Veterans Day is a time for us to honor and appreciate the sacrifices made by U.S. service members and their families. For military families with non-citizen relatives, there are important immigration pathways that can help them navigate the complex and often overwhelming process of obtaining permanent resident status. This guide explores key options available for military families, particularly focusing on Parole in Place (PIP) and green card pathways for spouses, parents, and children of active-duty service members and veterans.
Understanding Parole in Place (PIP) 
Parole in Place (PIP) is an immigration benefit that allows the spouses, children, and parents of U.S. military personnel to stay in the United States legally while applying for lawful permanent residency. PIP essentially allows individuals who are unlawfully present in the U.S. to “parole” into the country and remain there while they work through the green card application process. This benefit is incredibly important for military families as it helps address one of the major barriers that undocumented individuals face when applying for a green card: unlawful presence.
Eligibility for Parole in Place
To be eligible for Parole in Place, the individual must meet the following requirements:
- Be a spouse, parent, or child of a U.S. military service member or veteran.
- Be living in the U.S. without lawful immigration status.
- Be the immediate family member of an active-duty service member, a veteran, or a member of the U.S. National Guard or Reserves.
While Parole in Place is a unique option, it’s essential to understand that it is not automatic. Applicants must submit a request to U.S. Citizenship and Immigration Services (USCIS) and provide documentation proving their eligibility. However, once granted, PIP allows the military family member to stay in the country legally, making it easier to pursue a green card and reduce the risks of deportation.
How Parole in Place Works
The process of applying for Parole in Place is straightforward, but there are certain steps involved:
- File a Request for Parole in Place: The service member or veteran will need to submit a formal request to USCIS to initiate the process. This includes submitting Form I-131, Application for Travel Document.
- Wait for Approval: After the request is made, USCIS will review the application and determine whether the applicant meets the criteria for Parole in Place.
- Apply for Adjustment of Status (AOS): Once the PIP is granted, the family member can apply for an adjustment of status to become a lawful permanent resident (green card holder).
- Avoid Deportation: PIP can help waive certain penalties associated with unlawful presence, making it a crucial tool for military families seeking to stay together.
The Benefits of Parole in Place for Military Families
For military families, Parole in Place provides numerous benefits. It helps ensure that family members are not separated due to immigration status while the process of applying for permanent residency takes place. PIP also reduces the risk of deportation and helps military members and their families navigate the often difficult immigration process with greater peace of mind.
Applying for a Green Card through Parole in Place
Once a family member has been granted Parole in Place, they can apply for a green card through Adjustment of Status (AOS). The process of applying for a green card while in the U.S. without leaving the country is often easier and quicker than having to go through consular processing abroad. Adjustment of Status allows applicants to change their status from that of a non-citizen to a lawful permanent resident (green card holder) while remaining in the U.S. during the entire process.
Green Card Options for Military Families
In addition to Parole in Place, there are several green card options available to military families. These include family-based immigration, which allows U.S. citizens and lawful permanent residents to sponsor their non-citizen relatives for green cards. For military families, these options are often faster and more accessible than for others, especially if the service member or veteran is sponsoring a spouse, child, or parent.
- Adjustment of Status (AOS): If you are married to a U.S. citizen, the U.S. citizen spouse can sponsor you for a green card, and you can apply for Adjustment of Status to change your status from unlawful presence to lawful permanent resident.
- Family-Based Immigration: Service members and veterans who are U.S. citizens can sponsor their foreign-born spouses, children, and parents for a green card through family-based immigration. This pathway ensures that military families can be reunited and remain together, even if the foreign family member is living unlawfully in the U.S.
- Special Immigrant Visas (SIVs): For individuals who have worked alongside U.S. military personnel in certain capacities (e.g., translators, interpreters), the Special Immigrant Visa may provide a pathway to a green card.
How to Apply for a Green Card through Parole in Place
The process of applying for a green card through Parole in Place involves several key steps:
- Submit a Parole in Place Request: This step involves filing Form I-131 with USCIS to apply for Parole in Place. Supporting documentation, such as proof of the service member’s military service, will be necessary.
- Wait for PIP Approval: USCIS will review your case and determine if you qualify for Parole in Place. If granted, you can legally stay in the U.S. while your green card application is processed.
- File for Adjustment of Status (AOS): Once Parole in Place is approved, you can then apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
- Attend a Green Card Interview (if applicable): USCIS may require a green card interview to verify your eligibility for permanent residency. If everything is in order, you’ll be approved and receive your green card.
Considerations and Challenges
While Parole in Place offers military families a chance to remain together in the U.S., there are a few important considerations to keep in mind:
- Eligibility Requirements: Not all military family members may qualify for PIP. It’s crucial to ensure that you meet the specific requirements set by USCIS.
- Documentation: Gathering the necessary documents to prove eligibility for PIP and a green card can be time-consuming and complex. Working with an immigration attorney can help ensure that your paperwork is accurate and complete.
- Processing Times: While PIP can be a quicker way to resolve immigration status, processing times for green card applications can still be lengthy, so it’s important to be patient.
Why Military Families Should Apply for Parole in Place
For military families, having the option to apply for Parole in Place provides a sense of security and allows families to stay united during the immigration process. The flexibility of applying for a green card while remaining in the U.S. makes it easier to live and work in the country without the threat of deportation. Additionally, military service members are granted special consideration in the immigration process, which can make it easier for their families to join them in the U.S.
At The Scheer Immigration Law Group, we understand the unique challenges military families face when navigating immigration law. If you or your family members are seeking assistance with Parole in Place or green card applications, we are here to help. Our experienced attorneys are dedicated to helping military families achieve their immigration goals.
If you are a service member or veteran with family members who are struggling with immigration status, reach out to The Scheer Immigration Law Group today. Our compassionate and knowledgeable team is here to guide you through the process and ensure your family can stay together in the U.S.
Veterans Day is a reminder of the sacrifices made by our service members and their families. It is also a great opportunity for military families to explore immigration options like Parole in Place and green card pathways. These options help ensure that families can stay together and legally live in the U.S., making it easier to build a secure future for loved ones.