Perhaps one of the biggest flaws with our current immigration system is how complex it can be to apply for adjustment of status. Currently, most immigrants who are not lawfully in the United States cannot obtain permanent residency unless they return to their home country. However, their previous unlawful presence in the U.S. will typically result in a 3 to 10 year bar, preventing these individuals from returning to the U.S. for quite some time.
There Are Options for Military Families
Although the rules discussed above will apply to most immigrants, military families have the option to adjust status through the Parole in Place policy. Essentially, this policy will waive two grounds of inadmissibility for the immediate family of a U.S. citizen who is a current or past U.S. military member.
Under the Parole in Place policy, the following conditions do NOT need to be met:
- Foreign National must be admitted or paroled into the U.S.
- Foreign National must arrive at a time and place designated by the Secretary of Homeland Security
This means that the immediate family of current or former U.S. Armed Forces members do NOT need to return to their home country to file for a green card, regardless of whether or not they are lawfully in the U.S.
Who Qualifies for Parole in Place?
As previously mentioned, only the immediate family of an active or former member of the U.S. Armed Forces may qualify for Parole in Place. For immigration purposes, immediate family includes the following:
- Spouses
- Parents
- Unmarried children under 21 years old
It’s important to remember that Parole in Place is not guaranteed – instead it is granted on a discretionary basis. This means that if the party applying for Parole in Place has a criminal conviction or any other serious adverse factor in their past, the application will likely be denied.
Call (512) 253-4202 for Experienced Guidance
At Salas Law, our experienced Williamson County immigration attorneys are well-versed with Parole in Place and other adjustment of status matters. No matter how complex your immigration issues may seem, you can trust us to provide a high standard of knowledgeable counsel at all times when you retain our firm.
Our attorneys can help guide you through any immigration matter. Call (512) 253-4202 to learn how we can help in your case.