• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Social

  • Past Blog Posts

There are good changes on the horizon for Immigration Reform 2014

Immigration reform in 2014 has been issued. There are several items to Parole that are different, expanded and easier to get than in the past. Brian D. Lerner, immigration attorney explains that under immigration reform in 2014, first you would need to understand what exactly is ‘parole’ in order to have an appreciation of the differences.

 

At least three separate DHS memos address various aspects of “parole.” In the immigration context, parole refers to allowing an individual to temporarily enter the United States for purposes of significant public benefit or for humanitarian reasons without technically admitting the person into the country. Although parole is issued on a case-by-case basis, there is a long history of designated categories of individuals who may qualify for parole. “Advance parole” and “parole-in-place” are forms of parole. Advance parole refers to giving an individual currently residing in the United States in a temporary status permission to travel abroad for a short period and return to the United States without jeopardizing the existing status. Parole in-place is parole in which an individual who is already in the United States, but who is here without permission, is nonetheless granted parole without having to leave the country. Individuals granted parole—including advance parole and parole-in-place—may ultimately be able to gain lawful permanent status without leaving the United States, if they are otherwise eligible.

 

Brian D. Lerner states there are issues with this. For example, if somebody who might qualify under the immigration laws to adjust status in the U.S. – except for not being able to show legal entry, they might be able to use the parole. For example, they could qualify for DACA or DAPA under the immigration reform 2014, and because of that, they could apply for Advance Parole, leave the U.S. and then enter again legally. This legal entry would really be an admission to the U.S. states Brian Lerner. Because of that, the person could then adjust status in the U.S. assuming they have no other grounds of inadmissibility.

 

Here there is a specific change to immigration policy per the immigration reform 2014. Under direction from the Secretary of Homeland Security, DHS officials will be instructed to follow a 2012 immigration decision (Matter of Arrabally), finding that a lawfully present individual who travels abroad after a grant of advance parole does not trigger the three- or 10-year bars that ordinarily apply when a person departs the United States after residing here unlawfully for more than six months. Under this decision, individuals who would be eligible for LPR status but for the fact that their last entry into the United States was unlawful may be able to apply for permanent resident status upon their parole back into the United States. The new DHS instruction will ensure consistent application across the department. Assuming that this is actually followed, there will be consistency and a person leaving the U.S. under the immigration reform 2014, will be able to re-enter the U.S. without fear that they have just invoked the 3/10 year bar waiver. Brian Lerner states that prior to the immigration reform 2014, the adjudications of people re-entering the U.S. with the advance parole was inconsistent and different depending which officer you happened to get. Hopefully, this will end and there will be consistent adjudications.

 

Parole in Place adjudications has been expanded to include LPR relatives in the military as well as persons who intend to enter the military (not just personas already in the military.) Also, the Secretary of the Department of Homeland Security has stated that he would like USCIS to grant deferred action to persons who overstayed their visas and who have a relative who is a veteran. Thus, the immigration reform 2014 in fact has good news on the horizon for parole and should be used once the regulations are issued.

President Obama’s Immigration Reform also deals with Parole in Place for the military and inventors

At least three separate DHS memos address various aspects of “parole.” In the immigration context, parole refers to allowing an individual to temporarily enter the United States for purposes of significant public benefit or for humanitarian reasons without technically admitting the person into the country. President Obama’s immigration reform changes somewhat the policy.  Although parole is issued on a case-by-case basis, there is a long history of designated categories of

individuals who may qualify for parole.

 

“Advance parole” and “parole-in-place” are forms of parole explains Brian D. Lerner. Advance parole refers to giving an individual currently residing in the United States in a temporary status permission to travel abroadfor a short period and return to the United States without jeopardizing the existing status. President Obama’s immigration reform also deals with  Parole-in-place. This is a type of parole in which an individual who is already in the United States, but who is here without permission, is nonetheless granted parole without having to leave the country. Individuals granted parole—including advance parole and parole-in-place—may ultimately be able to gain lawful permanent status without leaving the United States, if they are otherwise eligible.

 

Thus, Brian Lerner states that the PIP – Parole in place will be somewhat expanded.  Parole in place to protect military families  is where it will be expanded under President Obama’s immigration reform. Secretary Johnson announced new policies to protect unauthorized families of the U.S. military and of those seeking to enlist. In November 2013, DHS issued guidance permitting parole-in-place for unauthorized family members of military personnel and veterans. The new guidance will expand the availability of parole-in-place, as well as deferred action, to family members of U.S. citizens and lawful permanent residents who seek to enlist in the U.S. Armed Forces. Under President Obama’s immigration reform, the Secretary also asked USCIS to consider granting deferred action to family members of current military personnel and veterans who have overstayed their visas.

