Temporary Stay Permit For Members Of The Armed Forces
“El Show Sin Fronteras”
Spanish Video Above Translated In English Below
During today’s “El Show Sin Fronteras” our hosts Karla, Fidel, and attorney Kate discussed the “Parole In Place” which is a temporary stay permit for armed force members, and they also had the opportunity to answer questions from our followers.
What Is Parole In Place?
Various people can be processed under parole at the border, for example in the past immigrants from Cuba could show up at the border, as well as people who are detained by Immigration can be released under parole or bond, depending on each case. Parole in place applies to family members or immediate relatives of persons who are serving or have served in the U.S. Armed Forces.
If a person is a parent, spouse, or child of a person who has served in the Armed Forces and that person is in the country or entered the country without permission, that person can apply for this type of parole, which is Deferred Action.
This action is a type of protection that comes with programs such as DACA, which means that Immigration has decided not to execute a deportation order against this person and also includes the possibility of applying for a Work Permit.
The most important aspect of this program is when someone entered without permission, for example crossing the river many years ago, and is now the parent of a person serving in the Armed Forces.
If the parents of this person apply for “Parole in Place”, they will subsequently be eligible for an adjustment of status to Permanent Resident without having to leave the country and without having to go through any process before the Consulates of their country of origin.
You only need to be the immediate relative of a person who is serving or has served in the Armed Forces.
It is a two-part process: whenever we are talking about a person who is in the country illegally and wants to adjust their immigration status, it is necessary to ask for a type of pardon, in this case, the “parole in place”.
After completing this process, the process of applying for a Permanent Residency through a family petition begins.
Another aspect that is important to review for those who want to apply for parole, is whether or not they are eligible for Permanent Residence – this is done by investigating the criminal record, immigration history, how many entries they have had to the country if they have been deported before and then entered without permission.
All of this because there are certain sanctions for specific cases, where in order to adjust status you would have to leave the country for a certain amount of time.
The “parole in place” does not override these sanctions because of your immigration history, however, in some cases, you can apply for Deferred Action, protection from deportation, and Work Permits.
Every case is different, and every story is different, so Attorney Kate advises consulting with a legal professional.
Can this process affect a person serving in the Armed Forces? Kate answered no.
This program exists to give a benefit to members of our Armed Forces so that they do not have to worry about their family members, or fear that they will be deported, and it does not harm the family member serving in any way.
In some cases where the family member already has a Deportation Order, it is possible to apply for this parole, however, Kate warns that this is a policy that changes depending on the Immigration Office and the Immigration Office Supervisor.
Normally the policy indicates that these types of cases are not approved but we have had a couple of cases in which the eligibility for parole in place gives a chance to reopen and contest the deportation case by claiming a family relationship with the person who is part of the Armed Forces.
Questions From Our Supporters
Just like during every broadcast of “El Show Sin Fronteras”, we were receiving questions from our supporters. Fidel read us the following one coming from Facebook:
“They gave me my residency but they put the name wrong. I already returned it, how long would the process take to get it back?”
In situations like our listener’s it is necessary to make use of Form I-90 to fix mistakes in the spelling of names and depending on the entity that made the mistake, it may or may not be necessary to pay a certain fee again to fix your name. If the error was made at Immigration it will not be necessary to make this payment and the process usually takes between 3 and 9 months.
We received another question via YouTube that Fidel shared with us as well:
“Good afternoon, can sons and daughters who are in the Marines help their parents get “parole in place”? Or only those in the Armed Forces? Thank you.”
According to Attorney Kate, the U.S. Armed Forces is made up of 6 branches: the Army, Marine Corps, Navy, Air Force, Coast Guard, and Space Force. They are not required to be in service at the time. The only people who served in the past and their immediate relatives cannot benefit from that “parole” are those who had a dishonorable discharge.
The next question, received via Facebook was:
“Hi. How long does it take for the I-212 and I-601 paroles to be approved? They were filed in May.”
The I-212 waiver is for those with an Order of Deportation and the I-601 waiver is for those who have been in the country illegally for a period of time or have a significant criminal record. Each type of waiver will be processed by different immigration offices. It usually takes between 12 and 18 months to be processed, with the I-212 type taking the longest.
Fidel shared with us the following question received via YouTube:
“Good afternoon. Question: how are the U Visa good faith permits going? Thank you.”
The U Visa is a special type of visa for victims of crimes in the United States who have cooperated with the authorities for their investigations. The current problem is that Congress is allocating only 10,000 visas per year to those who qualify, but the number of people applying is much higher.
The good news for this program, announced a few months ago by the Biden administration, are that those who have filed their U Visa case and completed fingerprinting, even if they are on the waiting list, will be eligible for a Work Permit, Driver’s License, and Social Security Number. With respect to the good faith permits, then, all seems to be going well and all indications are that soon more eligible individuals will be receiving their benefits sooner.
What’s Happening With DACA?
During the last administration, there were many changes in this program. And during the current administration what happened was that the Attorney General of the state of Texas filed a lawsuit arguing the illegality of the program since it did not follow due process when it was initially introduced in 2012 by President Obama.
Due to this lawsuit, a Federal Judge ordered that only renewal applications could continue to be received and processed but not the initial DACA applications.
However, just over a week ago President Biden announced a new program with exactly the same requirements and benefits as the original DACA program, but this time it will go through the legal process.
This process includes a public comment period lasting approximately 60 days, after which it will be possible to officially announce the program. Attorney Kate advises those who qualify to start collecting all required documentation, especially documentation demonstrating permanent presence in the country since 2007.
Should you have any additional questions regarding the topics discussed today or your particular case, please do not hesitate to call us at (855) 502-0555. We will evaluate your case completely free of charge and in a short 10-minute consultation we will tell you what options you have. You can follow us on our social networks Facebook, Instagram, TikTok, and YouTube to stay tuned for our latest updates.
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