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ILT MAGAZINE l ISSUE NO.
31
ILT MAGAZINE
Military Parole in Place (PIP) [Beginner Level] By Sonia S. Figueroa, Esq.
Y
Sonia S. Figueroa, Esq. Sonia@Figueroa-Lee.com
ou get a call from an undocumented immigrant, who entered the US without inspection, planning to marry a US military service member. They’ve heard the horror stories of applicants being denied or delayed at the consular processing stage, even with a provisional waiver. The prospect of leaving for the interview makes them want to abandon the process. But they are in luck. This immigrant might qualify for the program commonly referred to as “Military Parole In Place” or “PIP” for short.
PIP is a discretionary program that USCIS instituted on August 30, 2010, and further clarified in a policy memorandum issued on November 15, 2013. PIP allows the Immediate Relatives of active duty, reserve or veterans of the US military to overcome the entry without inspection inadmissibility found in INA §212(a) (6)(A)(i). PIP would resolve their entry without inspection, opening up the potential of an immigrant’s path to legal permanent residency based on an INA §245(a) Adjustment of Status. Immediate relatives are the parents, spouses or children, as defined in the INA.
PIP does not absolve other inadmissibilities such as unlawful presence, the permanent bar, aggravated felonies, etc. Therefore, if the service member is a permanent resident, although their immigrant spouse’s entry would be resolved, their period of unlawful presence would not. Fortunately, if the service member is a US citizen and the immigrant only entered the one time, the INA §245(c) requirement for maintaining lawful status or not working without authorization is not required. If the spouse does not have a criminal history or other issues, then the opportunity to adjust status without Consular Processing is possible. PIP status is granted for one year. Although it can be used as proof of
“inspection and admission or parole,” it can also serve as the basis for applying for a work permit, but the work permit would only be valid for one year. PIP will have to be renewed if another year of work authorization is desired. The basic elements of a complete PIP packet are the following:
1. Form G-28.
2. Form I-131, clearly marked as a military PIP case.
3. Form G-325A for both the service member/veteran and their family member.
4. Letter or Declaration from the service member/veteran describing why PIP should be granted.
