The United States immigration system provides options for family members of military personnel. The two primary options are Parole in Place and Deferred Action. Our Orange County immigration attorneys explain what these two options are and how they can help your family’s immigration status if you are part of the U.S. military.
What Is Parole in Place?
Parole in place allows the family of a military member to remain in the United States for a certain period of time if they entered without an immigration officer’s authorization. Since parole in place cases can vary, requests are granted on a case-by-case basis for humanitarian reasons or significant public benefit.
Obtaining parole in place can be beneficial since it will prevent an unauthorized immigrant from accruing unlawful presence in the U.S. The individual may also apply for a work permit and could help them qualify for a green card.
To qualify for parole in place of one-year increments, you must be the spouse, widow(er), parent, son, or daughter of an active-duty member of the U.S. armed forces. You would also qualify if your family member was in the Selected Reserve, Ready Reserve, or a military veteran who served in active duty.
What Is Deferred Action?
Deferred action can prevent the deportation of the family member of military personnel for a certain period. If you or your family member is in the process of removal or deportation, and they don’t qualify for parole in place or lawful status, deferred action can help them remain in the U.S. Not only does a deferred action prevent deportation, but it also allows the individual to apply for a work permit if they need financial assistance.
To qualify for deferred action of one-year increments, you must be the spouse, widow(er), parent, son, or daughter of an active-duty member of the U.S. armed forces. You would also qualify if your family member was in the Selected Reserve of the Ready Reserve, or a military veteran who served in active duty. You may also be an enlistee in the Department of Defense Delayed Entry Program (DEP).
If you need legal guidance helping your loved one remain in the U.S., contact our Orange County immigration lawyers today at (949) 478-4963 to schedule a case review!