Parole in place and deferred action are two ways that immediate family members of U.S. armed forces members, veterans, or enlistees may remain in the United States for a period of time. This is a discretionary decision made by USCIS in order to support these individuals who make important sacrifices for the United States.
Parole in Place
If you are the immediate family of a U.S. armed forces member, veteran, or enlistee, you may be granted parole in place to remain lawfully present in the U.S. with your family member. Parole in place is granted in 1-year increments.
Parole in place enables recipients to work and obtain a driver’s license and may even enable you to qualify for adjustment of your status to a legal permanent resident, also known as a green card.
If you have remained in the U.S. for an amount of time beyond your period of authorized stay, you do not qualify for parole in place. This is because you are considered inadmissible to the U.S. However, you may be eligible for deferred action if this is your situation.
Deferred action will delay the removal, or deportation, of an individual for a specified period of time. It is generally granted in 2-year increments for immediate family members of U.S. armed forces members, veterans, or enlistees. During the period of time granted, you are considered to have a lawful presence in the United States, though this lawful presence is not equal to lawful status.
If you are granted deferred action, you are not eligible for adjustment of status, as parole in place may qualify you, but you may be eligible for employment authorization if you can prove an economic need to be employed.
Just as deferred action is granted in a discretionary manner, the Department of Homeland Security may also terminate your deferred action at any time, at its discretion. It should also be noted that while you have a lawful presence during the period of time you have been granted deferred action, this does not mean that periods of unlawful presence in the U.S., whether in the past or future, will be excused.
Depending on your status of lawful presence in the U.S., you may be eligible for parole in place or for deferred action if you are the spouse, son or daughter, parent, or widow(er) of either:
- An active-duty member of the U.S. armed forces;
- An individual of the Selected Reserve of the Ready Reserve; or
- An individual (still living or deceased) who formerly served in the armed forces of the Selected Reserve of the Ready Reserve and was not dishonorably discharged
How We Can Help
Youngblood & Associates can help to determine if you are in a qualifying relationship to a military member, then whether you are eligible to request parole in place or deferred action. Our experienced legal team will then assist and represent you throughout the process of applying, ensuring that you remain on track with all requirements and deadlines.
Not sure what you need?
Call our office today at 931-274-7811 to schedule your consultation or complete a service inquiry form to get your process started today.