USCIS Formally Recognizes “Parole in Place” for Immediate Relatives of Past and Present Military Personnel

On November 15, 2013, U.S. Citizenship & Immigration Services released a Policy Memorandum regarding an old remedy called “parole in place.” Essentially, the government may, in its discretion, parole an alien into the United States even though the alien is already physically present in the United States without inspection or admission. In most cases, an individual that is in the United States without inspection or admission must consular process overseas in order to become a lawful permanent resident because an alien cannot adjust status in the United States without having been lawfully admitted or paroled. This discretionary “parole in place,” though, would permit aliens who are paroled to adjust status without leaving the United States. Technically, this remedy is available to anyone, but it is generally granted only for urgent humanitarian reasons or significant public benefit. In this memorandum, USCIS directly states that parole in place would “generally be an appropriate exercise of discretion” for an alien that is the spouse, child, or parent of an active duty member of the U.S. Armed Forces, an individual in the Selected Reserve of the Ready Reserve, or an individual who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve. If you or someone you know was previously ineligible for adjustment of status and believe that you may be eligible for “parole in place,” call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267, or visit our Website, to set up a consultation with one of our experienced immigration attorneys.

Font Resize