Immigration Corner


By Raul Ray, Esq.

On 11/15/2013, President Obama exercised his executive action to introduce Parole in Place, (PIP) for undocumented immigrants who are relatives of U.S. military personnel.

The objective of this program is to assist members of the U.S. Armed Forces in securing permanent resident status in the United States for their family members who entered the U.S. without inspection and who qualify as immediate relatives such as a spouse, unmarried child under 21 years old or parent of the U.S. Armed Forces member.

Parole in Place is a type of permission to be in the United States legally for a period of one year with a chance to renew before expiration.  It works to remove the immigration problem of illegal entry and presence in the USA that generally prevents undocumented immigrants from applying for a green card.

However, the United States Citizenship and Immigration Service’s, (USCIS), grant of Parole in Place is discretionary which means it will be up to the individual USCIS officer to consider all evidence including any adverse factors, like criminal convictions, before making a final decision.

Which U.S. Military Personnel may petition for undocumented family members? •Those serving in active duty in the

U.S. Armed Forces,

•Those serving in the Selected

Reserve of the Ready Reserve,

•Those previously served in the U.S. Armed Forces,

•Those previously served in the

Selected Reserve of the Ready Reserve.

Which family members are eligible for parole in place and adjustment of status?

• Immediate relatives who entered the U.S. without inspection and are still present in the U.S.  Spouses, unmarried children under 21 years old and parents are considered  immediate family members.

• Relatives who do not qualify as “immediate” and who can prove a continuously lawful status since entry into the U.S.

What are the documentary requirements for Parole in Place?

To request parole in place, the undocumented immigrant must submit the following documents to the director of the USCIS office with jurisdiction over the undocumented immigrant’s place of residence:

(1) Completed Form I-131, Application for Travel Document •Form I-131 may be filed without fee, per 8 CFR 103.7(d);

(2) Evidence of the family relationship;

(3) Evidence that the undocumented immigrant’s family member is an Active Duty member of the U.S. Armed Forces, or in the Selected Reserve of the Ready Reserve or an individual who previously served in the U.S. Armed Forces or the Selected Reserve or the Ready Reserve such as a photocopy of both the front and back of the service member’s military identification card (DD Form 1173);

(4) Two identical, color, passport style photographs; and

(5) Evidence of any additional favorable discretionary factors that the requestor wishes considered.

If you would like to know if you are eligible to apply for Military Parole in Place, contact an experienced immigration attorney knowledgeable with the requirements of Military Parole in Place.

For more information please feel free to contact Raul Ray, Attorney at Law, at Law Offices of Raul Ray, (408)279-5793, 1671 The Alameda, Suite 200, San Jose, CA  95126.  Email: