Oddly, the Same 212(d)(5) is Used at the Border for Asylum and in Military PIP: A Call for Fairness in Family Parole-in-Place

Jun 11, 2024

Family Parole-in-Place (PIP) is a potential avenue for undocumented family members to obtain legal status while remaining in the country. To understand how a broader Family PIP policy could be structured, we can look to the existing Military Parole-in-Place framework for military families as a model. This policy, detailed in various USCIS memos, has provided crucial relief to many families of military personnel by allowing them to stay in the U.S. and work legally. The existing Military PIP policy primarily benefits the spouses, parents, and children of active-duty military members, veterans, and enlistees. According to the USCIS policy memo from November 23, 2016 (PM-602-0114), PIP can be granted to family members of individuals who have served in the U.S. Armed Forces, provided they were not dishonorably discharged. This policy acknowledges the unique sacrifices of military families and aims to support their stability by preventing the separation of family members due to immigration issues. One key aspect of the current Military PIP policy is its discretionary nature, meaning each case is reviewed individually, considering factors such as the family member’s ties to the community, their moral character, and the potential impact on military readiness and morale. However, it is important to note that Military PIP is not a "blanket waiver" for a broad range of possible immigration violations, such as prior removals, multiple reentry issues, being caught with false documents, false claims to U.S. citizenship, and more. Additionally, Military PIP does not extend to individuals who may have entered with a visa and overstayed. These individuals are currently left out, which is another gap that a broader Family PIP policy could address. By including those who have overstayed their visas, a Family PIP policy could provide relief to a significant number of families who currently have no viable path to legal status. Given the success and positive impacts of the current Military PIP policy, expanding this framework to include a broader range of family members, or implementing a Family PIP policy, could offer similar benefits on a wider scale. This expansion could help more families remain united, particularly in cases where deportation would cause undue hardship. For example, many families have already invested thousands of dollars in government fees and lawyer fees to process I-130 Petitions with DHS USCIS, I-601A provisional waivers with DHS USCIS based on a qualifying relative spouse or parent, and Consular Processing filings with the National Visa Center Department of State. These routes are not only costly but also time-consuming, often taking 5-6 years to process. Comparatively, downloading the CBP One app and showing up for asylum is a much faster process. The parole entry given would be used with the same U.S. citizen spouse or U.S. citizen child 21 and over to file for the same Adjustment of Status under INA § 245(a). This can be adjudicated by either DHS USCIS or the immigration courts, giving lawyers options, while traditional asylum processes are sidelined. Additionally, it is crucial to note that parole issued at the border for new populations seeking asylum does indeed allow relief for prior removals with an oft-misunderstood I-212 waiver, unlike what Military PIP can offer. USCIS frequently denies Military PIP in their discretion where prior removals exist. This inconsistency highlights the need for a more equitable approach. There are also scenarios where a child who is not yet 21 but has entered the military can enable Military PIP for their family. Military PIP can be granted and renewed until the child reaches 21 or the spouse becomes a U.S. citizen, offering a temporary bridge for families during these critical years. In conclusion, examining the current Military PIP policy for military families provides valuable insights into how a broader Family Parole-in-Place program could be structured and implemented. By leveraging the existing framework and ensuring a compassionate and fair review process, we can support more families in achieving stability and security. As we look to the future, it’s crucial to continue exploring policies that recognize the importance of family unity and the contributions of immigrant communities to the fabric of American society. As your trusted immigration lawyers in Sacramento, CA, and Mesa, AZ, and dedicated abogada de inmigración, we are committed to providing expert legal services tailored to meet your needs.

Jun 11, 2024