Military Parole in Place (PIP) is available for certain family members of current and former United States armed forces personnel. PIP has some unique features, specifically enabling a path to permanent residency, which is not typically available to beneficiaries of other “parole” programs.
Military Parole in Place is available for spouses, widows(ers), parents, and/or children (regardless of age) of current or past United States military servicemembers who are living in the country without a “lawful entry.”
The qualifying service member must be either:
- In active duty in the Army, Navy, Air Force, Marine Corps or Coast GuardAn individual in the selected reserve or the ready reserve
- Have previously served on active duty or in the selected reserve of the ready reserve and not been dishonorably discharged
- PIP does not impact any inadmissibility grounds under INA Section 212.
Additionally, applicants are highly unlikely to be successful if they have a criminal conviction or other serious adverse factor that could impact their immigration eligibility. The family of military members who have entered the United States lawfully but overstayed their visa are not eligible for PIP. However, they can pursue Deferred Action as a remedy. The Immigration and Nationality Act (INA) allows for parole in place to be granted on a case-by-case basis for “urgent humanitarian reasons or significant public benefit.”
Military family beneficiaries who are granted PIP are provided authorization to stay and work in the United States. Most importantly, PIP beneficiaries are “paroled” for the purposes of applying for a Green Card inside the United States under the INA. This is a significant benefit that is generally not available to family members of civilians or through other programs that offer parole into the United States.
Normally, individuals who enter the United States unlawfully cannot apply for permanent residence (Adjustment of Status) from inside the United States. PIP allows for beneficiaries to:
-Avoid the three-year (accrued more than 180 days but less than one year of unlawful presence during a single stay in the United States) and 10-year (one year or more of unlawful presence during a single stay in the United States) unlawful presence grounds of inadmissibility.
-Become authorized to stay in the United States.
-Become eligible for employment authorization.
-Become eligible to adjust status to permanent residence.
Military Parole in Place authorizes the beneficiary’s stay in the United States for a one-year period, with extensions available indefinitely in one-year increments. Individuals must submit a new PIP application each time they apply to extend their stay in the U.S. The military family member beneficiary is also given an I-94 arrival/departure record as evidence of parole. With the I-94, the individual has proof of lawful entry to the United States and may apply for a work permit or adjustment of status.