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Parole in Place / Military Citizenship

Parole in place was established by executive action by President Obama. President Trump has said he wants to get rid of this immigration benefit. Immigration attorney, Andres Mejer, talks about what “parole in place” is and who can get a green card through it.


Andres Mejer   Two weeks ago one of your listeners said hey can you talk about parole in place?. Can you talk about how I can get a Green Card through the military? So thank you very much for that. And today we’re going to answer just that question parole in place. Very simple came into place. The idea is if I am serving my country in the military, if I am putting my life on the line I should not have to worry that my immediate relatives like my parents my spouse or my children will get deported while I am giving my service while my life is on the line. I could be distracted by that and I don’t need any distractions. So Obama created this concept of parole in place with parole in place you get protection from deportation you get work authorization and more importantly you get legal entry into the United States. It’s something of a fiction legal entry because if I entered without inspection way back when. That’s a nineteen ninety nine. I entered the United States across the border. I’m here. I’ve been here ever since I now have two children one is 18 years old and a U.S. citizen. And in the military and the older one is 21 years old. Also a U.S. citizen. Now my 21 year old normally could apply for me but can’t in this context why it’s simple. In order for me to get my Green Card from a family based petitions I have two principal stages one I’ve got to prove a legitimate relationship to my parent my spouse or my child who’s going to file for me immediate relative in this case would be my child who is over 21 my child is under 18 is not my immediate relative yet although he is my child and he is a U.S. citizen because he’s under 18 he doesn’t qualify as an immediate relative but my 21 year old does. So first I’ve got to prove the relationship is appropriate when that happens then I do my change of status which is where I go from student visa, undocumented, to a green card holder to a lawful permanent resident. Some non permanent status to a permanent status of the Green Card. Now to do that I need two things. To do it in the U.S. I need legal entry and I need an immediate relative. So here I am now 20 some odd years living in the United States but I am undocumented, because I don’t have legal entry I have to do what’s called Consular Process. If I did not enter legally but someone filed for me under the Life Act which expired It’s otherwise known as immigration Naturalizatio Act 245-I, that expired on April 30 2001. If in my scenario no one applied for me in that area in that time before 2001 even though I was here then I could have applied for something no one did. So I don’t have legal entry that way. The other one is parole in place the process where I’m describing now because my 18 year old is a Marine and he’s in the, doesn’t have to be marines, could be a National Guard, could be Air Force, could be any, I wouldn’t say any segment of the military but most of them as long as your son is in active duty not inactive but is actively serving or was honorably discharged. Either one of those scenarios gets this benefit. Now with legal entry I would then adjust in the United States, so parole in place we’re showing that unless good cause is shown I am getting paroled into the United States with that I get work authorization and permission and my 21 year old son was not in the military but is my immediate relative can then file for me and we will file both the document the relation that is my son and the change of status at the same time and I would become a Green Card holder within approximately a year and a year and a half. Parole in place. The standard is good cause, immigration is going to look at the totality of the circumstances. Yes there are things that can disqualify me like multiple entries or significant crimes but because of the merit of my son I will typically get approved, not in every scenario. It’s now harder than ever. And listen if you have somebody in the military or was in the military, apply as fast as you can. Trump has said he wants to eliminate the program like every program that is beneficial to immigrants. Trump wants to get rid of it. If you have any questions or. Comments please indicate below. If there’s something you want us to talk about in the future indicated below.