Parole in Place & Other Special Immigration Rules for Long Beach Military Families
If You Are In Undocumented Status But Have A Relative Who Is A Veteran Or Active Service Member You Might Have A Path To U.S. Residency Under This USCIS Procedural Change
This is a big important change in the implementation of use of Parole and it might benefit you or a relative!
On November 15, 2013, USCIS issued a memorandum amending the USCIS Adjudicator's Field Manual "to ensure consistent adjudication" of "parole in place" requests made on behalf of certain military family members. The memo states that, generally, it would be an appropriate exercise of discretion to grant "parole in place" to the spouses, children, and parents of active duty military personnel, reserve members, and veterans, who are already physically present in the United States without inspection or admission. The policy is intended to ease the stress and anxiety placed upon military service members and veterans that is caused by the lack of immigration status of their close family members in the U.S.
What this means is: if your husband or wife, son or daughter, mother or father, is a member of active duty in the U.S. Armed Forces, in the Selected Reserve of the Ready Reserve or who previously served in the U.S. Armed Forces (is a veteran), and you entered the US illegally or overstayed your allowed time in the US, you might be eligible for a green card-Permanent Resident status by requesting " Parole in Place".
We have received several grants for Parole in Place for clients, thereby eliminating their need to file a I-601 or I-601A waiver request and thus also eliminating their need to depart the US to complete the process in their home country. Parole in Place is granted at your local USCIS field office and is comparatively quick and easy.
Please call our office in Long Beach for more information about "Parole In Place" to see if you may qualify.
Expedited I-601 Waiver Application
USCIS has a procedure that allows military dependents outside the United States who must request a waiver of unlawful presence, to expedite the I-601 application adjudication.
Expedited US Citizenship Application
USCIS will assist armed services members in obtaining their citizenship adjudication on an expedited basis.
Family Based Survivor Benefits
A person who is the surviving spouse, child, or parent of a United States citizen, whose citizen spouse, parent, or child dies during a period of honorable service in an active duty status in the U.S. Armed Forces may be eligible for naturalization.Generally, service in the armed forces means service in one of the following branches: Army, Navy, Marine Corps, Air Force, Coast Guard, certain reserve components of the National Guard, and the Selected Reserve of the Ready Reserve.
Surviving family members seeking immigration benefits are given special consideration in the processing of their application for permanent residence or for classification as an immediate relative.
If you are the spouse, child, or parent of a U.S. citizen who died as a result of combat while serving in active duty status in the U.S. armed forces, you may be eligible for immigration benefits as an "immediate relative" for up to 2 years after your service member relative's death.
Additionally, a surviving spouse, child, or parent of such service members may be eligible for naturalization as the surviving relative of the service member under Section 319(d) of the Immigration and Nationality Act (INA).
Family Petitions or Adjustment of Status:
If You are the Spouse of a Deceased Service Member
You will be considered an immediate relative for immigration purposes and can apply for Permanent Resident status provided:
- Your service member spouse served honorably in active-duty status in the U.S. armed forces
- Your service member spouse died as a result of injury or disease incurred in or aggravated by combat
- You were not legally separated from your service member spouse at the time of his or her death
- You file a petition for an immigration benefit (Form I-360) within two years of your service member spouse's death
- You do not remarry prior to obtaining permanent residence based on your relationship to your U.S. Citizen spouse.
If You are the Child or Parent of a Deceased Service Member
You will be considered an immediate relative for immigration purposes provided:
- Your service member relative served honorably in active-duty status in the U.S. armed forces
- Your service member relative died as a result of injury or disease incurred in or aggravated by combat
- You file a petition for an immigration benefit (Form I-360) within 2 years of your service member relative's death.
Note: When filing the Form I-360, it is important to check box M in Part 2 of the form and write "Public Law 108-136."
Citizenship for Surviving Spouse, Child, or Parent
The spouse, child, or parent of a deceased U.S. citizen member of the U.S. armed forces (service member) who died as the result of his or her honorable service, including a service member granted posthumous citizenship, and who, in the case of a surviving spouse, was living in marital union with the citizen service member spouse at the time of his or her death, may be eligible for naturalization as the surviving relative of the service member under Section 319(d) of the Immigration and Nationality Act (INA).
The surviving spouse, child, or parent must meet the general naturalization requirements, except for the residence or physical presence requirements in the United States (It is important to check box D of Part 2 of Form N-400 and write "Section 319(d) of the INA" in the space provided.)
Note: If you were the spouse of the deceased service member, you must not have been legally separated at the time of his or her death. However, you remain eligible for naturalization under this provision even if you have remarried since the service member's death.
Survivor Benefits for Relatives of Non-U.S. Citizen Military Members
If the deceased service member's spouse, child or parent applied for adjustment of status based on his or her relationship to the service member prior to his or her death, this application will be adjudicated as if the service member's death did not occur provided:
- The service member served honorably in active-duty status in the U.S. armed forces
- The service member died as a result of injury incurred in or aggravated by combat
- The service member was granted posthumous citizenship
The service member's spouse, child, or parent writes a letter to the district office having jurisdiction over his or her case, or indicates at the time of the interview that he or she is eligible for adjustment under Section 1703 of Public Law 108-136 and provides proof of eligibility.
If the deceased service member was an alien lawfully admitted for permanent residence, and had filed a visa petition for his or her spouse or child, the spouse or child may file a self-petition as an immediate relative provided the deceased service member:
- Served honorably in an active duty status in the military, air or naval forces of the United States
- Died as a result of injury incurred in or aggravated by combat,
- Was granted posthumous citizenship.
Please call our office in Long Beach for advice, guidance, and assistance in applying for any of these procedures. (562) 494-1010