New York Lawyer's Legal Updates

Parole In Place: Why To Use It And Where To Submit It

Author: New York Immigration lawyer Alena Shautsova

Parole in place is a discretionary action by the U.S. government that allows an individual who is in the United States without being properly inspected and admitted to be “admitted” into the country without leaving it. Parole in place can be applied for by members of the military families, as well as by individuals without connections to the military. Non-military parole in place is even harder to get that the one for military members. I would say, almost impossible, however, it can be given pursuant to INA § 212(d)(5)(A), for "urgent humanitarian reasons or significant public benefit".

Why one would need a parole in place? It is because without it, those individuals who entered the country without inspection, in most cases, would not be able to “adjust” or receive a permanent residency without leaving the United States. Again, parole in place is not a freely granted and it is not a usual route so to say. However, it is a possibility in certain, compelling cases.

One should direct their request for parole in place to the ICE (ERO) if an individual is in removal proceedings, or is subject to a final order of removal, or was previously paroled by ICE, regardless of current status. In all other cases, it is USCIS , district director who would have jurisdiction over parole in place application.

What needs to be submitted with the request? First, one has to submit application I-131 form. Then, an applicant has to submit supporting documents. Even for military parole place, a copy of qualifying relative’s military ID is not enough. An applicant has to explain how and why he deserves the favor of parole in place. Such document may include affidavits, copies of medical and financial documents, photos, copies of tax returns, etc. Each applicant’s story is different, and each submission will vary.

How long one would wait for the decision? The wait time will depend on a particular office. It can be from 4 months to a year, a longer. It all depends. If the case is with ERO, an attorney should meet with an officer working on the case and discuss the timeline and concerns.

09 April 2016
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