Questions & Answers
What is parole in place for military families?
Under Section 212(d)(5)(A) of the Immigration and Nationality Act, the United States government is authorized to grant parole in place on an individualized basis for urgent humanitarian reasons or for reasons that confer significant public benefit. The government, in exercising that authority, has created a pathway to such parole for certain relatives of qualifying military service members.
The categories of military service members that qualify their family members for parole in place are:
- Active-duty members of the U.S. armed forces;
- Individuals in the Selected Reserve of the Ready Reserve; or
- Individuals who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and were not dishonorably discharged.
If you are in one of these categories, the following family members are potentially eligible for parole in place:
- Spouses;
- Widow(er)s;
- Parents; and
- Children.
However, these family members are only eligible for parole in place if they are present in the U.S. without admission, meaning they are deemed to be applicants for admission. This generally means that the family member must have entered the country without inspection and admission or parole. If your family member was previously admitted to the United States but then overstayed their authorized period of admission, they are not eligible for parole in place as they are not deemed to be applicants for admission. They may be eligible for deferred action, however—a separate but less generous program.
What does parole in place do? Why is it helpful?
Parole is considered to be a lawful immigration status for purposes of applying for Adjustment of Status, the legal mechanism by which individuals already in the United States are able to apply for Lawful Permanent Resident status. If parole in place is given, your family member will:
- not accrue unlawful presence during the period parole is granted;
- be able to apply for a work permit for the period parole is granted; and
- be able to apply for immigration benefits or statuses that require a lawful entry as a precondition, including Lawful Permanent Resident status.
Parole in place does not resolve any other issue that makes a person "inadmissible."
What is needed to apply for parole in place? How will Legal Aid Center of Southern Nevada help with the application?
An application for parole in place typically requires the following components:
- Completed Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records;
- Evidence of the family relationship to the qualifying service member (such as a marriage certificate, documentation of termination of previous marriage, child’s birth certificate, the service member's birth certificate listing the name(s) of the parent(s), or proof of enrollment in the Defense Enrollment Eligibility Reporting System);
- Evidence of the qualifying service member’s relationship to the U.S. military (such as a photocopy of the front and back of the service member's military ID card or DD Form 214);
- Two (2) identical and color passport-style photographs; and
- Evidence of any favorable discretionary factors that you would like the government to consider, for example:
- Presence of other U.S. citizens or Lawful Permanent Residents in the family who would benefit from the family member receiving parole and a pathway to Lawful Permanent Resident status;
- Proof of tax payment by the qualifying service member and family member applicant;
- Proof that the qualifying family member has good moral character, such as evidence that they have no criminal record;
- Proof of positive community involvement or impact on the part of the family member applicant, etc.
NOTE: If the family member applicant is the parent of a qualifying service member, the application also requires evidence that the service member supports the parent’s application for parole in place.
For those determined to be eligible to apply, Legal Aid Center of Southern Nevada will assist in the preparation and submission of the application for parole in place at no cost.
Are there any reasons my family member should not apply for parole in place?
The grant of parole in place is discretionary, meaning that the qualifying service and qualifying relationship are not sufficient on their own to get an approval. Particular concerns are:
- Any criminal records, such as arrests, charges, or convictions;
- Any prior immigration violations, such as a pattern of unlawful entries or unauthorized entries after a previous deportation or removal;
- Fraud or misrepresentation, such as providing false documents, names, or information to government officials; and/or
- False claims to United States citizen status.
Any adverse facts like this should be disclosed in advance in order to ensure that the application can properly be screened for risk. An application that is denied runs the risk of the applicant being referred to removal proceedings. If you are unsure of the family member’s background or additional information is needed to screen the case, Legal Aid Center may potentially assist in filing a Freedom of Information Act (FOIA) request for any files in the government’s possession.
What costs are associated with an application for parole in place?
There is no filing fee for the I-131 for parole in place applications. Legal Aid Center will not charge for its services.
There is a small cost for the two passport-style photographs, which can be obtained at establishments like CVS, Walgreens, Fingerprint Pros, and so on. For reference, the cost for the two photographs is a total of $8 at Fingerprint Pros. If a FOIA request is necessary, there may be a need to pay for fingerprinting to facilitate the request. For reference, fingerprinting costs $15 at Fingerprint Pros.
If my family member gets parole in place, what happens next? Can I apply for Lawful Permanent Resident status for them?
We recommend speaking with an immigration attorney regarding eligibility for adjustment of status. You can contact our Immigration Advocacy Project by phone at 702-386-1070 (option 4) or email
