The Military Parole in Place program offers potential relief, but the process can be complex. Here are some frequently asked questions to shed light on Military Parole in Place and the general steps involved:
1. Can I apply for Military Parole in Place if my U.S. citizen spouse is deployed overseas?
Yes, active duty status typically applies to deployed service members as well. Confirming eligibility involves details about your spouse’s deployment orders and military branch to ensure they meet the program’s requirements. For instance, some deployments might involve temporary inactive duty periods.
2. What if I have a criminal record? Can I still get military parole in place?
Certain criminal offenses may impact your eligibility, such as felonies or crimes involving moral turpitude. An immigration lawyer with experience in military immigration can advise you on the potential consequences and explore any possible waivers or exemptions that might apply to your situation. They can also help gather documentation to mitigate the impact of past offenses, such as police reports, court documents, or proof of rehabilitation.
3. What happens if my military parole in place application is denied?
An immigration lawyer can analyze the denial notice and advise you on potential next steps. This might involve appealing the decision to USCIS or exploring other immigration options, such as visas for fiancés of U.S. citizens or options for lawful permanent residency through employment.
4. What are some of the common mistakes people make when applying for Military Parole in Place?
Common mistakes include incomplete applications with missing documents, failing to meet deadlines for submitting forms, providing inaccurate information, and failing to seek legal advice from an immigration attorney experienced in military immigration matters. A lawyer can help you avoid these pitfalls and increase your chances of a successful application.
5. How long does the Military Parole in Place process typically take?
Processing times can vary depending on individual circumstances and current USCIS workloads. They can range from several months to a year or more. An immigration attorney can provide a more accurate estimate for your specific case based on current processing times and the complexity of your situation.
6. What documents are typically required for a Military Parole in place application?
Documents often include proof of your relationship to the U.S. citizen service member (marriage certificate, birth certificate, etc.), evidence of the service member’s active duty status (military ID, deployment orders), and proof of your own identity and nationality (passport, ID). A lawyer can ensure you have all the necessary documentation and that it’s properly formatted and presented to USCIS.
7. Can I travel outside the U.S. while my Military Parole in Place application is pending?
Generally, it’s not advisable to travel outside the U.S. while your application is being processed. Doing so could jeopardize your application and potentially lead to removal proceedings by Immigration and Customs Enforcement (ICE).
