FEDERAL MATTERS ONLY
WHAT IS MILITARY PAROLE IN PLACE (MIL PIP)?
Because USCIS recognizes the important sacrifices made by U.S. service members and their families, a form of temporary legalization called “Parole in Place” may be provided to undocumented immigrants who are the parent(s), spouse, children, or widow(er) of an:
- Active-duty member of the U.S. armed forces;
- Individual in the Selected Reserve of the Ready Reserve; or
- Individual (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.
Military Parole in Place is granted on a case-by-case basis for one-year renewable increments. Once the Parole is approved, employment authorization (EAD) is available to the applicant. Importantly, Military Parole in Place allows qualified family members to obtain permanent residency (Green Card).
Military Parole in Place is not available to those who entered the U.S. lawfully but overstayed their visa or are otherwise in the U.S. past their period of authorized stay. However, these individuals may qualify for “Deferred Action.” Read more about Deferred Action below.
THE PROCESS
After an initial consultation with one of our certified counselors, an experienced immigration lawyer who specializes in Military Parole in Place will guide the applicant through the process and file the application with USCIS. If an interview is required, a lawyer or accredited representative will accompany the applicant and family member(s).
At American Liberty Law Group, we proudly refer to Parole in Place as “Military Parole in Place” or “Military PIP.”
DEFERRED ACTION
Deferred action is a form of prosecutorial discretion to defer or postpone an individual’s removal action (deportation) for a certain period. If deferred action is granted, the Department of Homeland Security (DHS) considers that individual to be lawfully present in the U.S. for the period deferred action is in effect. Deferred action does not confer lawful status, nor does it excuse any past or future periods of unlawful presence.
Under the existing regulations, an individual granted deferred status is eligible to apply for employment authorization (EAD) for the period of deferred action if “an economic necessity for employment” can be demonstrated. DHS can terminate deferred action at any time, at its discretion.
An individual may be eligible for deferred action for up to two years if they are the spouse, widow(er), parent, son or daughter of an:
- Active-duty member of the U.S. armed forces;
- Individual in the Selected Ready Reserve; or
- Individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.
In addition, Military Accessions Vital to the National Interest program enlistees in the Department of Defense Delayed Entry Program (DEP) may be eligible for deferred action. Spouses, parents, sons and daughters of enlistees in the DEP may also be eligible for deferred action.
To request deferred action, a detailed application must be submitted to USCIS.
At American Liberty Law Group, we are proud to help the qualified immigrant relatives of U.S. service members, past and present, apply for this important benefit.