The Law Offices of Grinberg & Segal, PLLC

Parole In Place for Family Members of U.S. Military Service Members

This article will provide a brief overview of the parole in place procedures set forth in the Memo.

Introduction
The Attorney General has limited discretionary authority to grant parole to an alien who is in the United States without an immigration status.  This exercise of parole is called “parole in place.”  A United States Citizenship and Immigration Services (USCIS) Memorandum (“the Memo”)[1] released on November 15, 2015, formalized a process for granting parole in place to family members of certain active duty military service members and former active duty service members.  Parole in place waives the entry without inspection ground of inadmissibility and allows the alien to begin the adjustment of status process.  This article will provide a brief overview of the parole in place procedures set forth in the Memo.

Statutory Background
The Attorney General has limited discretionary authority to grant both parole to an alien abroad and parole in place to an alien in the United States.  Section 212(d)(5)(A) of the Immigration and Nationality Act (INA) allows for the Attorney General, in his or her discretion, to grant parole for either urgent humanitarian reasons or if he or she determines that there is a significant public benefit supporting the grant of parole.

Benefits of Parole in Place
The Memo instructs that parole in place should be granted for an initial period of one year, and that it may be reauthorized in subsequent one-year increments.

Parole in place only waives inadmissibly under section 212(a)(6)(A)(i) relating to entry without inspection. This point is very important with regard to eligibility for adjustment of status.

In order to adjust status under section 245(a), an alien must have been admitted or paroled into the United States.  If the parolee is the immediate relative of a U.S. citizen or falls under certain special categories, he or she will be exempt from the bar to adjustment of status found in section 245(c)(2) which requires that the applicant have maintained continuously a lawful status since his or her last entry into the United States.

While parole in place may allow certain beneficiaries to adjust status, it does not in and of itself guarantee that a beneficiary will be eligible to adjust to permanent resident status.  For one, as we noted, parole in place only cures inadmissibility relating to entry without inspection.  Any other factors that may render the alien ineligible for adjustment of status must be addressed separately in order for the alien to be able to become a permanent resident.

Furthermore, the eventual eligibility of the alien for adjustment of status is not a prerequisite for granting parole in place.[2]  Thus, parole in place may be granted for discretionary reasons even if the alien is not likely to be able to adjust status.

  1. 1.Policy Memo, USCIS, 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), PM-602-0091 (Nov. 15, 2013)
  2. 2.Q&As, Meeting USCIS Field Operations Directorate with AILA (Apr. 10, 2014), published on AILA InfoNet at Doc. No. 14050844

Please Read our Full Article to Learn More: http://myattorneyusa.com/parole-in-place-for-families-of-military-service-members-and-veterans

Or Read our Overview of Immigration Parole:  http://myattorneyusa.com/parole

The Law Offices of Grinberg & Segal, PLLC

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New York, NY 10005,
United States

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