Military Parole in Place (PIP) is a special immigration filing with USCIS to waive an illegal entry into the United States and to thereafter permit the spouse, child, or parent of an Active Duty, Reserve, or Veteran Service Member to apply for Lawful Permanent Residence.
However, approval for Parole in Place does not mean approval for a Green Card is going to happen. Many Jurisdictions in the United States, such as North Carolina, require an eligibility affidavit. Many Service Members discover this Affidavit Requirement after submitting the filing to USCIS and USCIS mails a Request for Additional Evidence (RFE). But, creating an affidavit can do any of the following:
- Make someone permanently barred from becoming a Green Card Holder or United States Citizen
- Open the Applicant to a criminal investigation
- Make the Applicant ineligible for Parole in Place
- Place the Applicant in Deportation Court (USCIS does refer many cases to Deportation Court, regardless of whether the Applicant is the Spouse, Child, or Parent of a Service Member)
Am I Eligible for Military Parole in Place?
This should be the first question every PIP Applicant should ask themselves. If this question was considered at the beginning, many Applicants could avoid delays and risk of being deported. Note: If someone is not eligible for Parole in Place, and PIP is filed, the Applicant is telling the US Government all of their information and denial can start Deportation Proceedings.
Intro to the PIP Affidavit
Our Office likes to term the Military Parole in Place Affidavit as an “Eligibility Affidavit.” When our office performs an Eligibility Affidavit, we consider the number of entries and fraud performed at the time of entry. If multiple entries occurred, the Applicant may be Permanently Barred from becoming a Lawful Permanent Resident (Another blog on the multi-entry issue can be found here: https://www.fickeymartinezlaw.com/immigration/permanent-bar-for-two-or-more-illegal-entries-ina-212a9ci/). In the Permanent Bar situation, the Military Deferred Action (DA) filing could be more beneficial. (More info on Military DA can be found here: https://www.fickeymartinezlaw.com/immigration/military-deferred-action-a-parole-in-place-pip-alternative/)
Our office performs this eligibility affidavit in every case, regardless of jurisdiction. If the Applicant is 100% Eligible or arguably is eligible since there is a hardship to the service member, confirming eligibility and providing that to USCIS helps the filings process easier. However, every Applicant should be wary of the possible risks and should always seek guidance from an Immigration Attorney knowledgeable about Military Immigration.
Parole in Place Affidavit Breakdown
The Parole in Place Affidavit should have the following pieces of information:
- Number of Entries
- Date of all Entries
- Location of all Entries
- Method of Transportation for all Entries
- Number of People Accompanying, along with their Name, Relationship to Applicant, and Date of Birth
- Explanations of any encounters with Immigration Officers or Border Patrol
- Explanation of any past Immigration filings, such as DACA or TPS
The Affidavit should also state the Full Name of the Applicant, Date of Birth, Place of Birth, Current Address, Phone Number, and the Affidavit should be notarized.
Saving One at the Cost of Many
What does this mean? Well, USCIS can use an Affidavit of the Applicant against the Applicant’s family. A common scenario is that a child crosses the border illegally with their parents, either the parents were physically present or paid a coyote to assist in the crossing. This can be considered Human Trafficking under US Immigration Law and can cause serious complications. Now, this is problematic when the Applicant was the “smuggling” parent. Similarly, you would not want to get your in-laws in trouble with Immigration, regardless if they are illegal or have received a Green Card or United States Citizenship.
Our Military Parole in Place Webpage can be found here:
Parole In Place (PIP) Blog Posts
Our Law Firm has written numerous blog posts and made many Youtube Videos to aid in the immigration process. Click the following link to see our selection for Military Parole in Place: Parole In Place Blog Posts
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