How Parents of Children in the Military Can Obtain Green Cards

Parents of U.S. military members may have legal pathways to obtain a green card, even if they entered the United States without authorization. Immigration policies have some unique provisions for the immediate relatives of U.S. citizens, and specific programs for military families can offer relief. Here’s a guide on how parents of military children can navigate the process.

1. Eligibility for Parole in Place (PIP)

One of the primary ways that parents of active-duty military members, veterans, and reservists can regularize their status in the U.S. is through a program called Parole in Place (PIP). PIP is designed specifically for military families and allows individuals who entered the U.S. without inspection (illegally) to apply for a legal status without leaving the country.

• What is PIP? Parole in Place grants temporary legal status and protection from deportation to certain family members of U.S. military members. With PIP, parents who entered without inspection can apply for a green card while staying in the U.S.
• Who qualifies? Parents of:
  • Active-duty military members
  • Veterans who served honorably
  • Selected members of the Reserves
• Benefits of PIP:
• Protection from removal (deportation)
• Eligibility to apply for a work permit (Employment Authorization Document)
• Ability to adjust status to a green card holder, if otherwise eligible

2. Adjustment of Status through a U.S. Citizen Child

In the U.S., immediate relatives of U.S. citizens (including parents) are often eligible for a green card. If your child is a U.S. citizen and is at least 21 years old, you may be able to adjust your status to lawful permanent resident (green card holder), provided you meet the other eligibility criteria.

• What about illegal entry? Normally, individuals who entered the U.S. illegally (without inspection) are barred from adjusting their status through this process. However, PIP allows parents of military members to be “paroled” into the U.S., which can effectively erase the unlawful entry for adjustment of status purposes.

3. Applying for a Green Card

If granted Parole in Place, the next step is to adjust your status. Here’s a step-by-step guide:

1. File Form I-130 (Petition for Alien Relative): Your U.S. citizen child must file this form on your behalf.
2. File Form I-485 (Application to Adjust Status): After the I-130 petition is approved, file this form to adjust your status to a permanent resident.
3. Complete a Medical Exam: As part of the process, you’ll need to undergo a medical examination conducted by a USCIS-authorized doctor.
4. Submit to Background Checks: This includes fingerprinting and security checks to ensure you’re eligible for a green card.
5. Attend the Green Card Interview: Once the forms and background checks are completed, you’ll attend an interview with a USCIS officer.
6. Receive Your Green Card: If approved, you’ll receive your green card and become a lawful permanent resident.

4. Waivers for Other Barriers

In some cases, military parents may have other immigration violations, such as previous deportation orders or criminal records. In these cases, additional waivers may be required, such as:

• I-601A Provisional Unlawful Presence Waiver: This waiver can sometimes forgive prior unlawful presence in the U.S., which would otherwise bar an individual from reentering the country or adjusting status.
• Other Waivers for Misrepresentation or Criminal Grounds: Depending on the circumstances, other waivers might apply, which allow certain violations to be forgiven, enabling individuals to obtain legal status.

1. Additional Support Programs for Military Families

Beyond PIP, the U.S. government offers additional resources to support military families in their immigration process:

• Deferred Action for Military Family Members: This program can offer protection from deportation for immediate relatives of military members.

6. Consult an Immigration Attorney

Contact our office before starting the process. Immigration laws are complex, and each individual’s situation is unique. An attorney can help ensure you understand your options, avoid legal pitfalls, and complete the required forms accurately.

Parents of U.S. military children who entered the country illegally have special protections and pathways available to them under U.S. immigration law. Programs like Parole in Place allow military families to stay together, and by following the right steps, parents can obtain their green cards without leaving the country. Through proper guidance and use of these programs, families can find a legal and secure path to permanent residency.