Parole in Place
United States Citizenship and Immigration Services may grant parole for humanitarian reasons or significant public benefit. INA §212(d)(5)(A). Although parole is most frequently used to permit a person outside of the United States to enter temporarily for humanitarian reasons, parole may also be granted to persons already in the United States.
Known as parole in place, this procedure allows a person to be granted parole without leaving the United States and therefore without triggering any bar for unlawful presence under INA §212(a)(9)(B).
Generally parole in place is granted only in very unique situations. However, the fact that an individual is a spouse, child, or parent of an Active Duty member of the U.S. Armed Forces or Selected Reserve or has previously served in the U.S. Armed Forces or Selected Reserve ordinarily weighs heavily in favor of parole in place.
Once a person has been granted parole in place, that person is eligible to apply for adjustment of status under INA §245(a) which specifically allows adjustment for persons who were inspected and admitted or paroled into the United States. Inadmissibility under INA §212(a)(6)(A)(i) is no longer applicable because the person is no longer present without being admitted or paroled.
On November 15, 2013 the Obama administration released a Policy Memorandum clarifying the use of parole in place and seeking to build conformity from one USCIS office to another. This program is extremely important to help the family of members of the Armed Service obtain lawful immigration status.
MyRights Immigration Law Firm has successfully obtained parole in place for many family members of Armed Service men and women and subsequently helped those family members obtain lawful permanent residence. Please schedule an appointment to discuss your individual case with one of our immigration attorneys.