USCIS recognizes the sacrifices made by U.S. service members, veterans, enlistees, and their families. To support military families, USCIS may offer certain discretionary protections on a case-by-case basis, including Parole in Place (PIP) and Deferred Action.
You may be eligible for Military Parole in Place if you are:
An active-duty member of the U.S. Armed Forces
A member of the Selected Reserve of the Ready Reserve
A veteran (living or deceased) who previously served on active duty or in the Selected Reserve and was not dishonorably discharged
Or if you are the:
Spouse
Widow(er)
Parent
Son or daughter
of one of the service members listed above.
Who Qualifies for PIP?
Parole in Place is generally available to individuals who:
Are currently in the United States
Entered without inspection (present without admission)
Are considered applicants for admission
If you were lawfully admitted but overstayed your visa, you typically are not eligible for Parole in Place because you are not considered an applicant for admission. However, you may qualify for Deferred Action instead.
Parole in Place can be especially important because it may help certain individuals become eligible to apply for Adjustment of Status without leaving the United States.
Deferred Action is a form of prosecutorial discretion that temporarily delays removal (deportation).
If Deferred Action is granted:
You are considered lawfully present during the approved period
It does not grant lawful immigration status
It does not erase past unlawful presence
DHS may terminate it at any time
You may apply for employment authorization during the deferred period if you demonstrate economic necessity.
Who May Qualify?
You may be eligible for Deferred Action (generally up to 2 years at a time) if you are the:
Spouse
Widow(er)
Parent
Son or daughter
of:
An active-duty service member
A member of the Selected Reserve of the Ready Reserve
A veteran who previously served and was not dishonorably discharged
Because these protections are discretionary and evaluated individually, careful preparation and documentation are essential when applying.
No. PIP does not grant lawful permanent residence or citizenship. However, it may allow you to apply for Adjustment of Status if you otherwise qualify.
In many cases, yes. If you are the immediate relative of a U.S. citizen service member and otherwise eligible, PIP may allow you to apply for a green card without leaving the United States.
If you were lawfully admitted and overstayed, you are generally not eligible for Parole in Place. However, you may qualify for Deferred Action depending on your situation.
Eligible family members may include:
Spouse
Widow(er)
Parent
Son or daughter
of an active-duty service member, selected reserve member, or qualifying veteran.
Certain surviving family members of qualifying veterans may still be eligible. Each case must be reviewed individually.
While PIP is designed to protect qualifying military families, every case carries some level of risk. A thorough legal review is important before applying.
Not sure how this applies to your situation? Our team has the knowledge and experience to help. Complete our Immigration Intake form or call our office at 757-422-8472 to schedule a consultation and learn more.
