Military Parole-in-Place (PIP)

MILITARY PAROLE-IN-PLACE (PIP)

Parole in Place (PIP) allows immigrant family members of military personnel to obtain authorized stay or work authorization in the U.S. PIP is a temporary right to remain in the U.S. (in one-year increments). PIP provides unlawful spouses, parents, and unmarried minor children of U.S. citizen members of the U.S. military (current or past) who are in the U.S. after an unlawful entry a path to a U.S. legal permanent residency (also known as a green card) that is not available to others. PIP reduces the grounds for inadmissibility under INA §212 which relates to individuals “present in the US without being lawfully admitted.” PIP also protects family members from deportation proceedings and gives authorization for work, and stay, and in some instances helps members obtain adjusted status.

PIP was first implemented in 2013. Since then, it has given undocumented family members of the United States military personnel the option to apply for residency without leaving the country.

WHAT IS MILITARY PAROLE IN PLACE?

Military PIP is a valuable benefit available to undocumented relatives of military service members. Typically, if someone enters the United States unlawfully (without a visa), they cannot apply for lawful permanent residence or citizenship from within the United States. As such, to obtain their green card, they are required to return to their country of origin. Once they return to their home country for consular processing, they often find themselves facing additional issues of inadmissibility which can prevent them from returning to the United States (for example, the ten-year bar).

The United States government is aware that these rules can create stress and disrupt the stability of a family.

Because the government wants military service members to focus on their work, the PIP program allows certain undocumented military family members to remain in the United States while they apply for permanent residence.

Family members who are eligible for military probation instead can benefit from several protections:

Applicants who are granted PIP will be able to stay in the United States and work. Family members won’t be exposed to deportation once they receive military PIP. They are able to work legally and in most cases, can apply for lawful permanent residency ( a green card). Military PIP recipients receive an I-94 immigration record, even though they entered the United States without inspection (unlawfully). This registration is essential for a green card application. For those who are the spouses, children, or parents of a United States citizen, that means that the undocumented individual may be able to adjust their status to lawful permanent resident almost immediately.

WHO IS ELIGIBLE FOR MILITARY PAROLE IN PLACE?

Immediate families of members of the United States military, active or veteran, may be eligible. To be eligible for PIP you must be:

– A member (active) of the United States armed forces
– A current member of the selected reserve from the prepared reserve
– A person who previously served in the United States armed forces or selected reserve from the prepared reserve

The immediate family member who is seeking parole must be in the following relationship with military personnel:

– A spouse
– A parent
– A child under the age of 21 (unmarried)

However, the military parole in-place program has its limitations.

Applicants who are inadmissible, due to serious criminal records, national security, and/or other issues can easily be denied PIP.

APPLYING FOR MILITARY PAROLE IN PLACE

Before you or your loved one applies for Military Parole in Place, you will have to complete a series of forms and collect important evidence.

To apply for the PIP, you must fill out Form I-131 Travel Document Application. You will also need the following documentation:
Evidence that the U.S. citizen family member is an active member of the United States armed forces, in the selected reserve of the prepared reserve, or has previously served in the Proof of enrollment in the United States armed forces or the selected reserve, or the reserve
Two identical, color, passport-style photographs of the non-citizen applicant
Evidence of any favorable discretionary factors to share with USCIS (letters from community leaders or teachers showing their involvement in volunteer activities, education, or education of their children)

Requirements

In general, applicants must show:

Physical presence in the United States,
No prior admission to the United States,
Relation as spouse/child/parent of active duty U.S. military personnel or previous U.S. military personnel who is still living or now deceased,
No prior significant criminal conviction,
Applicants for Military PIP must submit a completed application packet to the local USCIS office with jurisdiction over their place of residence. The application is submitted on Form I-131, Application for Travel Document. Also required is evidence establishing a familial relationship to the military personnel (e.g. birth certificate), evidence establishing current or former member of the U.S. armed forces (e.g. Form DD 4/1), and a statement about why Military PIP is warranted.

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