What Is Parole in Place?

To adjust status to permanent residence inside the US, most applicants must have been "inspected and admitted or paroled" (8 U.S.C. 1255(a)). People who crossed the border without inspection usually cannot meet that requirement. Parole in place can fix that problem for some families.

What parole is

The Secretary of Homeland Security may parole people into the US case by case for urgent humanitarian reasons or significant public benefit (8 U.S.C. 1182(d)(5)). "In place" means the person is already in the US and is granted parole without leaving.

Military parole in place

USCIS uses parole in place for family members of US military personnel, as described in its guidance for military families (USCIS). It may be available to the spouse, child or parent of:

• An active-duty member of the US armed forces
• A member of the Selected Reserve of the Ready Reserve
• A veteran who was not dishonorably discharged

Grants are discretionary and usually last one year at a time; they can be renewed.

How it helps

Once paroled, an immediate relative of a US citizen, such as the spouse of a citizen service member, may be able to apply for a green card through adjustment of status without leaving the US (NC Bar Blog). Without parole, the person might have to leave for a consular interview and could trigger unlawful presence bars.

How to apply

Military parole in place is requested on Form I-131 with evidence of the family relationship, the service member's status, identity documents, photos and evidence supporting a favorable exercise of discretion.

The 2024 "Keeping Families Together" program

In 2024 DHS created a parole in place process for certain undocumented spouses and stepchildren of US citizens. A federal court in Texas set the program aside in November 2024, and it is not accepting applications. Be cautious of anyone offering to file under it.

Other paths

If you entered without inspection and do not qualify for military parole in place, other options may include consular processing with a provisional waiver, or relief based on asylum, U or T visas, VAWA, or cancellation of removal. See family-based petitions.

An immigration lawyer can confirm eligibility and assemble the evidence.

Sources

1. USCIS: Immigration options for family of certain military members and veterans
2. Cornell Law School LII: 8 U.S.C. 1182(d)(5), Parole
3. Cornell Law School LII: 8 U.S.C. 1255(a), Adjustment of status
4. NC Bar Blog: The immigration benefits of military parole in place