 

A very interesting development according to Brian D. Lerner is that DHS officials will be instructed to follow a 2012 immigration decision (Matter of Arrabally), finding that a lawfully present individual who travels abroad after a grant of advance parole does not trigger the three- or 10-year bars that ordinarily apply when a person departs the United States after residing here unlawfully for more than six months. Under this decision, states Brian Lerner, individuals who would be eligible for LPR status but for the fact that their last entry into the United States was unlawful may be able to apply for permanent resident status upon their parole back into the United States. The new DHS instruction will ensure consistent application across the department. This might be a very good way for somebody to adjust status in the U.S. Brian Lerner explains that they could get the parole, come back into the U.S. and under certain circumstances adjust.

 

President Obama’s immigration reform also adds a completely new parole for investors, researchers, and founders of start-up enterprises. Brian Lerner states there are currently no new regulations on this, but USCIS has been directed to draft regulations for a new category of parole to enable certain inventors, researchers, and founders of start-up businesses to enter the United States before they become eligible for a visa. Parole would allow these individuals to temporarily pursue research and development of promising ideas and businesses in the United States, rather than abroad. Thus, President Obama’s immigration reform has lots of good news on Parole for differing categories of persons and hopefully will get the regulations issued soon

PIP: Video on Paroling in Place Video for Persons in Military

Parole in Place for Adjusting Status through someone in the Military

Parole in Place: How to adjust in the United States even if you don’t qualify

Question: I am married to a U.S. Citizen and I want to adjust to that of a Lawful Permanent Resident. What can I do?

Answer: Are you inside the U.S.?

Question: Yes.

Answer: Did you enter illegally?

Question: Yes?

Answer: Did you commit any crimes, any fraud or have you been issued any deportation orders?

Question: No.

Answer: Is your spouse in the military?

Question: Yes.

Answer: There is a possibility for the immediate family members of U.S. military personnel. Family members of U.S. military personnel often run afoul of our nation’s complex and dysfunctional immigration laws, and the particular burdens imposed on military personnel by their service makes resolving those problems even more difficult than solving similar problems for civilian clients. You may want to consider an application for one of the more common discretionary remedies, a form of immigration parole that is commonly called “parole in place”.

Question: What Is Parole in Place?

Answer: Parole in place (PIP) is a process by which USCIS assists family members of U.S. military personnel to become eligible to “adjust status” in the United States and thus become permanent residents of the United States. Under Immigration and Nationality Act (INA) Section 245(a), a person cannot adjust status unless he or she has been “admitted or paroled” into the United States. Usually, a person who has not been “admitted or paroled” into the United States cannot obtain lawful permanent residence unless he or she leave the United States and travels abroad to a U.S. consulate. If a person who has not been admitted or paroled into the United States leaves the United States and attempts to undergo consular processing, however, the person nearly always faces an inadmissibility bar that is triggered by departing the United States. Thus, the person cannot obtain his or her lawful permanent residence status easily through consular processing. PIP attempts to avoid the separation of military families by allowing some family members—in meritorious cases only—to adjust their status inside the United States and thereby avoid a lengthy separation that might harm the military member’s morale, readiness, or ability to complete his or her service. PIP is granted in order “to preserve family unity and address U.S. Department of Defense concerns regarding soldier safety and readiness for duty.” PIP is also a remedy that appeals to the views of Americans that in wartime, the government should provide special support to military families; when the availability of PIP was made public, 18 members of the House of Representatives, including nine Republicans, wrote to DHS to indicate their support for the program.
PIP is only available to persons who are present in the United States; it should not be confused with the “humanitarian parole” that is available to persons who are outside the United States.
Question: Who Should Request PIP?
Answer: Under current immigration law, no one who entered the United States without inspection can adjust status unless he or she falls into a category in which special rules apply (such special rules apply to asylees, Cubans, special immigrant juveniles, Violence Against Women Act petitioners, grandfathered aliens, and some others). A PIP request is often proper for immediate military family members who entered the United States without inspection, do not have an eligible visa petition or labor certification filed on or before April 30, 2001, and do not otherwise fall into a special adjustment category.

Question: What if the person requesting PIP is in Proceedings?

