferred action can provide a significant benefit to certain immediate relatives of United States citizens who are not yet eligible for adjustment of status under INA § 245(a), but who will be in the future; for example, parents of qualifying service members currently under age 21. Like parole in place, deferred action also does not excuse prior periods of unlawful presence; therefore, even with a deferred action grant, applicants must thoroughly review their immigration history and confirm eligibility before applying for adjustment of status. Even for individuals who are ineligible for adjustment of status, deferred action can still provide an opportunity to live and work lawfully in the United States for the deferred action period.
To request deferred action, applicants must submit a letter stating the reason for the deferred action request and supporting documentation to their local USCIS Field Office. Supporting evidence should include proof of the qualifying family relationship, proof of the applicant’s identity, proof of the applicant’s lawful entry into the United States, proof of the military member’s qualifying service, and proof of any of the applicant’s additional favorable discretionary factors.
Military parole in place and military deferred action are discretionary benefits and are granted on a case-by-case basis. Since USCIS will weigh and balance all relevant considerations, both positive and negative, it is important to confirm eligibility and present a well-documented application. If you have questions about your eligibility for either program, please contact McGee Immigration Law to schedule a free legal consultation.