IMMIGRATION

Discretionary Options for Military, New Recruits and their Families

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Discretionary options are provided such as permission to temporarily stay in the country (“parole in place”) or deferred action , which are determined according to each individual case.

Permit of Temporary Stay in the Country (“Parole in Place”)

You may be eligible if the spouse, widower, parent, or child of:

  • An active duty member of the U.S. Armed Forces
  • A member of the Selected Force of the Armed Forces Reserve.
  • A person (living or deceased) who previously served on active duty in the Selected Reserve Force and was not dishonorably discharged.

If you entered the United States legally, but remained in the country beyond the time established by your visa (or are in the United States beyond your authorized period of stay), you are not eligible to obtain the permit temporary stay in the country because you are not an applicant for admission. However, you are eligible for deferred action.

To request a permit to stay temporarily in the country, you must present the following documents:

  • Form I-131, Application for Travel Document.
  • Evidence of family relationship, example:
    • Marriage Certificate.
    • Documentation evidencing a previous marriage termination.
    • Child’s birth certificate.
    • Military’s birth certificate that includes the name of the father / mother.
    • Proof of enrollment in the Defense Enlistment Eligibility Reporting System.
  • Evidence that your relative is a current or former member of the United States Armed Forces-
  • Evidence of any additional favorable factors you wish to have considered.

Deferred Action

Deferred action is a form of procedural discretion to defer a person’s deportation for a specified period of time. If USCIS grants you deferred action, the Department of Homeland Security considers you to be legally present in the U.S. for the period that the deferred action is in effect. Deferred action does NOT confer legal status on you, nor does it excuse you from any period of present or future unlawful presence.

Under existing law, if your case has been deferred, you are eligible to apply for employment authorization for the period of deferred action, if you can demonstrate “economic need for employment.” DHS, at its discretion, may cancel deferred action at any time.

You may be eligible for deferred action in two-year increments if you are the spouse, widower, parent, or child of:

  • An active member of the US Armed Forces
  • A person from the Reserve’s Selected Force.
  • A person (living or deceased) who previously served on active duty in the Selected Reserve Force and was not dishonorably discharged.

To request deferred action, you must submit the following documentation:

  • A letter explaining the basis for the request for deferred action.
  • Copy of DD Form 4, Recruitment Document.
  • Evidence of other factors that support the exercise of favorable discretion by way of deferred action.
  • Proof of family relationship, if your request is based on a family relationship with the military, veteran, or recruit such as:
    • Marriage certificate, documentation that evidences a previous marriage termination, child’s birth certificate, military’s birth certificate that includes the father / mother’s name, proof of enrollment in the Enlistment Eligibility Reporting System of the Defense.
  • Proof of residency in the United States at the time of the relative’s death (if surviving relative).
  • Proof of identity and nationality.
  • If applicable, any document that the foreign national will use to legally enter the United States.
  • Form G-325A

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