Members of the United States Armed Forces make extraordinary sacrifices in service to the country. For service members with noncitizen spouses, parents, sons, or daughters, however, immigration uncertainty can create significant stress at home. Learn more about Military Parole in Place vs. Military Deferred Action.

Recognizing the unique circumstances facing military families, U.S. Citizenship and Immigration Services (USCIS) provides certain discretionary immigration options that may allow qualifying family members to remain in the United States.

Two important options are Military Parole in Place (PIP) and Military Deferred Action.

Although these programs can sound similar, they operate differently and may have significantly different consequences for a person’s immigration case. Understanding the distinction is an important first step toward protecting a military family from the possibility of removal.

What Is Military Parole in Place?

Military Parole in Place is a discretionary immigration benefit available in certain circumstances to people who are physically present in the United States without having been formally admitted.

USCIS may grant Military PIP on a case-by-case basis. It can allow an eligible noncitizen to remain temporarily in the United States rather than having to leave the country to address certain immigration issues.

USCIS states that Military PIP may be available, generally in one-year increments, to qualifying spouses, widow(er)s, parents, sons, and daughters of certain:

• Active-duty members of the U.S. Armed Forces;
• Members of the Selected Reserve of the Ready Reserve; and
• Individuals who previously served on active duty or in the Selected Reserve of the Ready Reserve and were not dishonorably discharged.

Eligibility does not mean automatic approval. USCIS evaluates PIP requests individually and considers whether the applicant warrants a favorable exercise of discretion.

Why Military Parole in Place Can Be Important

One of the most significant features of Military PIP is that it addresses a particular immigration problem: entry into the United States without admission.

That distinction can be extremely important.

Depending upon the person’s complete immigration history and other eligibility requirements, being granted parole may affect the individual’s ability to pursue adjustment of status from within the United States.

However, PIP itself is not a green card, does not automatically provide permanent immigration status, and does not eliminate every possible ground of inadmissibility or other immigration issue.

This is why a careful review of the person’s complete immigration history is essential before deciding how to proceed.

What Is Military Deferred Action?

Military Deferred Action (DA) is different than Military Parole in Place. It is a discretionary immigration benefit to protect from removal in the United States. It is available to certain relatives who entered legally but overstayed, or to certain relatives who did not enter legally but may not be eligible for Military PIP.

Military Deferred action is a discretionary decision by the federal government to temporarily grant lawful presence and allow an individual to request employment authorization. It can also postpone the removal of a noncitizen for a specified period.

Military Deferred Action can be particularly relevant when a military family member does not qualify for Military PIP, including some individuals who originally entered the United States lawfully but later overstayed, or individuals who have prior removal history, or individuals who triggered complex entry barriers (commonly known as “Entry Bars”).

USCIS considers a person granted deferred action to be lawfully present during the authorized deferred-action period, which is usually granted in increments of 2 years.

For example, USCIS explains that a person who originally entered the United States after being lawfully admitted as a nonimmigrant but subsequently remained beyond the authorized period generally is not eligible for Military PIP because that person was previously admitted. That individual may instead be able to request Military Deferred Action.

Military Deferred Action may be available to certain spouses, widow(er)s, parents, sons, and daughters of qualifying active-duty service members, Selected Reserve members, and qualifying veterans. Certain military enlistees and their family members may also qualify.

Military Parole in Place vs. Military Deferred Action

The most important distinction between these two options involves what immigration problem or inadmissibility needs to be addressed.

Military PIP generally applies to qualifying individuals who are present in the United States without admission. If granted, the person receives parole for the authorized period.

Military Deferred Action, by comparison, generally postpones removal for a specified period but does not constitute an admission or parole.

Both programs are discretionary. Neither should be viewed as an automatic benefit simply because someone has a qualifying relationship with a member of the military.

Can You Obtain Employment Authorization?

Employment authorization may also be possible in appropriate cases.

A person granted Military Parole in Place may be eligible to apply for employment authorization during the parole period. Individuals granted Military deferred action may also be able to request employment authorization.

Employment authorization is a separate benefit, however, and should not be confused with permanent immigration status.

Does Military PIP Lead to a Green Card?

Military PIP can sometimes become an important part of a broader strategy for obtaining lawful permanent residence, but approval of PIP does not automatically result in a green card.

A person’s ability to adjust status depends on numerous factors, including the qualifying family relationship, immigration history, criminal history, prior removal proceedings, potential grounds of inadmissibility, and other statutory requirements.

Similarly, Military Deferred Action is temporary protection from removal rather than a direct path to permanent residence.

Protecting Those Who Serve—and Their Families

Immigration problems affecting military families can create uncertainty for the entire household. A service member preparing for deployment, completing training, or fulfilling other military obligations should not have to navigate a loved one’s complicated immigration situation without understanding the available options.

Military Parole in Place and Military Deferred Action can provide meaningful protections, but determining which option may be appropriate requires an individualized review.

At RJS LAW, our immigration attorneys understand that military immigration cases can involve much more than filing an application. We evaluate the individual’s immigration history, military relationship, potential eligibility for discretionary relief, and possible longer-term immigration options.

If you are a service member, veteran, enlistee, or military family member concerned about deportation or immigration status, contact RJS LAW to discuss your circumstances and learn what options may be available to protect your family. Serving San Diego and Southern California.