On November 15, 2013, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that, without much fanfare, provided discretionary relief to undocumented parents, spouses, and children of those currently serving or veterans of the United States Armed Services. In partnership with the Department of Defense (DoD), USCIS launched this initiative to assist military members, veterans, and their families to navigate our complex immigration system and allow the constant threat of possible deportation to be alleviated by a clear pathway to lawful status. The memo applies to 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.
Section 212(d)(5)(A) of the Immigration Nationality Act (INA) gives the Secretary of Homeland Security the discretion, on a case-by-case basis, to “parole” for “urgent humanitarian reasons or significant public benefit” an alien applying for admission to the United States. Although it is most often used to allow an alien who is outside the United States seeking entry into the United States, parole may also be granted to aliens who are already physically present in the United States without inspection or admission. The use of parole within the United States is sometimes called “parole-in-place.” Parole-in-place has historically been used by individuals otherwise eligible for the Cuban Adjustment Act who entered the United States without inspection or admission. Parole-in-place has also been used in the case of transitional workers in the Commonwealth of the Northern Mariana Islands, a U.S. territory, to maintain their lawful status during a transition period. This new execution of parole-in-place is specifically meant to target military families by rewarding their heroic service to this great country and also by alleviating the stresses related to their family member’s immigration status. A military member, who is constantly focused on whether their loved one will be deported while overseas, cannot concentrate on their primary focus on protecting and serving the United States.
The importance of parole-in-place for parents, spouses, and children of veterans and active military members, who entered the United States without inspection, is centered on their inability to gain permanent residence due to their lack of inspection or admission into the United States. An individual who is present in the United States without inspection, admission, or parole is inadmissible under INA § 212(a)(6)(A)(i). That section states that “an alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General is inadmissible.” If an individual is granted parole through parole-in-place, that person is no longer present without admission or parole, and therefore, is admissible to the United States. With a lawful entry by parole-in-place, the individual is able to adjust status under INA §245(a) and would not have to leave the country which would trigger the three- or ten-year bars for unlawful presence.
Although parole-in-place will alleviate inadmissibility for entering without inspection, it does not prevent inadmissibility for other grounds such as criminal grounds, health related grounds, or economic grounds. Anyone interested in applying for this should speak with a professional to determine any other possible grounds of inadmissibility. Ultimately, this fairly new procedure benefits us all by preserving the family unity of veterans or those currently serving in the armed forces and by keeping those currently serving in the military focused on their mission without being distracted by their family’s immigration problems back home.
If you or someone you know may qualify for Parole-in-Place, please visit our Immigration 101 page or contact Managing Partner Michael Wildes at [email protected].
* This article is based on information available as of its publication and is not intended to be all-inclusive or to furnish advice in a particular case. We are not responsible for any changes in regulations that may occur subsequent to publication. Please feel free to contact our office for further information and advice.
Michael J. Wildes, is the Managing Partner of Wildes and Weinberg, P.C. Mr. Wildes is a former Federal Prosecutor with the United States Attorney’s Office in Brooklyn (1989-1993). Mr. Wildes has testified on Capitol Hill in connection with anti-terrorism legislation and is internationally renowned for his successful representation of several defectors who have provided difficult to obtain national security information. He is frequently a legal commentator/analyst for network television. He is an Adjunct Professor at the Benjamin N. Cardozo School of Law in New York and teaches Business Immigration Law. From 2004 through 2010, Mr. Wildes was also the Mayor of Englewood, New Jersey—where he resides. Wildes and Weinberg, P.C. has offices in New York, New Jersey and Florida. If you would like to contact Michael Wildes please email him at [email protected] and visit the firm’s website at www.wildeslaw.com.
By Michael J. Wildes
