Many assume that if they entered the United States illegally, there are no immigration options available to them. However, there are several possible ways that you might be able to apply for a green card, such as proving a “wave through” or filing a waiver of unlawful presence but here we will focus on just one—parole in place for those in the military and their families.

As a general rule, one must have been either inspected and admitted or paroled into the United States in order to apply for adjustment of status—a green card application made while one remains in the United States.  Parole in place is one possible way to avoid having to leave.  In a sense, an approved parole in place application allows the government to treat you as though you entered the United States legally, though you did not, which may allow you to apply for a green card without having to go to a consulate abroad.

Under INA 212(d)(5)(A), immigration officials have the discretionary authority to grant parole in place.  Parole in place can be granted to spouses, widows, widowers, parents, sons, and daughters of the following people who serve or have served in the military:

• “An active-duty member of the U.S. armed forces;”
• “An individual in the Selected Reserve of the Ready Reserve;” or
• “An individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.”

Keep in mind that this process is not for use by those who entered legally and overstayed or were otherwise inspected and admitted, e.g., “waved through.” For more details on the parole in place process, click here.

This special policy for those in the military began under the Obama administration, and so far, it has remained in place during the Trump administration.  Of course, this policy could be changed at any time.

If you entered the United States illegally and have a family member who is or was in the military, contact a qualified immigration lawyer immediately.

For more information,  Craig Dobson

Crystal & Giannoni-Crystal, LLC is a “lawyers for lawyers and international matters” boutique law firm. The firm has offices in Charleston, SC, New York, NY, and Washington, DC. The firm is available to serve clients – in association when needed with local counsel – with transactions in Italy, Spain, Germany, France, Portugal, UK, Mainland China, Hong Kong, India, Indonesia, Australia, Latin America, Brazil, and Argentina. In the U.S., we are able to offer our full list of services in New York, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Westchester County, in the District of Columbia, in South Carolina, including Aiken County, Anderson County, Beaufort County, Berkeley County, Charleston County, Dorchester County, Florence County, Greenville County, Horry County, Richland County, Spartanburg County, Sumter County and York County, and the communities of Charleston, Myrtle Beach, Sumter, Florence, Columbia, Lexington, Aiken, Rock Hill, Greenville, Spartanburg, Anderson, Pickens, and Hilton Head, in Georgia, including Savannah and the whole Chatham county.