by Jesse Young
July 4th is Independence Day in the United States, and for many, this month is an opportunity to recognize the contributions of all military personnel, both veterans and active duty, who have fought for this country since its inception. Today, on our blog, we at Eagan want to pay tribute to the service of America's immigrants. We would also like to take a moment to explain a little-known immigration benefit called Military Parole in Place (PIP), which provides legal status to undocumented family members of active-duty military personnel or veterans.
A BIT OF HISTORY
Let's start by talking about why Military PIP was created in the first place. On May 12, 2007, 25-year-old Navy Sergeant Alex Jiménez was captured by enemy forces in Jurf es Sakhr, Iraq. While the U.S. military searched for him, Alex was considered missing in action. At the same time, back in the United States, Alex's wife, Yaderlin Hiraldo Jiménez, was being deported. Yaderlin found herself in a difficult situation, very similar to many of our clients' situations today. Although she and Alex had married in 2004, because she had entered the country without a visa in 2001, the government wanted her to return to her native Dominican Republic and apply for re-entry. Unfortunately, once she left, she would be barred from returning to the United States for 10 years. Without Alex's support, her situation seemed hopeless.
However, due to the national media attention surrounding Yaderlin's case, an immigration judge issued a temporary stay of proceedings. Then, the Department of Homeland Security granted the first known PIP for a military spouse. As a result, Yaderlin was able to adjust her status to permanent resident.
Tragically, Alex and Yaderlin never reunited. On July 8, 2008, 14 months after their disappearance, their remains and those of their comrade were discovered in a shallow grave 12.5 miles south of where their unit was ambushed. At the time of his passing, Alex was only 25 years old.
Alex Jiménez was a hero, and today his legacy lives on in the Military PIP policy, which was first introduced to help his wife, Yaderlin, while he was missing in action. His case showed the world that members of the military, especially those who have made the ultimate sacrifice, deserve to know their families are safe at home and protected from deportation. As stated in the USCIS policy memorandum issued in 2013: “our veterans, who have served and sacrificed for our nation, can face stress and anxiety due to the immigration status of their family members in the United States. We, as a nation, have made a commitment to our veterans, to support them and care for them. It is a commitment that begins upon enlistment and continues as they become veterans.”.
MILITARY PIP: DO I MEET THE REQUIREMENTS? IF SO, HOW DO I APPLY?
Now let's talk about the Military PIP itself, starting with whether you or someone you know meets the requirements. The Military PIP is available to spouses, parents, sons, and daughters of:
Active-duty members of the United States Armed Forces, members of the Military Reserve (including members of the National Guard), and veterans, living or deceased, who have served on active duty or in the reserve and have not received a dishonorable discharge.
Then, there are some other conditions you must meet to be eligible. You must:
Be physically present in the United States Not to have been previously “admitted” (this means you entered without a visa, such as crossing the border) Not have serious criminal convictions.
However, because Military PIP is “discretionary” (meaning it is considered on a case-by-case basis), some people with criminal convictions have obtained the permit in the past.
Once you have determined that you are eligible, the next step is to contact a lawyer who can help you with your application. Because laws related to Military PIP are complex, you will want to have an expert by your side to help you prepare the best possible case. Your lawyer will ask you to gather some documents, such as:
Proof of your relationship with the service member, such as a marriage certificate or birth certificate Proof of their service in the armed forces Passport photos
Once you have all of that, these documents will be sent along with a form known as the I-131 to the local USCIS office, where immigration will examine your case before making a decision. The current waiting time to receive a response from USCIS is approximately three months.
MILITARY PIP BENEFITS
Once your Military PIP is approved, you will have reason to celebrate, because many good things are coming. First you will receive a document called an I-94, which indicates that you have been granted “parole” for one year. Parole means that you are legally authorized to remain in the United States, so you cannot be deported.
Once you have your I-94, you will be able to apply for your work permit. All you will need to do is submit a copy of the I-94 along with your application for employment authorization, known as the I-765. You will have to wait a few more months for USCIS to approve the I-765, but after that you will have your work permit. Furthermore, although the entry permit and work permit are only valid for a period of one year, they can be renewed indefinitely, so you will never have to worry about deportation again.
Best of all, a grant of Military PIP can allow you to adjust your status to permanent resident. If, like Alex Jiménez's wife, Yaderlin, you entered the United States without being admitted, often the only way to adjust your status through your spouse, parent, or child is to leave the United States and apply at the U.S. consulate in your home country. This is known as consular processing. Unfortunately, unless you are approved for a waiver, leaving the United States can trigger a penalty that may prevent you from returning. Military PIP changes that. If you are approved, your last entry will be considered a legal admission, and you can become a permanent resident without having to leave the United States.
CONTACT US
If you think you or someone you know may be eligible for Parole in Place (PIP), don't hesitate to contact us.. Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
Eagan Immigration