By: Jennifer Fabian-Verzosa, Esq.

BEING APPROVED FOR MILITARY PAROLE IN PLACE (PIP) IS A SIGNIFICANT AND POSITIVE STEP FORWARD FOR ELIGIBILE FAMILY MEMBERS OF U.S. MILITARY PERSONNEL AND VETERANS. THIS ARTICLE EXPLORES THE NEXT STEPS TO OBTAIN A GREEN CARD AFTER APPROVAL.

Many spouses, parents, and children of service members or veterans entered the U.S. without inspection. Military PIP is a special program which aims to reduce family separation and help prevent the disruption of military service that can occur when a family member is facing deportation due to their undocumented status. Military PIP recognizes the importance of family for military personnel and veterans. While PIP itself does not grant permanent residency (a green card), it opens a crucial door: the ability to apply for Adjustment of Status from  within the United States.  Adjustment of status is the pathway to a green card.

Entering without inspection normally prevents persons from applying for a green card without leaving the country, often triggering long separations and potential bars to re-entry. Military Parole in Place overcomes this hurdle by granting a special "parole" status for the purpose of applying for Adjustment of Status. Essentially, for immigration purposes, an approved family member under this program would now be considered to have been "paroled" into the U.S.. This fulfills a key requirement for adjusting status.

Once you have your Military PIP approval, what are the next steps towards securing a green card? Here is a breakdown of the general process and requirements:

1.  Check whether you are eligible for Adjustment of Status:

It would be wise to assess your eligibility for adjustment of status even before applying for Military Parole in Place. That way, you can plan for your future and evaluate any potential roadblocks to obtaining your green card. Anytime you apply for an immigration benefit or submit an application, you expose yourself and put yourself at risk for immigration enforcement, especially in this current immigration climate. That is why it is essential that you understand eligibility requirements, and consider any potential risks, before filing any application. This is where the guidance of an immigration attorney would be particularly helpful, especially an immigration attorney who frequently assists military members and their families.

Adjustment of status has its own set of requirements! A lawful entry is not the only requirement for adjustment of status. You must be admissible to the United States. PIP overcomes the ground of inadmissibility related to entry without inspection, but it does not waive other grounds that could also make you ineligible for a green card. This is very important to understand. Other common grounds of inadmissibility include certain criminal convictions, immigration fraud or misrepresentation, specific health issues, or a likelihood of becoming a public charge. If other grounds of inadmissibility apply, you may need to file an additional waiver application, or you may simply not be eligible for adjustment of status (even if you were approved for Military PIP!).

Adjustment of status has its own set of requirements! A lawful entry is not the only requirement for adjustment of status.

2.  Gather all the necessary documentation:

Once you determine you may be eligible for adjustment of status, the next step is to gather all the important documentation to support your adjustment of status application. This includes the Form I-94 paper that you received through PIP, proof of your family relationship to the military member, your civil documents (such as your passport and birth certificate), and proof that you are admissible and will not become a public charge (financial documents of the military member or veteran).

3.  File for Adjustment of Status:

Along with the necessary supporting documents, file Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-130, Petition for Alien Relative, and Form I-864, Affidavit of Support. If you would like to work legally while your application is pending, file optional Form I-765, Application for Employment Authorization. You may also file optional Form I-131, Application for Travel Document (advance parole), if you would like to travel while your application is pending. However, it is highly recommended that you speak to an immigration attorney before you travel outside the U.S., because having an approved travel card (advance parole) does NOT fully protect you from risks of immigration enforcement and is not a guarantee that you will be admitted back to the U.S. after your travel.

4.  After Filing:

• Biometrics Appointment: USCIS will schedule you to provide fingerprints, photos, and a signature.
• Interview: The days of waived interviews are pretty much long gone. It is much more likely nowadays that you will receive an interview at your local USCIS office. At your interview, a USCIS officer will review your application with you, and ask you and your miliary petitioner questions to further confirm your relationship and whether you meet the requirements for adjustment of status.
• Decision: USCIS will notify you of their decision by mail. If approved, you will now be a Lawful Permanent Resident, and your green card will be mailed to you.

5.  Important Considerations:

• Before applying, review the requirements to make sure you meet them: Confirm your eligibility for adjustment of status, and any necessary waivers. If you have any criminal history whatsoever, or think any potential grounds of inadmissibility might apply (beyond an entry without inspection covered by PIP), consult with an immigration attorney before filing. You may need a waiver, or you may not be eligible for adjustment of status and could face denial. A denial puts you at further risk for detention and removal, so be aware and be cautious.
• Obtain Legal Help Before You File Any Immigration Application: The adjustment of status process is complex. While PIP simplifies the entry issue, mistakes in the adjustment of status application or with regards to eligibility can cause delays or denials. Consulting with an immigration attorney experienced in military immigration cases is highly recommended.
• Processing Times: Processing times for adjustment of status applications vary depending on USCIS caseloads. You can check typical processing times on the USCIS website.

For so many military members and their loved ones, lawful permanent resident status after approval for Military Parole in Place is the ultimate endgame. This special program is supposed to serve those who serve our country. By providing a path to permanent residency, the program acknowledges the sacrifices of military members and their families, and prevents family separation. There is nothing more important than family, and worrying about the immigration status of family members can undoubtedly have a tremendous negative and demoralizing impact on those who currently serve, and our veterans.

Our IMMIGRATION LAW OFFICE is here to serve those who serve, and we are experienced in helping active duty military and veterans navigate the immigration process for their family members. We have assisted military members deployed and stationed all over the world. We provide both in-person and remote immigration legal services. Contact us today!

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**Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa, an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

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