What is the DHS Parole in Place Policy?

Posted by Matthew Green | Feb 10, 2014 | 0 Comments

Parole in Place is a policy that allows immediate relatives of active duty military servicemen and women to remain in the U.S. Once being granted this relief, the spouse may then be eligible to file for adjustment of status from within the U.S. If approved, he or she would likely become a lawful permanent resident.

A Policy Memorandum was issued by the U.S. Department of Homeland Security on November 15, 2013. The subject of the memo was described as “Parole of Spouses, Children and Parents of Active Duty 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).” You can read the full Policy Memorandum here.

It is important to understand that this is not a new program. Parole in Place has been in existence for years and this recent policy memorandum is simply clarifying the existing procedure. Under the law, the Executive Branch of the government may issue paroles in place and other forms of immigration paroles. These types of paroles permit certain undocumented relatives of U.S. military members and veterans to stay in the U.S. lawfully while they actively pursue green cards.

This recent Policy Memorandum was meant to confirm that existing law is being consistently administered throughout the country. USCIS employees were not given the proper guidance regarding the law and therefore were not applying the Parole in Place with uniformity. It seemed that determining what family members were eligible under the policy was the primary concern.

This type of confusion undoubtedly led to errors. Fortunately, the November Policy Memorandum was offered to clear up these misunderstandings and hopefully decrease USCIS employee mistakes.

In addition, this memo acknowledges the value of the existing policy. The current state of our immigration system has led the military to suffer harm. Specifically, the memo states: “[o]ur veterans, who have served and sacrificed for our nation, can face stress and anxiety because of the immigration status of their family members in the United States. We as a nation have made a commitment to our veterans, to support and care for them. It is a commitment that begins at enlistment, and continues as they become veterans.”

Military members and their families sacrifice a lot for our country and it is only right that they are granted this type of protection. It is our duty to offer relief to those in the military who are troubled by these types of immigration issues.

As an immigration attorney in Tucson, I have seen how crucial these types of policies are to the residents of Arizona. I have devoted my practice to the areas of criminal defense and immigration. These two areas often intersect and that is why it is important to work with an attorney who is skilled in both. Contact my office today for a consultation.

About the Author

Matthew Green

Managing Partner. Green | Evans-Schroeder (formerly Law Offices of Matthew H. Green) focuses on the aggressive defense of immigrants. A native of Arizona, Mr. Green understands the difficulties that immigrants and families of immigrants face when a loved one is charged with a crime. He knows how frightening it can be for some...


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