Latest update March 20th, 2025 5:10 AM
Nov 24, 2013 News
Illegal Family Members of U.S. Military Personnel May Adjust Status in U.S.
Attorney Gail Seeram
A new initiative has been launched to assist illegal aliens who are present without admission or parole and who are spouses, children and parents of those serving on active duty in the U.S. Armed Forces, in the Selected Reserve of the Ready Reserve or who previously served in the U.S. Armed Forces or Selected Reserve of the Ready Reserve.
In an effort to demonstrate its commitment to assisting military families, the Department of Homeland Security will use a discretionary tool called “parole in place” to help military dependents secure permanent immigration status in the United States as soon as possible.
Although it is most frequently used to permit an illegal alien who is outside the United States to come into U.S. territory, parole may also be granted to aliens who are already physically present in the U.S. without inspection or admission (sometimes called “parole in place”). The basic authority for parole in place is INA § 212(d) (5) (A), which expressly grants discretion to parole “any alien applying for admission to the United States.”
The grant of “parole in place” allows illegal aliens who entered the U.S. without inspection or illegal aliens subject to the three years and ten years ban for unlawful presence to adjustment status in the United States without having to leave the United States. Also, there is no requirement to file a waiver in or outside the United States. The illegal alien must not have criminal convictions of any other grounds of inadmissibility besides the two mentioned grounds mentioned in this paragraph.
STEP 1: Determine Eligibility
Remember, the decision whether to grant parole in place under INA § 212(d) (5) (A) is discretionary (on a case-by-case basis, looking at “urgent humanitarian reasons”). The applicant must be a spouse, child or parent 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 previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve.
Absent a criminal conviction or other serious adverse factors, parole in place would generally be an appropriate exercise of discretion for such an individual. If USCIS decides to grant parole in place, the parole should be authorized in one-year increments, with re-parole as appropriate.
To request parole, the alien must submit to the director of the USCIS office with jurisdiction over the alien’s place of residence:
(1) Completed Application for Travel Document;
(2) Evidence of the family relationship;
(3) Evidence that the alien’s family member is an Active Duty member of the U.S. Armed Forces, individual in the Selected Reserve of the Ready Reserve or an individual who previously served in the U.S. Armed Forces or the Selected Reserve or the Ready Reserve such as a photocopy of both the front and back of the service member’s military identification card (DD Form 1173);
(4) Two identical, color, passport style photographs; and
(5) Evidence of any additional favorable discretionary factors that the requestor wishes considered.
STEP 2: Apply for Adjustment of Status
Once you have obtained approval of your parole in place, you can proceed with filing a visa petition (signed by the U.S. citizen) and adjustment of status application, all at the same time. It is advised that you seek the advice of an experienced immigration lawyer when pursuing this new process of obtaining “parole in place” in order to seek adjustment of status in the United States as a family member of military personnel.
For more information, email [email protected] or call 1-877-GAIL-LAW or 407-292-7730 and ask about a FREE consultation.
Mar 20, 2025
2025 Commissioner of Police T20 Cup… Kaieteur Sports- Guyana Police Force team arrested the Presidential Guards as they handed them a 48-run defeat when action in the 2025 Commissioner of Police...Peeping Tom… Kaieteur News- There was a time when an illegal immigrant in America could live in the shadows with some... more
Antigua and Barbuda’s Ambassador to the US and the OAS, Ronald Sanders By Sir Ronald Sanders Kaieteur News- In the latest... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]