USCIS to Offer Stay of Deportation to Certain Military Family Members

Published: November 15, 2013

Author: Beth Werlin

USCIS to Offer Stay of Deportation to Certain Military Family Members The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system.

WebToday, USCIS issued guidance that is intended to prevent current and former members of the U.S. armed forces from being separated from their noncitizen family members.  The memo indicates that the noncitizen family members may be afforded “parole in place.”  “Parole in place” is a discretionary tool that allows a noncitizen who is in the United States without authorization to remain here, at least temporarily.  The memo says that “absent a criminal conviction or other serious adverse factors,” spouses, children and parents of active duty members, members of the reserves, and veterans should be granted parole in one-year increments.  The new guidance also clarifies that some individuals granted “parole in place” may be eligible to apply for permanent residency (i.e., adjust status), if they are otherwise eligible.

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