On November 15, 2013 USCIS issued a policy memorandum on "parole in place" for Spouses, Children and Parents of Active Duty Members of the U.S. Armed
Forces, the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve.
What is Parole in Place?
It undoes someone's "illegal" entry into the United States without having to leave the country.
The ability to adjust your status from within the borders of the United States depends largely on how you entered the country.
Example 1: If you entered on a tourist visa but overstayed, it doesn't matter because you initially entered the country legally and were inspected by a government official. In this example, if the alien marries a US Citizen, they could simply file for adjustment in the United States and never have to leave to their home country.
Example 2: However if you entered the country without inspection, like through the desert, or were concealed in the back of a vehicle, then you marry a US citizen, you would eventually have to return to your home country for the interview process, and you would need a waiver of inadmissibility for your unlawful entry and subsequent time in the country without authorization.
Parole in Place undoes Example 2's illegal entry through a legal fiction. If Parole in Place is granted, it is as if the person originally entered the United States in a completely legal manor. This then allows them to have their family member apply for their Permanent Residency (green card) and never have to leave the United States.
Because this is merely a policy and not a law, this program could be terminated at any time. It is therefore very important that you take advantage of this special program immediately! Please contact our office and schedule a consultation to discuss your case with one of our attorneys.
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