Understanding Parole in Place (PIP)

Parole in Place (PIP) is a discretionary benefit provided by U.S. Citizenship and Immigration Services (USCIS) that allows certain noncitizens physically present in the United States to be granted parole. This process provides a lawful status, which, in some cases, enables individuals to adjust their status to become lawful permanent residents (LPRs) without having to leave the U.S.

PIP is particularly significant for individuals who entered the U.S. without inspection, as they are typically ineligible to adjust status. However, when granted parole, these individuals may become eligible for adjustment of status, avoiding the need to depart the U.S. and risk triggering inadmissibility bars. This benefit is typically granted for one year, with the option to apply for renewal or “re-parole.”

Who is Eligible for Parole in Place?

USCIS has formally recognized PIP for the spouses, children (including married children), and parents of:

  • Active-duty members of the U.S. Armed Forces;
  • Individuals serving in the Selected Reserve of the Ready Reserve;
  • Veterans who previously served in these organizations and were not dishonorably discharged.

Who is Considered an Active Duty Member of the U.S. Armed Forces?

Active duty members of the U.S. Armed Forces include individuals who serve full-time in one of the following military branches:

  • U.S. Army
  • U.S. Navy
  • U.S. Air Force
  • U.S. Marine Corps
  • U.S. Coast Guard

Active duty includes full-time military service, training, and attending designated military schools. However, individuals serving in the National Guard are generally not considered active duty unless they are federally activated.

Who is a Member of the Selected Reserve of the Ready Reserve?

Each branch of the military has reserve components, including:

  • Ready Reserve
  • Standby Reserve
  • Retired Reserve

The Selected Reserve is a subset of the Ready Reserve and includes service members who actively participate in regular training and are available for deployment. This includes individuals in:

  • Army National Guard and Air National Guard (when in Selected Reserve status)
  • Army Reserve
  • Navy Reserve
  • Marine Corps Reserve
  • Air Force Reserve
  • Coast Guard Reserve

Selected Reservists participate in regular drills, paid training, and are considered part of the military’s active reserve force, ready to be deployed as needed.

PIP has also been used for other humanitarian purposes in the past, including for Cuban nationals, Haitian nationals, and Filipino World War II veterans. While PIP is primarily used for military families, DHS may grant PIP in other nonmilitary cases on a discretionary basis.

Benefits of Parole in Place

Individuals granted PIP benefit from:

  • Protection from removal while the parole remains valid;
  • The ability to apply for work authorization;
  • A path to lawful permanent residence if they are otherwise eligible;
  • A way to address inadmissibility due to unlawful entry.

USCIS considers PIP on a case-by-case basis. While a pending or approved immigration petition is not strictly required, having one may strengthen a request. Those granted PIP may also be eligible for advance parole, allowing them to travel internationally and return to the U.S. lawfully.

Application Process for Parole in Place

To apply for PIP, eligible individuals must:

  1. File Form I-131, Application for Travel Document, indicating they are requesting Parole in Place.
  2. Submit supporting evidence, including proof of relationship to the qualifying military member, proof of the military member’s service, and any discretionary factors supporting the request.
  3. Provide biometrics and undergo a background check.

USCIS adjudicates PIP requests at its discretion, and while criminal history, dishonorable military discharge, or other adverse factors may negatively impact the decision, the policy strongly supports granting PIP in most military family cases.

Limitations and Recent Developments

While PIP provides significant benefits, it does not waive all grounds of inadmissibility. Unless an individual qualifies for an exemption, PIP alone will not overcome the general bar to adjusting status due to unlawful presence or unauthorized employment.

Additionally, USCIS during the first Trump administration stopped adjudicating deferred action applications for nonmilitary applicants, limiting the scope of alternative relief options. However, DHS continues to exercise its discretion in granting PIP beyond military families in limited circumstances for humanitarian reasons or significant public benefit. A grant of PIP also enables eligibility for advance parole, allowing international travel without triggering reentry bars.

Legal Challenges and DHS Authority

It is important to note that challenges to PIP denials before Immigration Judges or appeals boards have been unsuccessful. Courts have upheld that only DHS has the authority to grant PIP, and an immigration judge cannot terminate removal proceedings solely to allow a respondent to seek PIP.

Conclusion

Parole in Place remains a crucial mechanism for keeping military families together and providing certain individuals who entered the U.S. without inspection a pathway to lawful status. Given the complexity of immigration laws and the discretionary nature of PIP, individuals seeking this relief should consult with an experienced immigration attorney to evaluate their eligibility and prepare a strong application. If you or a loved one may qualify for PIP, contact our office to schedule a consultation and discuss your legal options.