Military Parole in Place (PIP)

By Sonia S. Figueroa, Esq., Sonia@Figueroa-Lee.com

You 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.

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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.

5. Declaration of the family member describing entry, life in the US and why PIP should be granted.

6. Proof of service member/ veteran’s US citizenship status.

7. Proof of service member/ veteran’s military or veteran status (copy of their common access card, orders, DD-214, veteran benefits award letter, etc.)

8. Form I-130 approval notice and/or proof of legitimacy of the relationship.

9. Fingerprint records, police clearance records, and criminal court dispositions, if relevant.

10. Two passport-style photos.

11. Any evidence that would warrant a positive exercise of discretion by USCIS.

A completed packet is mailed to the immigrant’s local USCIS Field Office. The mailing label should be made out to that office’s military PIP Officer. No filing fees are required. In about 3-4 weeks you should receive a receipt for the Form I-131 and a biometrics appointment notice later on.

Then you wait, and wait, and wait some more. You check the online system, and with the field office, but hear nothing. Hopefully in about 4-12 months, you receive a call or letter requesting the immigrant appear for an “interview.” During this interview, the immigrant’s identity is confirmed, some questions might be asked about details submitted on the form, and then an I-94 card is issued, granting parole for one year. The immigrant is now eligible to apply for adjustment of status.

Some common wrinkles in these cases are as follows:

1. What if the immigrant was in immigration court proceedings and has a removal order?

I have never seen PIP granted by ICE or EOIR. The procedure is to have a complete PIP packet and an approved I-130 and adjustment packet ready. Present the documents to the Office of the Principal Advisor requesting a Joint Motion to Reopen and Terminate the case. Since neither ICE nor EOIR can adjudicate the PIP (it is a USCIS benefit), typically, they are amenable to granting the Motion to Terminate so that jurisdiction can be vested with USCIS, who can then grant the PIP and then the adjustment of status.

If the immigrant is currently in proceedings, then you would do the same but request termination to pursue the case before USCIS.

2. What if the service member is 17 years old?

Military service members often get married young. More typically, when a service member is applying for their parents, they might be under 21 years old. The point is, the I-130 is not ready to be filed. In this case, assuming there are no other bars, USCIS has historically been amenable to granting the PIP, which can also be used to apply for a work permit, until the service member is of age.

3. What if the immigrant has a permanent bar?

This is trickier. Under the Obama Administration, PIP would be renewed, and work permits granted. Under the Trump Administration, a clear path to adjustment seems to be required before USCIS will grant PIP. It would be valuable to check with local practitioners to check local Field Office’s practices. I am hopeful that the Biden Administration will revisit this practice and go back to granting PIP liberally.

4. What if the immigrant has criminal issues?

That depends on the crime. It is possible to overcome criminal issues in the granting of the PIP, but there is no guarantee that it won’t come up at the adjustment stage. It is helpful to include evidence of all positive factors, as you would for any discretionary benefit, to counterbalance the negative factors.

As of the writing of this article, PIP is still available. I am hopeful that the Biden Administration will bring about more permanent solutions for the military service members’ families. Even the Senate has been attempting more permanent solutions. Senator Tammy Duckworth, a veteran herself, introduced the Military Family Parole in Place Act (S. 2797), which was referred to the Committee of the Judiciary on November 06, 2019. To date, nothing further has been done but I am hopeful that this will change in the near future.

About the Author

Sonia S. Figueroa is the principal at SSFL Law, APC, in Los Angeles, CA and a former USCIS Field Office Adjudicator and a Veteran of the U.S. Army. Her practice focuses on humanitarian visas, VAWA petitions, asylum, family adjustment, U.S. citizenship, and removal defense. Sonia has incorporated pro bono work into her practice by taking cases from organizations such as the AILA Military Assistance Program and the Coalition Against Slavery and Trafficking. She has also spoken on various panels and conferences in the community. Sonia is a recipient of the Public Service Award from the Korean American Bar Association and named a Pro Bono Guardian by AILA.

References/Further Reading

AFM Chapters 21.1 and 40.6 (AFM Update AD 12-30) Although the Adjudicator’s Field Manual has been superseded by the Policy Manual, as of the writing of this article, the policy manual references the AFM for this section.

PM-602-0091, “Parole of Spouses, Children and Parents of ActiveDuty Members of the U.S. Armed Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve and the Effect of Parole on Inadmissibility under Immigration and Nationality Act § 212(a)(6)(A) (i),” USCIS Policy Memorandum dated November 15, 2013.

Stock, Margaret D., “Parole in Place for Military Families” Immigration Practice Pointers (2011-12 Edition), American Immigration Lawyers Association Publications, pages 603-611.

Stock, Margaret D., Immigration Law & the Military, 2nd Ed., American Immigration Lawyers Association Publications, May 2015.

This is not individual legal guidance. Consult with an attorney for your case.

See: https://www.youtube.com/watch?v=z8Tx-wsB4_w