At Valverde Law we recognize the sacrifices and service made by members of our U.S. armed forces, veterans and their spouses, parents, and children. We are proud to call the Hampton Roads area of Virginia home where several military installations are found.
Valverde Law has been able to help many military families obtain lawful status for their loved one through an immigration benefit known as Parole in Place.
What is Parole in Place?
Although a somewhat confusing term, in immigration law “parole” means a type of legal entry into the U.S. When U.S. Citizenship and Immigration Services (USCIS) grants parole in place it is granting a form of legal entry and status without having to go to an official port of entry, such as an airport.
U.S. Citizenship and Immigration Services can grant parole on a case by case basis for humanitarian benefit or significant public benefit under section 212(d)(5)(A) of the Immigration and Nationality Act.
Who can apply for Parole in Place?
You may be eligible for parole in place in 1-year increments if you are the spouse, widow(er), parent, son or daughter of:
- An active-duty member of the U.S. armed forces;
- An individual in the Selected Reserve of the Ready Reserve; or
- An 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.
If you entered the U.S. lawfully but overstayed your visa, you are not eligible for parole in place because you are not an applicant for admission. However, you may be able to adjust your status to obtain a green card or qualify for deferred action and should consult an immigration lawyer.
How do I apply for Parole in Place?
To request parole in place, you must submit an application to a U.S. Citizenship and Immigration Services (USCIS) office with jurisdiction over your place of residence. Military families on assignment in an area different from their permanent place of residence may submit their request to the office with jurisdiction over either location. A Parole in Place application should include:
- Completed Form I-131 Application for Travel Document without any filing fee;
- Evidence of the family relationship (parent, spouse, or child) to the military service member or veteran, such as:
- Marriage certificate
- Documentation of termination of previous marriage
- Son or daughter's birth certificate
- Military member's birth certificate with parent's name
- Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS);
- Evidence that your family member is a current or former member of the U.S. armed forces, such as a copy of the front and back of the service member's military identification card or DD Form 214;
- Two identical, color passport style photographs; and
- Evidence of any additional favorable discretionary factors that you would like U.S. Citizenship and Immigration Services to consider.
What are the benefits of Parole in Place?
Because Parole in Place is a lawful status, you will become eligible for employment authorization, a social security number, and in most cases a driver's license. Often, it becomes the first step to allow you to apply for adjustment of status to obtain a green card if you are the spouse, parent, or unmarried child under 21 years of age.