Can you be approved for PIP, but denied a Green Card?

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Very frequently, our office is asked the question: Is a Green Card Application able to be denied after Parole in Place (PIP) is approved? This post will briefly answer this common question or concern.

First, what is PIP?

Military Parole in Place (also known as PIP) is a special immigration filing for a spouse, child, or parent of a United States Service Member. PIP is a waiver, forgiveness, pardon (stated many different ways by people) from entering the US illegally or Entry Without Inspection (EWI). Generally, if someone enters illegally, they are unable to apply for a Green Card through USCIS in the United States.

An Approval of PIP provides the successful applicant to receive an I-94, Lawful Entry Record. The end goal of Parole in Place is to receive a Lawful Permanent Resident or more commonly known as a Green Card.

Second, can USCIS deny a Green Card after approving PIP?

Yes, PIP is separate and unique from someone’s I-485 Green Card application. PIP must occur before the I-485, since the I-485 builds upon and requires the lawful entry provided by a successful PIP Filing.

Many denials can result from other Immigration Violations that are uncovered from a more thorough background check and questioning. The I-485 form has more than 100 questions for the Applicant. Whereas, the PIP filing mainly focuses on the Service Member and questioning is extremely minimal.

For instance, multiple illegal entries into the United States would make someone’s INABILITY to receive a Green Card, permanent and unwaivable. (more info on this Violation can be found in another of our blog posts: INA 212(a)(9)(C) Permanent Bar). A PIP Approval cannot waive an “unwaivable” immigration violation. Some Immigration Violations cannot be forgiven and could lead to deportation. If this common issue is your situation, you should speak with an experienced immigration attorney. (More info can be found in our related blog post: Military Deferred Action).

The reasons for a Green Card denial can be any number of things. Just because a Parole in Place is approved, a Green Card is not guaranteed.

If you have any concerns about immigration issues, you should speak with an experienced Immigration Attorney, or you may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066. If you want to learn more about our Immigration Team, please visit the following link: Meet Our Immigration Team


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