Military families can face unique immigration challenges. If you have a family member serving in the U.S. armed forces (or who is a veteran, or who served but has since passed away) and need assistance with Parole in Place (“PIP”), an immigration consultation may help understand the options – not just PIP, but other remedies as well. A full consultation may help strategize and determine the fastest and most affordable way of achieving a stable, long-term immigration status for an applicant and their family.
What is Parole in Place (“PIP”)?
Parole in Place is a discretionary measure granted by the United States Citizenship and Immigration Services (USCIS) for urgent humanitarian reasons or significant public benefit. It can provide a pathway for certain eligible individuals to seek lawful status within the United States, if they entered without inspection or are present without admission.
Often, there is hardship on the military member or veteran because their parent, spouse, widow(er), or child lacks immigration status. For example, PIP for a family member of a service member may be approved due to the service member’s stress or injury from serving in the military, and/or needing their family’s emotional or caretaking support.
Usually, a conversation about the unique stressors in the family can help an attorney understand and discuss with a family the humanitarian or other reasons why one of these specific relatives needs immigration status.
We encourage people to tell us about their medical or mental health issues and what helps them thrive and makes them happy. A wholistic approach in reviewing PIP eligibility can help prepare a more successful application.
Who might be eligible for PIP?
A person may be eligible for Parole in Place if they are one of the following individuals, or if they are the spouse, widow(er), parent, or child of one of the following individuals:
- Active-duty member of the U.S. armed forces
- Individual in the Ready Reserve (selective reserve, individual ready reserve, or inactive national guard)
- Individual who previously served on active duty or in the Ready Reserve and was not dishonorably discharged (whether still living or deceased)
Only for people who entered without inspection (EWI)
Please note that Parole in Place is available only to individuals who are present without admission – who entered the United States without inspection by any immigration or security officials – and are therefore still applicants for admission to the United States.
If a person was lawfully admitted to the U.S. (for example, they came on a visa or even a visa that may not have been correct for them) but are currently still present in the United States beyond the authorized period of stay, they may not be eligible for parole in place. However, an attorney may be able to explore other immigration options for you, such as deferred action or a humanitarian remedy (such as T Visa or U Visa).
The purpose of PIP is really to take care of an “EWI” – Entry Without Inspection. Coming into the United States completely without papers (for example, walking across the border, crossing the river, etc.) can make someone “inadmissible,” or ineligible to immigrate. The goal of a PIP application is to try to eliminate that inadmissibility.
An honest conversation is important!
An immigration attorney will likely want to understand the applicant’s entire immigration and life history – including events such as prior deportations, prior criminal history, fraud history, and other personal history – as part of thinking about their eligibility for a work permit, permanent residency (a green card), or some other pathway to immigrate.
If the applicant has a deportation or fraud history, an attorney may have to look at special circumstances to develop the best immigration pathway. Please be open and honest in a consultation with an attorney and their legal team about any issues like this, even if a criminal or immigration offense was dismissed, or expunged, or under another name.
Overview of the Parole in Place Application
To request Parole in Place, an attorney usually submits the following documents to the USCIS office with jurisdiction over the applicant’s place of residence.
Please note – this is only an overview – different forms or support documents may be needed depending on the case.
1. Completed Form I-131, Application for Travel Document (without fee)
NOTE: An applicant does not need to have the Form I-131 drafted before preparing for consultation with an attorney and their team. If hired, the legal team may ask for the information needed for the form and the rest of the application. It is best to consult with an attorney instead of filing immigration applications on your own.
2. Evidence of the family relationship, such as marriage certificate(s), documentation of previous marriage termination, birth certificates of children, current or former service member’s birth certificate with parent’s name, or proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS).
3. Evidence that the family member of applicant is a current or former member of the U.S. armed forces, such as photocopies of the service member’s military identification card or DD Form 214.
4. For parents of current and former service members, evidence that the service member supports the application for Parole in Place, sometimes in the form of a letter from that service member.
