Military PIP is a program for noncitizens who enter the country illegally. Eligibility would include some family members of active or veteran (alive or deceased) members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve if the military member left the military with an honorable discharge. The family members who might benefit may include certain:
- Spouses
- Widows or widowers
- Young sons and daughters and adult sons and daughters who are single or married
- Parents
Our military PIP attorneys in Scottsdale, AZ, can determine if you are a likely candidate for this program.
Benefits of Military PIP
The military PIP benefits for family members under this policy are:
- A one-year authorization to stay in the U.S. with receipt of an I-94 record showing your status as a legal visitor. This protects recipients from deportation risks during the year.
- Renewable PIP – If you believe you will need more time, you may start the renewal process months before your current PIP expires.
- Freedom to apply for a work permit using Form I-765.
- Potential eligibility to apply for an “adjustment of status,” which could allow you to get a green card and become a permanent resident.
- Staying in the U.S. while applying for a green card rather than returning to your home country and working through the consulate.
- Avoiding the three- and 10-year bars from reentering the U.S. if you initially entered illegally and then voluntarily left.
Eligibility for Military PIP
Several factors are taken into consideration when determining eligibility to apply for PIP. To qualify, you must be the spouse, widow, widower, parent, or unmarried child under the age of 21 of someone:
- Serving on active duty in any branch of the armed forces
- Enrolled in the Selected Reserve of the Ready Reserve
- Who was previously enrolled in Selected Reserve or on active duty and was not dishonorably discharged, whether that person is living or deceased
In addition, you must be able to prove a need related to a humanitarian crisis or significant public benefit under 8 C.F.R. § 212.5. Furthermore, you must be physically present in the United States, lacking lawful admission.
If you have a qualifying military family member who was lawfully admitted to the U.S. and overstayed, PIP is unavailable. In this situation, an experienced immigration attorney in Scottsdale can help you review other options available.
Applying for Military PIP
Immigration law is complicated with its attendant forms and required supporting documents. Working with an immigration attorney from our law firm who is knowledgeable will generally smooth the process while relieving you of a significantly stressful challenge.
Steps to apply for a PIP include:
- Complete U.S. Citizenship and Immigration Services (USCIS) Form I-131: Application for Travel Document.
- Provide documents proving your relationship with the military member, such as a marriage or birth certificate.
- Provide a copy of your family member’s military ID card to verify they are or were in the military.
- Provide passport photos.
- Provide any other favorable information that may support your application (our attorneys will provide suggestions based on your personal situation).
The processing time changes, but over the past few years, it typically runs between three to six months.
Denial of Military PIP
Screening for PIP is rigorous and performed on a case-by-case basis. Authorities can deny it for various reasons, such as:
- Entering the country legally and then staying past your allowed time
- Having a criminal record
- Having a history of immigration violations
- National security risk
- Public health safety risk
Fighting a Denial of PIP
You can appeal a denial, but you will have few options left if authorities deny your appeal. If your application denial concerns an error you made while filling out the forms or a lack of sufficient supporting evidence or documentation, resubmitting the corrected forms with the appropriate documentation could reverse the denial.
Before you take any steps to fight a denial, we suggest you speak with our immigration attorneys, who understand the complexities of the military PIP program.
For a free case review with an Immigration lawyer, call