Nov 20 2013, 5:22am CST | by PR.com
Brooklyn, NY, November 20, 2013 --(PR.com)-- On Friday, November 15, 2013, USCIS announced a new policy regarding spouses, children and parents of military members which covers not only members of the active military, but veterans and reservists (including past reservists) as well. The policy authorizes a parole in place, meaning that an immediate relative will be paroled into the U.S. and be able to adjust his/her status to one of a permanent resident after he/she entered the country illegally or without inspection and admission. If utilized correctly, the new policy will not only allow peace of mind for soldiers overseas, veterans and reservists but it will also lessen the financial strain on these families.
It is especially relevant to spouses of the covered groups of military. Ordinarily, a person who entered the U.S. without inspection or admission would have to leave the country in order to obtain an immigrant visa. Unfortunately, in majority of situations, the exit outside of the U.S. would subject such a person to 3 or 10 year bar of unlawful presence depending on the length of unlawful stay in the U.S., and in order to return to the U.S. an immigrant would need a I-601 waiver.
The new policy cuts out this unnecessary step and allows a great peace of mind to the immediate relative and the member of the military. The persons who can benefit from the new policy are:
Spouses, Children and Parents of
· Active duty Members of the U.S. Armed Forces
· Individuals in the Selected Reserve of the Ready Reserve
· Individuals previously served in the U.S. Armed Forces or Selected Reserve of the Ready Reserve
The eligible individuals should not have criminal convictions and should submit the following documents:
· Application for Parole on USCIS form I 131
· Evidence of the family relationship
· Evidence of the family member belongs to the eligible group of the U.S. Armed Forces
· Evidence of the additional favorable factors
It is important to understand, that a mere fact that a person is related to somebody in the military does not convey any special status or right. To receive a green card or permanent resident status, a person must still prove that he/she is not inadmissible on any grounds other than those specified in the policy, and must present favorable factors that will allow the USCIS to exercise favorable discretion in favor of parole and, later, adjustment. That is why it is recommended that potential applicants would consult with an immigration specialist prior to submitting their applications and make sure the process would go smoothly with a positive outcome.
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