5. Evidence of any additional favorable discretionary factors that the applicant would like USCIS to consider. (Think about the questions – What do you want the government to know about you and your family? Why is it important for you to stay here?)
6. An affidavit or declaration about how the applicant entered the US. A legal team can help develop this affidavit.
7. Two identical, color passport-style photographs of the applicant.
Please be aware though that procedures for submitting these PIP applications change quite often, so please be sure to talk to an immigration attorney to plan what to submit and where.
Get Professional Assistance!
Navigating the complexities of immigration law can be daunting, especially when dealing with Parole in Place applications. Our experienced immigration attorneys have a deep understanding of the unique challenges faced by military families. Our legal team includes military families, so we appreciate how important this is. We are dedicated to helping military families stay together and find a path to legal status in the United States.
For more information about Parole in Place and how to apply, you may also refer to the Adjudicator’s Field Manual Chapter 21.1(c)(1) available on the USCIS website. Overall, USCIS’s website often doesn’t include enough information on this and other issues, but interested families can use it as a starting point to understand their options before – or as part of – a consultation with an attorney.
An additional resource is a book written by award-winning attorney: Immigration Law & The Military, 2nd Edition (2015), Margaret D. Stock. https://www.amazon.com/Immigration-Law-Military-Margaret-Stock/dp/1573703737. (Helen Tarokic Law does not get any royalties from the sale of this book.)
Avoid Immigration Scams!
We always advise people to consult with a licensed immigration attorney for all their immigration questions, and to avoid filing any applications on their own without an attorney, or with the help of anyone who is not a licensed attorney. We especially recommend that applicants do not rely on a notario, a friend or community member, or work with anyone who does not have a license to practice law.
Errors in immigration applications can cause severe consequences, so please make sure the person you are asking for advice has the licensing, training, and experience to help you.
For more information, see the USCIS’s page on Avoiding Scams: https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams
Other Options for Pro Bono Service
Helen Tarokic Law PLLC provides private-pay legal representation. We are not a non-profit. We try to make the private representation process affordable, but some military families really need free (pro bono) legal assistance.
We encourage the public to learn about a program for people who need pro bono (free) legal assistance through the American Immigration Lawyers Association (AILA) – the Military Assistance Program (MAP) – https://www.aila.org/library/military-assistance-program.
For the last ten years, MAP has been a collaborative effort between AILA and the Legal Assistance Offices (LAO) of the United States military’s Judge Advocacy General’s (JAG) Corps. While LAOs provide free assistance to active-duty service members and their families, JAG attorneys have received more complex immigration legal questions that require the assistance of seasoned immigration attorneys. AILA MAP can offer immigration assistance to service members in their time of need.
If you need free assistance (not through Helen Tarokic Law PLLC), AILA MAP may be able to match your case with a pro bono immigration attorney if you meet all the following requirements:
- You are an active-duty service member or recent veteran (completing service within the past two years);
- You are currently unrepresented by an attorney;
- You hold a rank of E-4 or lower (unless you are a MAVNI seeking naturalization);
- You are requesting immigration assistance for yourself and/or a child, fiancé, spouse, or parent;
- You require immigration assistance for a case that doesn’t involve adoption, a request to expedite, or serious criminal issues; and
- You have not requested AILA MAP assistance previously.
If you meet the above requirements, you may complete the request for assistance here: https://www.aila.org/practice/pro-bono/find-your-opportunity/military-assistance-program/client-information# The information you provide should be forwarded to AILA MAP, who may then attempt to match the case with an experienced immigration attorney who has volunteered to assist at no cost.
If matched, you may be placed in direct contact with an AILA attorney who has agreed to work with you via email.
Please note that AILA MAP can only attempt to locate an attorney who can assist you, but matching is not guaranteed. If a case has not yet been matched with a volunteer attorney within 90 days, AILA MAP will likely be unable to match the case and will likely contact you with further resources.
If you would like private legal representation (such as with Helen Tarokic Law PLLC), please contact us to book a confidential legal consultation.
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