New York Lawyer's Legal Updates

Parole In Place For Military Families

Author: Parole in Place Attorney Alena Shautsova

On November 15, 2013, USCIS issued an official Memorandum clarifying the procedures for parole in place: a relief available for EWI (entrant without inspection) immediate relatives of the Military personnel. This relief is not a new law. In fact, it has been used by Immigration practitioners for a while, but the new Memo expanded its reach by adding members of veterans to those eligible for the parole in place and by specifying the guidelines that USCIS officers should follow while considering the applications.

Who is eligible for the parole in place?

Spouses, Children and Parents of

  • Active duty Members of the U.S. Armed Forces
  • Individuals in the Selected Reserve of the Ready Reserve
  • Individuals previously served in the U.S. Armed Forces or Selected Reserve of the Ready Reserve

Children include unmarried, under 21 sons and daughters.

The eligible individuals should not have criminal convictions and should submit the following documents:

  • Application for Parole on USCIS form I 131
  • Evidence of the family relationship
  • Evidence of the family member  belongs to the eligible group of the U.S. Armed Forces
  • Evidence of the additional favorable factors

The effect of the parole in place being granted is that the beneficiary, absent other negative factors will be able to adjust his/her status to one of a permanent resident without having to leave the country or applying for a waiver. In addition, the Memo clarified that parole in place is a discretionary relief, meaning that the applicant must still present documents in favor of granting of the parole: such as letters in support, records of volunteering and paying taxes, references from job, documents in support of humanitarian reasons (Medical records, financial records, etc.)

In the absence of Immigration reform, the Memo regarding Parole in Place is one of the tools that Obama administration is using to improve the reality of the Immigration laws in the US.

Please call with your questions at 917-885-2261.

24 November 2013
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