Parole in Place (PIP)
USCIS may grant parole in place on a case-by-case basis for urgent humanitarian reasons or significant public benefit under section 212(d)(5)(A) of the INA. A person may be eligible for parole in place in 1-year increments if they are the spouse, widow(er), parent, son or daughter 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 (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.
This primarily helps those who entered the U.S. illegally. By applying for Parole in Place (PIP), that immigrant is considered to have been “paroled” into the country and therefore entered legally. This change of status opens the door for many immigrants to apply for adjustment of status to permanent residence, especially if they are married to a U.S. citizen.
If an immigrant entered the U.S. lawfully but overstayed their visa (or are otherwise in the U.S. past their period of authorized stay), they are not eligible for parole in place because they are not an applicant for admission. However, an immigrant may qualify for deferred action.
In November 2014,, USCIS issued a policy memorandum which created the Parole in Place program. "Parole of Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve and the Effect of Parole on Inadmissibility under Immigration and Nationality Act § 212(a)(6)(A)(i)".
The memorandum directs that undocumented immigrants present in the United States without having been admitted or paroled, and who are spouses, children, or parents of military members, reservists, or veterans, will be entitled as a class to "parole in place" — a quasi-legal status in the U.S. that opens the door for them to adjust status in the U.S.
Adjustment of Status.
Parole in Place allows a person to obtain permanent residence through adjustment of status in the U.S., if they have a U.S. citizen spouse or a child over 21 years of age. Normally, the immigrant would need a pardon and the pardon procedure (I130/I601A/CP) requires the final step outside the U.S. at the Consulate in the immigrant’s home country. Often the person is not eligible for a pardon.
This Parole in Place procedure greatly simplifies the procedure for permanent residence. The applicant can do the entire process here and does not need a pardon.
WARNING: The article above is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.