08 May Benefits of Parole in Place for Military Personnel and relatives

By Atty. Crispin Caday Lozano

There are many benefits available to relatives of active and retired military personnel.  On November 23, 2016, the DHS issued a Policy Memo (PM) clarifying benefits for members of the Armed Forces and their relatives.  This includes Parole in Place and Deferred Action which will be discussed below.

I. Parole in Place for Families of Certain Military Personnel and Veterans

USCIS has authority to grant parole to noncitizen applicants for admission, including those residing in the United States (through “parole in place”), on a case-by-case basis for urgent humanitarian reasons or significant public benefit. INA § 212(d) (5) (A), 8 U.S.C. § 1182(d) (5) (A). The 2013 PM provides guidance on granting parole, on a discretionary case-by-case basis, for certain spouses, children, and parents of, among others, individuals who “previously” served on active duty or in the Selected Reserve of the Ready Reserve. This PM clarifies that such language in the 2013 PM is meant to include former designated military personnel (who were not dishonorably discharged) whether they are living or deceased. The close family members of such individuals, who served and sacrificed for our Nation, are deserving of consideration for a favorable exercise of discretion on a case-by-case basis in accordance with the 2013 PM. This is true regardless of whether the former military service members are living or deceased.

In addition, the 2013 PM contains multiple references to the “children” of current or former military personnel.  Under the INA, the term “child” is limited to individuals who are unmarried and under the age of 21. See INA § 101(b) (1), 8 U.S.C. § 1101(b) (1). This PM seeks to expand on the provisions in the 2013 PM by replacing all references to “children” in the 2013 PM (and the corresponding provisions in the AFM) with the term “sons and daughters.” This change would further expand the provisions in the 2013 PM to the adult and married sons and daughters of covered military personnel and veterans.  Because covered military personnel and veterans generally will be U.S. citizens or lawful permanent residents (or, in the case of MAVNI, soon-to-be U.S. citizens or lawful permanent residents), their sons and daughters will often be on paths to lawful permanent resident status and eventual citizenship. See INA § 203(a), 8 U.S.C. § 1153(a). Parole in place or deferred action would therefore serve as a temporary bridge for such sons and daughters while they apply for and await adjudication of their applications for lawful permanent resident status. Moreover, important family relationships continue to exist even after children turn 21 or marry. The same morale, deservedness, and preparedness rationales articulated in the 2013 PM with respect to military personnel and their children continue to apply when such children turn 21 or marry.

II. Deferred Action Requests by DEP Enlistees and the Families of Military Personnel, Veterans, and DEP Enlistees

As in all deferred action determinations, USCIS will make case-by-case, discretionary judgments based on the totality of the evidence. In doing so, USCIS will weigh and balance all relevant considerations, both positive and negative. Certain factors are of particular relevance to the exercise of that discretion when deferred action requests are submitted by DEP enlistees or by the family members of military personnel, veterans, or DEP enlistees. Particularly strong positive factors specific to such requests include, but are not limited to:

• Being a DEP enlistee, including through the Military Accessions Vital to the National Interest (MAVNI) program (even if the enlistee’s authorized period of stay expires or terminates while in the DEP);
• Being the spouse, parent, son, or daughter of a MAVNI or other Delayed Entry Program (DEP) enlistee (even if present in the United States without an authorized status); and
• Being an individual who would be eligible for parole under the 2013 PM, as clarified and amended by the present PM, but for the fact that such individual has already been admitted.

The presence of one or more of the preceding factors does not guarantee a grant of deferred action, which constitutes only a favorable exercise of immigration enforcement discretion, but may be considered a strong positive factor weighing in favor of granting deferred action as a matter of discretion. The ultimate decision rests on whether, based on the totality of the facts of the individual case, USCIS finds that the positive factors outweigh any negative factors that may be present and that a favorable exercise of enforcement discretion is warranted.

If an individual described in any of the three bullets above is approved for deferred action in the exercise of discretion, the period of deferred action should be authorized in two-year increments; USCIS may consider requests for renewal of deferred action as appropriate.

In addition, individuals who have obtained parole in place or deferred action are eligible to apply for work authorization for the period of parole or deferred action if they can demonstrate economic necessity.

SUCCESS STORIES

1. On April 28, 2017, we received an approval of N-400 for a client who was under Removal Proceedings before.
2. On April 21, 2017, we received an approval of I-601A Provisional Waiver for a client who was denied I-601A before from a previous lawyer.
3. On March 22, 2017, we received an Immigrant Visa approval for a child of Permanent Resident who is already 25 years of age but classified as minor under CSPA.
4. On March 8, 2017, we received an approval of Provisional Waiver from USCIS for a seaman client.
5. On March 2, 2017 we received an approval of Dismissal of Criminal Case for a client who is in Removal Proceedings.
6. On February 23, 2017, we received an approval of Naturalization of a client whose spouse had a prior misrepresentation.
7. On January 7, 2017, we received an approval of Provisional Waiver for a client who entered as crewman but has two autistic children.
8. On December 28, 2016, we received an approval of adjustment of status for a client who entered without inspection but has Sec. 245(i).
9. On December 21, 2016, we received an approval of I-601A waiver for a seaman to qualify to apply for green card
10. On December 19, 2016, we received an approval of petition by a Dental office for green card.
11. On December 15, 2016, we received an approval of adjustment of status for a client who entered without inspection with Sec. 245(i).
12. We have more success stories at our website at crispinlozanolaw.com

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation. 

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers Association.  He specializes in immigration law and personal injury.  For free consultation email or call (info@ccllaw.net/ 1-877-456-9266)