Parole in Place Military Green Card for Spouse Parent and Child

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Hi this is Kaushik Ranchod here with Brian for our weekly immigration update and today, what we’re going to talk about is how children that are in the military can sponsor their parents or a spouse or a parent can sponsor their spouse or child or a parent.Also I want to let you know that as appreciation for all of you out there who have been watching us

I wanted to let you know that we are having an end of the year client appreciation where we will be giving clients a significant discount until the 24th of December and you can call us at (916) 613-3553

Alright so one of the questions that I get is:

My child is in the military, can he sponsor me?

So if your child is in the military they can file what’s called parole in place for you which is a way for you to get advanced parole and also work authorization and they can do this even if they’re not 20 years of age – they can file for the parole in place for you and the best part is that even if you enter without inspection 1 time you can overcome that with this parole in place and you would not need to leave the United States so you wouldn’t need a waiver.If your child is 21 or older and a US citizen they can, after the parole in place is obtained, file for a green card for you.

Now, this also works if your spouse is in the military or your parent’s in the military so in essence the parole in place overcomes that illegal entry and then the normal green card rules apply after that, whether or not you are eligible to apply for a green card based on the relation to your relative.

Ok, so Brian what other kind of questions have we been receiving about the parole in place or the clients have that retained us and we were able to get those cases approved?

I have to give you the disclaimer: just because we get them approved doesn’t mean your case will get approved but we will be able to advise you whether or not you have a good case – you can call us at (916) 220-3137 or ask your question below.

So one of the questions just to clarify: if I have an 18 year old son who is in the military I can obtain the parole in place but not necessarily the green card right away is that correct?

That is a fantastic question. So normally (in the normal immigration process) your child needs to be 21 years old in order to be able to petition for you. That’s also another question we’ve received:

My child is a US citizen, can they petition for me?

So they can normally file what’s called an I-130 petition if they are under the age of 21 they can file parole in place and you can get work authorization and the travel document but they can’t start the green card process until they turn 21 but once they turn 21, BOOM! they can apply for the green card so this parole in place is extremely powerful, it’s a way for you to get a green card because a lot our clients get worried when they file for the Waivers that they have to leave the United States when they file for the Waivers but in this situation you don’t have to leave the U.S.Even with the I-601A waiver, if you leave, you’re going to have that Waivers approved but that’s a whole other topic, check out our videos for that – here the bottom line is that for this you don’t need to apply for a waiver.

Another question from clients about the parole in place is they’re afraid of the word “discretionary” what does that mean?

Does it mean that every single parole in place:

  • Will be approved?
  • Does it mean that every military has the right to be approved?
  • What does the word discretionary for immigration mean?

I understand if you are afraid of that word, discretionary, because it’s a big word and it means basically that it is up to the USCIS officer on whether or not you application will be approved and that’s where we come into play as immigration attorneys. We create a case explaining why your case should be approved so things they look at are:

  • Do you have good moral character are you a good person?
  • Do you have any other violations?

What we do is demonstrate why you are deserving of getting the parole in place and that’s why it’s really important to hire an excellent Immigration Attorney who has(I recommend) at least over a decade of experience in preparing these cases.

I want to go back to one of the questions that we got here:

If you’re 21 and you’re a US citizen can you apply for a parent?

That is one of the questions we got last week that I wanted to answer for you – yes you can apply, but if you have an illegal entry then you are not eligible for an I-601A Waivers per se: the child could file a petition for you but when you get to the I-601A Waiver you’re going to need to have a different kind of relationship there in order to qualify.

Brian, have we got any other questions about the parole in place?

Not about the parole in place but people are asking:

I hear a lot of our clients are green card holders who are afraid of traveling outside of the United States and coming back: they are hearing the news about denied admissions to green card holders at the time of re-entering the United States, is that something that is really happening?

Unfortunately that is something that is happening in my opinion it shouldn’t be happening but it does happen from time to time: my advice would be to not travel.Technically most of our cases are being allowed to re-enter, unless there is an extended amount of time where the green card holder has been absent – for instance more than 6 months: if you’re gone for more than a year then you could very well have your green card taken away from you, so in this time with the current President Trump administration I would recommend not traveling as a green card holder.

At the same time I do understand people get sick, people have family members that get sick. We’ve had in our office a brother of a family member that got sick. They left and came back and didn’t have any problem, but I’m used to exercising extreme caution for you during this time right now and if you’ve been absent for more than 6 months from the United States within a year or have any kind of criminal issue you should consult with an immigration lawyer before you travel because the consequences are extremely serious: you worked so hard to get your green card, you don’t want to lose it so that’s one of the main differences here between the green card and citizenship. When you’re a citizen these issues become irrelevant so if you’re concerned about these issues you may want to consider applying for Citizenship so you don’t have this stress that is on your head every time you travel.

Also as an update, people want to know what has been going on with the President Trump administration. Immigration denials have increased by 40% within the past year – 40%, so that is a huge number that is why it’s extremely important you take your due diligence and hire the best attorney that you can to represent you. In some cases they will just deny a case and that needs to be appealed because unfortunately that is the current administration right now. Thankfully I feel very blessed that overall our success rate is over 95% still, but it has become much more difficult with this current administration, and they are issuing many more RFEs than before so it’s something that we’re fighting every single day to ensure we can prepare the best possible application that we can prepare to make sure that your rights are preserved and it’s really important to know whether or not you should even submit your application.

Sometimes it’s better to not file an application if you contact us we’ll be able to let you know that anyone’s success rate, including ours, doesn’t guarantee success with your case. If you get an evaluation of your case then that will help determine whether or not it’s even a good idea to submit because in some situations it’s better to just wait and build up the strength of your case, file later or not file at all.

Alright so I want to thank you for tuning in and again as an appreciation for tuning in and watching us every week, we are giving our greatest client appreciation promotional discount of the year, so you can contact us at (916) 613-3553 and that’s only going to be available until the 24th.

I just want to thank you for being loyal and tuning in every week we really appreciate you and it is an honor to humbly serve – thank you!

Other information on parole in place