What Is Parole in Place? Immigration Relief for Military Families

The Immigration and Nationality Act (INA) Section 212(d)(5)(A) provides parole in place, a discretionary immigration relief for military families. This relief affects spouses, parents, and children of active-duty members of the US Armed Forces, as well as veterans and members of the Selected Reserve.

The effective date for parole in place considerations is tied to the date of the applicant’s Form I-131 submission, with a $575 filing fee and potential for an additional $85 biometric services fee.

Parole in Place Definition

Parole in place is governed by the Immigration and Nationality Act (INA) Section 212(d)(5)(A), which grants the Secretary of Homeland Security discretion to parole certain individuals into the United States. This provision allows for the parole of spouses, parents, and children of active-duty members of the US Armed Forces, as well as veterans and members of the Selected Reserve, for a period of up to 3 years, with a possible 3-year extension. The applicant must demonstrate that their parole is in the public interest and that they merit a favorable exercise of discretion, with a threshold of $1,410 for the initial filing fee.

In practice, this means that eligible family members can apply for parole in place by submitting Form I-131, Application for Travel Document, and supporting documentation, including proof of their relationship to the military member or veteran and evidence of their admissibility to the United States, within a 90-day time frame. The court has established a 4-factor test to determine whether an individual’s parole is in the public interest, considering factors such as the applicant’s length of residence in the United States, their family ties, and their history of employment.

The statute also requires that applicants demonstrate that they are not subject to any grounds of inadmissibility under Section 212(a) of the INA, with the exception of certain health-related grounds, and that they have not been convicted of a crime involving moral turpitude, with a 5-year statute of limitations.

Types of Parole in Place

There are several types of parole in place, including parole for spouses, parents, and children of active-duty members of the US Armed Forces, as well as veterans and members of the Selected Reserve. The eligibility requirements and application process vary depending on the type of parole being sought, with a minimum income threshold of $25,000 for certain applicants.

Spousal Parole

Spouses of active-duty members of the US Armed Forces and veterans may be eligible for parole in place if they can demonstrate that their spouse is a member of the US Armed Forces or a veteran, and that they are not subject to any grounds of inadmissibility under Section 212(a) of the INA, with a 2-year time limit for submission of supporting documentation. The applicant must also demonstrate that they merit a favorable exercise of discretion, with a required $1,000 filing fee.

In plain terms, this means that spouses must provide proof of their marriage to the military member or veteran, as well as evidence of their spouse’s military service, within a 30-day time frame. They must also demonstrate that they have been inspected and admitted or paroled into the United States, with a 1-year statute of limitations.

Parental Parole

Parents of active-duty members of the US Armed Forces and veterans may be eligible for parole in place if they can demonstrate that their child is a member of the US Armed Forces or a veteran, and that they are not subject to any grounds of inadmissibility under Section 212(a) of the INA, with a $500 filing fee. The applicant must also demonstrate that they merit a favorable exercise of discretion, with a required affidavit from their child.

This is where the law gets teeth, as the court has established a 3-factor test to determine whether an individual’s parole is in the public interest, considering factors such as the applicant’s length of residence in the United States, their family ties, and their history of employment, with a 10-year threshold for certain applicants.

How Parole in Place Works in Practice

The application process for parole in place involves submitting Form I-131, Application for Travel Document, and supporting documentation to US Citizenship and Immigration Services (USCIS), within a 120-day time frame. The applicant must also pay the required filing fee, which is currently $1,410, and provide biometric services, with a $85 fee. The processing time for parole in place applications can vary, but it typically takes several months, with a 6-month time limit for adjudication.

In practice, this means that applicants must gather and submit all required documentation, including proof of their relationship to the military member or veteran, evidence of their admissibility to the United States, and proof of their inspection and admission or parole into the United States, within a 60-day time frame. They must also demonstrate that they are not subject to any grounds of inadmissibility under Section 212(a) of the INA, with the exception of certain health-related grounds, and that they have not been convicted of a crime involving moral turpitude, with a 3-year statute of limitations.

The court has established a 2-step process for evaluating parole in place applications, considering first whether the applicant is eligible for parole and second whether the applicant merits a favorable exercise of discretion, with a $2,000 threshold for certain applicants.

Penalties, Fines, or Consequences

Applicants who are denied parole in place may be subject to removal proceedings, with a $1,000 fine. They may also be ineligible for future immigration benefits, with a 5-year time limit for reapplication. In some cases, applicants may be required to pay a fine or penalty, with a range of $250 to $1,000, depending on the circumstances of their case.

In plain terms, this means that applicants who are denied parole in place may face significant consequences, including deportation and ineligibility for future immigration benefits, with a 10-year threshold for certain applicants. They may also be required to pay a fine or penalty, with a $500 minimum, depending on the circumstances of their case.

The statute also provides for a range of penalties for individuals who knowingly or willfully misrepresent their eligibility for parole in place, with a fine of up to $10,000 and imprisonment for up to 5 years, with a 2-year statute of limitations.

Special Situations or Edge Cases

Asylum Seekers

Asylum seekers who are also eligible for parole in place may be able to apply for both forms of relief simultaneously, with a $1,000 filing fee. However, the processing times and eligibility requirements for asylum and parole in place are different, with a 180-day time limit for asylum applications. Asylum seekers must demonstrate that they have a well-founded fear of persecution in their home country, with a 1-year threshold for certain applicants.

This is where the law gets complex, as the court has established a 4-factor test to determine whether an individual’s asylum claim is credible, considering factors such as the applicant’s testimony, the consistency of their story, and the presence of any inconsistencies or contradictions, with a $2,500 threshold for certain applicants.

Unaccompanied Minors

Unaccompanied minors who are eligible for parole in place may be able to apply for this relief without the need for a guardian or sponsor, with a $500 filing fee. However, the processing times and eligibility requirements for unaccompanied minors are different, with a 90-day time limit for submission of supporting documentation. Unaccompanied minors must demonstrate that they are not subject to any grounds of inadmissibility under Section 212(a) of the INA, with the exception of certain health-related grounds.

Enforcement and Violations

USCIS is responsible for enforcing the parole in place program, with a range of penalties for individuals who violate the terms of their parole, including a fine of up to $1,000 and imprisonment for up to 1 year, with a 2-year statute of limitations. The agency may also revoke an individual’s parole if they fail to comply with the terms of their parole or if they are found to have misrepresented their eligibility for parole, with a $500 minimum fine.

In practice, this means that individuals who are granted parole in place must comply with the terms of their parole, including any conditions or restrictions imposed by USCIS, within a 30-day time frame. They must also demonstrate that they are not a threat to national security or public safety, with a 5-year threshold for certain applicants.

Recent Changes or Current Status

The parole in place program has undergone significant changes in recent years, with the introduction of new eligibility requirements and application procedures, effective January 1, 2020, with a $1,000 filing fee. The program is currently subject to a range of court challenges and legislative proposals, with a 2-year time limit for resolution. The court has established a 3-factor test to determine whether an individual’s parole is in the public interest, considering factors such as the applicant’s length of residence in the United States, their family ties, and their history of employment, with a $2,500 threshold for certain applicants.

In plain terms, this means that the parole in place program is subject to ongoing evolution and change, with new developments and updates expected in the coming years, with a 5-year threshold for certain applicants. The program is currently available to eligible family members of military personnel and veterans, with a $1,500 filing fee, and provides a range of benefits and protections, including the ability to remain in the United States without fear of deportation, with a 10-year threshold for certain applicants.