Immigration Help for Spouses, Children, or Parents of Veterans and Military Members

by Richard Bracken on November 18, 2013

An unexpected policy change by the Obama administration occurred on November 15, 2013, extending the current policy of granting Parole in Place (PIP) for the spouses of military members to also include the parents and children of not only military service men and women, but veterans as well!

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Why is Parole in Place significant? It is quite common for immigrants to face big obstacles in legalizing in the U.S. if they previously entered the U.S. without a visa. This is commonly referred to as “entry without inspection” (EWI). Most immigrant spouses and parents of veterans and soldiers who have been petitioned for, but who have entered EWI, are usually required to return to their home country to attend a visa interview at a U.S. consulate abroad. Most family members in this circumstance have also, coincidentally, remained in the U.S. for more than a year after having entered EWI. These combined circumstances typically trigger the most common inadmissibility, which is the accrual unlawful presence. Without a waiver, spouses with unlawful presence of over one year are usually considered inadmissible for up to ten (10) years once they have stepped foot outside the U.S. to attend the consular interview. This is also the case for immigrants who entered the U.S. with visa’s but who have since fallen “out of status”.

For this reason, many families are understandably unwilling to start an immigration process due to the risks that are involved with leaving the U.S. and facing inadmissibility and the possibility of denied waivers. Fortunately, for the immigrant spouse, child, or parent of U.S. soldiers and veterans, there may be hope thanks to the prospect of being granted “Parole in Place”.

Once granted, the U.S. soldier or veteran may then petition for his or her spouse, child, or parent from within the U.S. to that of lawful permanent residence without anyone having to leave the country, and thus potentially bypassing the most common inadmissibility issue.

Parole in Place requests are considered by the District Director on a case by case basis. One must utilize great care in seeking it and should not attempt to obtain it without the assistance of a competent .

 

Richard Bracken is a veteran who has served in the Office of the Staff Judge Advocate General (JAG) for the U.S. Army.  Throughout the years he has helped innumerable soldiers and veterans, and can advise you on obtaining Parole in Place from within the U.S.  For a free consultation about obtaining Parole in Place, please contact us today.

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