“Parole in Place” – Revival of Discretionary Options for Military Members and their Families by the Biden Administration

Parole in Place

Parole in Place, also known as “PIP” is an immigration benefit, which allows certain immigrants who entered the United States unlawfully to apply for a Green Card, employment authorization (EAD), and/or to acquire lawful status based on their familial relationship with a U.S. military member. It is an exceptional immigration benefit which creates a pathway to obtaining a Green Card for spouses, parents, sons, and daughters of U.S. military members and veterans to whom such lawful status would otherwise be unavailable.

PIP is granted on a case-by-case basis for urgent humanitarian reasons or significant public benefits, such as unification of military families. For that reason, having competent representation is crucial for those seeking status through Parole in Place Filings. PIP is available to all individuals who have a qualifying family member engaged in active U.S. military service or whom is a veteran, regardless of whether they have had prior contact with Immigration and Customs Enforcement (ICE).

Parole in Place was instituted in 2013 in honor of the important sacrifices made by U.S. service members, veterans, and enlistees. However, its power has been significantly curbed since 2017 by the Trump Administration. Several executive orders have undermined the full extent of Parole in Place benefits and the approval rate has significantly decreased over the past 3 years. However, the most recent political development is a positive one for PIP-seekers.

The Biden Administration has already announced their intent to reverse Trump’s immigration restrictions and to reestablish prior more lenient immigration policies. In addition, Congress has already instructed United States Citizenship and Immigration Services (USCIS) in its National Defense Authorization Act for 2020 to consider on a case-by-case basis whether granting the requests of military families for family unity would constitute a significant public benefit. This is in stark contrast with Trump’s parole denial policy.

To determine whether you are PIP eligible, and for complete details on how to request this immigration benefit, please schedule a consultation with Tourzani Law Group, LLC at 201-987-0036.