New York Military Parole Lawyer
Helping the families of U.S. service members and veterans stay together through Military Parole in Place
Military families face a hard choice when a spouse, parent, or child entered the United States without inspection. Leaving the country to process a green card abroad can trigger a 3- or 10-year bar to returning, while staying means living without status. Military Parole in Place (PIP) exists to solve that problem. At Zavala Law Firm, PLLC, attorney Eliud Zavala helps the families of active duty service members, reservists, and veterans in New York City, the five boroughs, and New Jersey request parole in place and move on to permanent residence, in English or Spanish.
What Military Parole in Place Does
Parole in place is a discretionary grant of parole under INA § 212(d)(5)(A) for a family member who is already in the United States but entered without being inspected. USCIS decides each request case by case, and a family member’s military service ordinarily weighs heavily in favor of approval when there are no criminal convictions or other serious negative factors.
An approved request:
- Counts as being “inspected and paroled,” which is a requirement to apply for a green card from inside the United States (adjustment of status under INA § 245(a)).
- Stops the family member from accruing unlawful presence while the parole is valid. It does not erase unlawful presence from before.
- Allows the family member to apply for a work permit with Form I-765.
- Is usually granted in one-year periods, and can be extended by requesting parole again.
Parole in place is not a green card on its own and does not waive other grounds of inadmissibility. It is usually the first step in a longer process, which is why the strategy matters from the start.
Who May Qualify
The request is based on the family member’s relationship to a qualifying service member or veteran:
- Qualifying service members and veterans: active duty members of the U.S. Armed Forces, members of the Selected Reserve of the Ready Reserve, and veterans, living or deceased, who served on active duty or in the Selected Reserve and were not dishonorably discharged.
- Qualifying family members: spouses, widows and widowers, parents, and sons and daughters.
Eligibility depends on the details: how and when the family member entered, any immigration or criminal history, and the service member’s status. For a full breakdown of the requirements, including who does not qualify, see our guide to who qualifies for Military Parole in Place in New York.
Why It Matters Most for Families of U.S. Citizen Service Members
Parole in place works best when the service member or veteran is a U.S. citizen. Spouses, parents, and unmarried children under 21 of U.S. citizens are “immediate relatives,” and immediate relatives are not blocked from adjusting status by past unlawful presence or unauthorized work. Once parole in place is approved, many of these families can apply for a green card without the family member ever leaving the country.
When the service member is a lawful permanent resident rather than a citizen, the family member may still face obstacles from past unlawful status even after parole is granted. In those cases we review the full picture, including whether the service member is eligible to naturalize first, before recommending a filing strategy.
How We Handle Your Military Parole in Place Request
- Eligibility review. We confirm the service member’s status, the family relationship, how the family member entered the United States, and any criminal or immigration history that could affect a discretionary decision.
- Evidence gathering. We build a complete file so USCIS has what it needs to approve the request the first time.
- Preparing the request. We prepare Form I-131, the supporting declarations, and a cover letter that presents the family’s military service and circumstances clearly.
- Filing and follow-up. We file with the USCIS office that has jurisdiction over the family member’s home and handle any request for evidence or interview.
- The next step. Once parole is approved, we help with the work permit and, where eligible, the family petition (Form I-130) and green card application (Form I-485). If the parole period is running out before the green card is approved, we request parole again.
Documents You Will Usually Need
- Proof of the family relationship, such as a marriage certificate (and any prior divorce decrees) or birth certificates
- Proof of the service member’s status, such as a military ID, current orders, or a DD-214 for veterans
- Identification for the family member and two passport-style photos
- A statement explaining how and when the family member entered the United States
- A statement from the service member explaining the hardship separation would cause
- Certified English translations of any documents in another language
Every case is different, and we may recommend additional evidence of good character or family circumstances.
Other Options for Military Families
Parole in place is not the right fit for every family. A family member who entered with a visa, for example, may not need parole at all and may be able to apply for a green card directly through a family-based petition. USCIS also offers other discretionary options for military members, enlistees, and their families, such as deferred action in certain situations, and service members themselves may qualify for special military provisions for citizenship through naturalization. We look at every available path before recommending one.
Military Parole in Place: Common Questions
Is parole in place the same as a green card?
No. Parole in place is temporary permission to remain in the United States, usually granted for one year at a time. For many families it is what makes a green card application possible from inside the country.
Can the family of a veteran qualify?
Yes. Family members of veterans who served on active duty or in the Selected Reserve and were not dishonorably discharged may qualify, including when the veteran has passed away.
Does a criminal record make someone ineligible?
Not automatically, but because parole in place is discretionary, criminal convictions and other serious negative factors can lead to a denial. Talk to an attorney before filing if there is any arrest or conviction in the family member’s history.
What if the family member entered the United States with a visa?
Parole in place is meant for people who entered without inspection. Someone who entered with a visa or was inspected at the border may already be able to apply for a green card through the service member, depending on their situation.
Talk to a New York Military Parole Lawyer
Zavala Law Firm, PLLC represents military families throughout New York City, the five boroughs, and New Jersey. Call (718) 717-7989 or visit our contact page to schedule a consultation in English or Spanish.
We Provide Counseling and Representation For:
- Military Parole in Place
- Deferred Action and DACA
- TPS