On November 15, 2013, US Citizenship and Immigration Services announced an important change in policy that will help many families who have a family member who is currently in the military or is a veteran. A Policy Memorandum of that date permits “parole in place” (“PIP”) to the spouses, children and parents of active duty military personnel, reserve members and veterans who are physically present in the US without inspection or admission. The most important part of this change is that individuals who are granted PIP may be eligible to apply for adjustment of status if they are a spouse, parent or single child under the age of 21 of a US citizen.
To apply for PIP, an applicant must submit an application packet at the local USCIS Field Office. The packet should include the following:
- Form I-131, Application for a Travel document. No filing fee is required.
- Evidence of the family relationship between the applicant and the military family member.
- Evidence that the applicant’s family member is an Active Duty member of the US Armed Forces, individual in the Selected Reserve of the Ready Reserve or an individual who previously served in the US Armed Forces or the Selected Reserve of the Ready Reserve.
- Two identical color passport style photographs.
- Evidence of any additional favorable discretionary factors.
As in all applications with USCIS, it is important that an individual be sure that he or she is eligible for this benefit. This requires a careful review of the potential applicant’s immigration and criminal background. If you are eligible, this change may be just what you have been waiting for in order to legalize your status. We are available to review your situation and to represent you in this process if you are eligible.