New Immigration Benefits for Family of Certain U.S. Armed Forces Members

Published:  November 30, 2013

In recent weeks, the Obama Administration implemented a program allowing for the granting of special immigration status for certain spouses, children and parents of various current and former members of the U.S. Armed Forces.  Qualifying individuals will be eligible to apply for a 1 year and extendable “parole in place” status.  Applicants approved for “parole in place” status become eligible to apply for an  Employment Authorization Document and also may become newly eligible to undergo all resident processing in the U.S. (“adjustment of status” but only by virtue of their spousal or parent/child relationship with a U.S. citizen).

More specifically, the pool of eligible applicants will include unadmitted/uninspected “spouses, children and parents of active duty members of the U.S. Armed Forces, individuals in the selected reserve of the ready reserve or individuals who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve.”  Although the decision is discretionary, applicants with the requisite relationship with one of the above classes of military members will generally be approved.  Applicants with a criminal history or other negative factors will find the process toward approval more challenging, if not prohibitive.

The application process starts with the completion and filing of Form I-131.  Required supporting documentation includes evidence of the claimed family relationship (e.g. birth and marriage certificates), evidence that the applicant’s spouse, parent or child is an “Active Duty member of the U.S. Armed Forces, individual in the Selected Reserve of the Ready Reserve or an individual who previously served in the U.S. Armed Forces or the Selected Reserve or the Ready Reserve” (e.g. photocopy of both the front and back of the service member’s military identification card (DD Form 1173), and two identical, color, passport style photographs.

Applicants with criminal pasts or other negative factors are advised to include additional evidence to support a favorable discretionary decision, although the essential decision to proceed with such an application should only be made after consulting competent counsel.

PUBLISHED November 30, 2013 – “IMMIGRATION LAW FORUM” Copyright © 2013, By Law Offices of Richard Hanus, Chicago, Illinois