Answer: PIP is possible when a person is in removal proceedings. If a military family member is in removal proceedings and is granted PIP, an immigration judge (IJ) would be prevented from adjudicating a follow-on adjustment application. USCIS, however, does have jurisdiction to adjudicate an adjustment application in this situation. Family members in this situation may file a new adjustment application with USCIS—after the PIP is granted—and then request termination of proceedings without prejudice to allow them to pursue administrative remedies. Counsel may explain that whether or not the IJ terminates, the respondent will still be eligible to adjust status, and if the case is not terminated and the IJ proceeds, the IJ may be facing a future Motion to Reopen.
Question: Who Should NOT Request PIP?
Answer: A grant of PIP will not resolve immigration problems that involve issues other than ineligibility under INA §245(a). A grant of PIP will not, for example, lift a permanent bar for false claim to United States citizenship; work to waive a criminal ground of inadmissibility; relieve an immigrant of the consequences of a prior deportation or removal order; or allow an immigrant to adjust status when the immigrant needs a waiver of some other ground of inadmissibility. PIP only cures the problem that an immigrant cannot adjust status without showing that he or she has been “admitted or paroled.” PIP is not a magic solution to every immigration problem. It has very limited application to a specific set of circumstances when the military family member has not been admitted or paroled in a manner that allows adjustment under INA §245(a).

Requesting PIP may also not be advisable when there is no military-related reason to grant the PIP. For example, USCIS may determine not to grant PIP when the military member is about to be discharged from the military; when the military member is serving as an inactive Reserve member; or when a military member is stationed abroad (there, the family member’s presence in the United States is not necessary for a military-related reason).
A military family member also does not need PIP if the military family member was admitted lawfully but has no documentation of the entry.
Question: How Do I Request PIP?
Answer: The PIP program is new, and as of this writing, no formal regulatory guidance has been issued by DHS or USCIS. Practitioners report a variety of different approaches at different USCIS offices.

In most USCIS field offices, a PIP request consists of a hardship letter signed by the service member and supporting documentation, which should be submitted to the local USCIS office having jurisdiction over the service member’s residence or place of duty. An example of the list of requirements from the Los Angeles USCIS Office is reproduced in the Appendix.

The opening paragraph of the hardship letter should state that this is a request for a parole in place so that the particular military family member can file an Application to Register Permanent Residence or Adjust Status (I-485) while in the United States. The body of the letter should describe the circumstances that led the service member to join the armed forces. The letter should then describe the history of the military member’s relationship with the family member seeking PIP; establishing the bona fide nature of the relationship is extremely important, as USCIS is unlikely to grant PIP in any case in which there are indicators of marriage fraud. The family member’s immigration status should be discussed, including the status of any petitions filed for the family member, such as an I-130. The conditions of the family member’s home country at the time he or she came to the United States should be discussed. The current conditions may be mentioned if they are such that a return to the country would pose a danger to the family member’s health or safety. If applicable, the family member’s loss of Commissary and Post Exchange privileges, military housing, access to military family member health care, and assistance from the Family Readiness Group may be mentioned. Finally, the hardship the service member would experience if the family member were deported should be described in detail. If the service member or the service member’s children have special needs that make them especially dependent on the family member for support, these needs should be explained and supporting documentation provided where appropriate. At a minimum, the body of the letter must contain the service member’s name, date of birth, place of birth, rank in military, branch of service, and unit of assignment, as well as the dates and places of birth of the family member and any children. Any upcoming deployments for which the service member is preparing should be mentioned.
Question: What documents should be provided?
Answer: Generally, you want to provide the following: The service member’s birth certificate and proof of U.S. citizenship (if applicable); The family member’s birth certificate; The birth certificates of any children; If the family member is the spouse, the couple’s marriage certificate and evidence of the bona fide nature of the marriage; The family member’s military family member identification card; A copy of Defense Eligibility Enrollment Reporting System enrollment documentation for the family member; Two original passport photos of the family member; A copy of any deployment orders for the service member; and additional documents that substantiate the case of hardship can be enclosed as well.
Question: Will the PIP Request be Granted?

Answer: A Parole in place determinations are made on a case-by-case basis and are purely discretionary. Your client should not assume his or her request is approved until USCIS officially notifies him or her of the approval. Typically, clients are notified to come for an interview with a USCIS officer who is specially trained to handle PIP applications, and that officer will make an initial determination whether to grant the PIP, but the officer’s decision will be reviewed at a higher level before the PIP request is approved.

%d bloggers like this: