Parole in Place: Immigration Option For An Illegal Spouse, Child, Or Parent Of A Military Member

“Parole in Place” or “PIP” is an uncommon immigration option that is not as formalized as most USCIS processes. There is no PIP Form at USCIS and currently the process is free, at no cost to the immigrant or military member. However, it is recommended that a military member seek the advise of a local immigration attorney for assistance in determining eligibility, properly filling out a “mismatched” USCIS Form, and drafting the comprehensive “Extreme Hardship Letter.”

Generally, illegal status within the United States has few remedies in immigration law. Illegal status can arise from illegally crossing the border either without a visa or at a location not permitted by a visa. These two categories, which are different from overstaying a visa, are able to be “forgiven” by the U.S. Government. (See overstaying visa post here). However, this option is very limited in scope and applies only to the illegal spouse, child, or parent of a military member.

As a positive point, the military member may be current military, reserve, or a veteran. Additionally, the illegal status of the spouse, child, or parent can be for decades. However, this process will only “forgive” unlawful presence or illegal entry into the United States. If the intended beneficiary or immigrant has committed crimes or other negative impacts to an immigration petition, application for a Green Card, or Adjustment of Status, then this option will likely be denied (i.e. determination of eligibility is key).

Outside of this narrow option carved out only for the illegal spouse, child, or parent of a military member, an immigrant will have to use USCIS’s 601 or 601A  forms. Additionally, the illegal spouse, child, or parent of a military member will have to: (1) Consular Process their Green Card Application outside of the United States, (2) defend against being subject to either a 3-year, 10-year, or permanent admissibility bar (i.e. bars from re-admission back into the United States), and (3) endure a costlier process and much longer processing times. (See relevant post here).

If you have any concerns, you should speak with a local Immigration Attorney. Additionally, you may call Fickey Martinez Law Firm, P.L.L.C. at (910) 526-0066 or email at attorney@fickeymartinezlaw.com.

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