The U.S. Department of Homeland Security (“DHS”) authorizes parole-in-place for foreign nationals related to a person actively serving, or who previously served, in the U.S. military or the Selected Reserve of the Ready Reserve. The parole-in-place program applies to a service member’s spouse, children, and parents, who entered the United States without inspection by Customs and Border Protection. If USCIS approves a parole application, USCIS may approve parole for one year.
How Can Military Parole-In-Place Benefit a Family?
Pursuant to INA § 212(a)(6)(A)(i), any foreign national present in the U.S. without admission or parole or who enters the U.S. at a location other than a place designated by DHS is inadmissible. Inspection or parole generally means that a Customs and Border Protection officer reviewed a person’s passport and approved a person’s entry at a border checkpoint or airport. Lacking admission or parole can prevent a foreign national from obtaining permanent residency through status adjustment (I-485 Form). If USCIS approves a parole application, the approved parole will satisfy one legal basis for adjustment under INA § 245(a). Depending upon the circumstances, parole may not satisfy all INA § 245(a) adjustment criteria. Similarly, other INA § 212(a) inadmissibility bars may prohibit USCIS from granting permanent resident status even after receiving parole-in-place.