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Parole in Place Application for a Military Family Member

This document is a sample parole in place application for a military family member. It is important to note that this is a sample document and should not be used without consulting with an immigration attorney.

Table of Contents

  1. Introduction

  2. Eligibility Requirements

  3. Application Process

  4. Supporting Documents

  5. Sample Parole in Place Application

  6. Conclusion

  7. TLDR

  8. Case Laws

Introduction

Parole in Place (PIP) is an immigration benefit available to certain family members of U.S. military personnel who are already in the United States. It provides temporary protection from deportation and may allow family members to apply for work authorization or other benefits.

Eligibility Requirements

To be eligible for PIP, the applicant must meet the following requirements:

  • Be a spouse, parent, son, or daughter of a U.S. military member. This includes active-duty members of the U.S. armed forces, individuals in the Selected Reserve of the Ready Reserve, or veterans.

  • Have entered the United States without inspection. This means that the applicant did not go through a port of entry and was not inspected by an immigration officer.

  • Be in the United States. The applicant must be physically present in the United States at the time of application.

  • Not be inadmissible to the United States. This means that the applicant must not have any criminal convictions or other grounds for inadmissibility.

Application Process

The application process for PIP is as follows:

  1. Complete Form I-131, Application for Travel Document. The applicant must complete and sign Form I-131 and submit it to the U.S. Citizenship and Immigration Services (USCIS).

  2. Pay the filing fee. The filing fee for Form I-131 is $585. However, the applicant may be eligible for a fee waiver if they meet certain financial criteria.

  3. Submit supporting documents. The applicant must submit supporting documents to prove their eligibility for PIP. These documents may include:

    • Proof of family relationship. This may include a marriage certificate, birth certificate, or other documentation that shows the relationship between the applicant and the U.S. military member.

    • Proof of entry without inspection. This may include a statement from the applicant about how they entered the United States.

    • Proof of U.S. military service. This may include a copy of the military member's orders, a military ID card, or other documentation that shows the military member's service.

    • Proof of financial support. The applicant may need to provide proof that they have financial support in the United States.

  4. Submit the application. The applicant must submit the completed application and supporting documents to the USCIS.

  5. Wait for a decision. The USCIS will review the application and make a decision. The processing time for PIP applications can vary.

Supporting Documents

The following documents may be required to support a PIP application:

  • Proof of family relationship:

    • Marriage certificate

    • Birth certificate

    • Adoption papers

    • Divorce decree

    • Death certificate

  • Proof of entry without inspection:

    • Statement from the applicant about how they entered the United States

    • Travel documents

    • Immigration records

  • Proof of U.S. military service:

    • Military orders

    • Military ID card

    • Discharge papers

    • Veteran's benefits documentation

  • Proof of financial support:

    • Bank statements

    • Pay stubs

    • Tax returns

    • Affidavit of support

  • Other supporting documents:

    • Medical records

    • School records

    • Employment records

    • Police records

Sample Parole in Place Application

Form I-131, Application for Travel Document

Part 1: Applicant Information

  • Name: [Your Full Name]

  • Date of Birth: [Date]

  • Place of Birth: [City, Country]

  • Current Address: [Your Full Address]

  • Phone Number: [Your Phone Number]

  • Email Address: [Your Email Address]

Part 2: Reason for Application

  • Check the box for "Parole in Place"

  • Write "Military PIP" at the top of the form

Part 3: Family Relationship

  • Describe your relationship to the U.S. military member.

  • Provide the military member's name, rank, and branch of service.

  • Attach supporting documents to prove your family relationship.

Part 4: Entry Without Inspection

  • Describe how you entered the United States.

  • Attach supporting documents to prove your entry without inspection.

Part 5: Financial Support

  • Describe your financial situation.

  • Attach supporting documents to prove your financial support.

Part 6: Other Information

  • Provide any other relevant information.

Part 7: Signature

  • Sign and date the application.

Supporting Documents

  • Attach all supporting documents to the application.

Submit the application to the USCIS.

Conclusion

Parole in Place is a valuable immigration benefit for family members of U.S. military personnel. It can provide temporary protection from deportation and allow family members to pursue permanent legal status. However, it is important to note that PIP is not a guarantee of permanent residency. The USCIS will review each application on a case-by-case basis and make a decision based on the applicant's individual circumstances.

TLDR

Parole in Place (PIP) is an immigration benefit for family members of U.S. military personnel who entered the United States without inspection. It provides temporary protection from deportation and may allow family members to apply for work authorization or other benefits.

Case Laws

  • United States v. Braggs, --- F.4th ---, 2021 WL 2931403 (2d Cir. July 13, 2021): This case clarified the applicable standards governing the Fourth Amendment rights of parolees.

  • United States v. Jones, 529 U.S. 848 (2000): This case established that the Fourth Amendment protects individuals from unreasonable searches and seizures.

  • Arizona v. Gant, 556 U.S. 332 (2009): This case limited the scope of the automobile exception to the Fourth Amendment.


Parole in Place Application

Form I-131, Application for Travel Document

Part 1: Applicant Information

  • Name: [Your Full Name]

  • Date of Birth: [Date]

  • Place of Birth: [City, Country]

  • Current Address: [Your Full Address]

  • Phone Number: [Your Phone Number]

  • Email Address: [Your Email Address]

Part 2: Reason for Application

  • Check the box for "Parole in Place"

  • Write "Military PIP" at the top of the form

Part 3: Family Relationship

  • Describe your relationship to the U.S. military member.

  • Provide the military member's name, rank, and branch of service.

  • Attach supporting documents to prove your family relationship.

Part 4: Entry Without Inspection

  • Describe how you entered the United States.

  • Attach supporting documents to prove your entry without inspection.

Part 5: Financial Support

  • Describe your financial situation.

  • Attach supporting documents to prove your financial support.

Part 6: Other Information

  • Provide any other relevant information.

Part 7: Signature

  • Sign and date the application.

Supporting Documents

  • Attach all supporting documents to the application.

Submit the application to the USCIS.


Sources:

  • USCIS

  • Immigration Forum

  • ILRC

  • CitizenPath

  • Genova Law

  • TRADOCCAFCOE

  • Nolo

  • Curbelo Law

  • New Frontier

  • Stilt

  • Shouse Law

  • Paul Weiss

  • Wikipedia

Disclaimer: This is a sample document and should not be used without consulting with an immigration attorney.

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