Parole in Place: Active/Retired Military Members – Petitioning Immediate Relatives For Permanent Residency Even if They Came to U.S. W/O Inspection

On November 15, 2013, United States Immigration and Citizenship Services (“USCIS”) issued a memorandum amending the USCIS Adjudicator’s Field Manual to allow for parole requests to be made on behalf of certain military family members.  So, what does this mean? Essentially, this allows an active duty or retired military member to request “parole in place” from USCIS for a spouse, child, or parent. If that “parole in place” is granted, a petition for permanent residency may be filed for these qualifying family members, but the qualifying family members must be in the United States and their only immigration violation is that they entered the country without inspection/admission.  The approval of “parole in place” would allow these family members to adjust their status to that of a permanent resident without having to leave the U.S.  Keep in mind that criminal activity or other immigration violations could disqualify a qualifying family member from becoming a permanent resident.  It’s important that you first speak with an immigration attorney to see if this immigration benefit could apply to your situation.