Contributed by Amber L. Blasingame, Associate Attorney, Colorado Springs
President Obama’s Executive
Action announced on November 20, 2014, expands in Parole in Place to family of
US Citizens and Permanent Residents who are “seeking to enlist” in the
military. Secretary Jeh Johnson’s memorandum published on the same day as the
President’s announcement would widen the pool of eligible beneficiaries of
parole in place and procedures published by US Citizenship and Immigration
Services in November 2013.
Parole in place permits an
applicant for permanent residence, who is otherwise eligible, to adjust status
in the United States, even if the applicant entered the United States without
inspection. A person who has been lawfully admitted or paroled into the United
States, who has an immigrant visa available, may apply for permanent residence
under INA § 245(a) without having to leave the United States for consular processing.
The Department of Homeland Security may offer parole in the discretion of the
Attorney General “on a case-by-case basis for urgent humanitarian reasons or
significant public benefit.” Parole “in place” allows an applicant who may have
previously entered without inspection to be “paroled” into the United States
without having to first leave the United States to correct the prior entry, thus
extending to the applicant the equivalent of a lawful admission.
The spouse, parents, or children
of a United States Citizen benefit the most from parole in place. Because the
Immigration and Nationality Act forgives any period of unauthorized stay or
employment for the “immediate relative” of a US Citizen and allows the person
to adjust if she provides evidence of a lawful entry. However, parole in place
is also available for the immediate family members of Lawful Permanent
Residents. In the latter case, the family would be allowed to adjust status
upon issuance of parole in place, but may have to qualify for and submit a
waiver of any unlawful presence in the United States of six months or more.
The memorandum published in
November 2013, provided a more structured process by which family members of
enlisted or retired military personnel could obtain parole in place. Previously
the documentation and eligibility for parole in place was up to the individual
field offices. The November 2013 memorandum not only provided a form and
required documents, but also clarified who was eligible, including the spouses,
parents, and children of active duty and retired or honorably discharged
military personnel.
In an effort to comply with
President Obama’s executive action and increase military recruitment, the
November 2014 memorandum now expands the benefit of parole in place to the
immediately family members of US Citizens or Permanent Residents “seeking to
enlist” in the military who have not yet been assigned as active duty. The
memorandum also “direct[s] USCIS to consider” offering deferred action to the
family of service members and veterans who entered lawfully into the United
States but may not be eligible for other immigration benefits.
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