On November 15, 2013, USCIS issued a new policy memorandum outlining procedures for "Parole In Place," granting certain benefits to spouses, parents and children of certain military personnel.

This is good news. It's a recognition that worrying about immigration status of family members is severe enough a condition to warrant a very sparingly used benefit.

You can read the full memo here.

We've boiled it down; here is what you need to know:

What Is "Parole In Place" (PIP)?

• Parole in place is an immigration benefit that makes your entry into the United States lawful, without having to leave the United States, even if you entered the United States without inspection.
• If you are granted "Parole In Place," you will be "paroled" into the United States.  This is not the same as being admitted with a visa, but it does allow, under some circumstances, for you to apply for permanent residence.  Usually this means because you are married to a US citizen, but there are other times it may apply.
• While you are "paroled in place" you will not be deported.  
• PIP is granted in one-year increments, so every year you would have to renew it if granted.
• There is no age limit or physical presence requirement to apply for PIP.

Who Can Apply For PIP?

You must have a parent, spouse, or child who is serving, or has served in:

• US Army
  
• US Navy
• US Marine Corps
• US Air Force
• US Coast Guard
• Selected Reserve of the Ready Reserve

Remember, either someone currently serving or a veteran of one the above-named units.

How Do I Apply?

Submit Form I-131 (without a filing fee) to your local USCIS Office, with two color photographs, proof of your identity, relationship with the qualifying relative, and proof of your qualifying relative's current or former service in the US Armed Forces or Selected Reserve.  You should also submit proof of any positive or countervailing equities, such as absence of a criminal record.

My Spouse (Or Parent Or Child) Is Out Of Status; Can I Enlist In The Army To Help Them?

So far, it appears the answer to this question is yes, but there is no way to tell how USCIS might view this.  It is important to remember that PIP is discretionary.  If USCIS says no, there is no way to appeal the decision.  And the memo does not contain any provisions about not sharing information provided with ICE, which may inadvertently put your loved one on ICE's radar.  (When deferred action, or DACA, came out, there were assurances made by USCIS that information collected by DACA applicants would not be used to initiate removal proceedings.)  

Also - some military branches such as the Navy and the Marine Corps - do not allow new applicants who have dependents (spouses and children) who are out of status.  Whether these requirements can be amended for PIP purposes is something we will have to wait and see.

We are able to direct prospective applicants and will be using PIP as a viable means of immigration relief for people who otherwise might not have any options.  If you have a relative who served in the US Armed Forces, or yourself served and have a parent, spouse or child out of status, contact us by completing the form below to see if we can help.  You might want to join our LawFeed, to stay on top of updates as they come out.

Immigration applications frequently require the applicant to prove that he or she was physically present in the United States on a certain date.

Back in the days of 245(i), it was proving physical presence on December 21, 2000.  For cancellation of removal, you have to show 10 years in the US.  For deferred action, or DACA, you have to show you were under 16 and in the US prior to June 15, 2007.

And so a lot of people run into problems.  If you don't have status, you might not have a paycheck stub or a rental or lease agreement.  Any pictures you might have are probably undated.

That's where creativity comes in.  As lawyers trying to find the best way to help our clients, sometimes it's the small things that can make a huge difference.

A young Dreamer came to see us who entered the US at age 14, but since she didn't start school until 16, she had no proof that she was in the United States when she was under 16.

I told her, bring anything you can from that time period.  All she could find were three pictures.  They were taken when she was 14, and they happened to be from a sightseeing trip in Washington, DC.  That was good: it's easy to tell the pictures were taken in the United States.

But there was no date on the pictures.  I looked on the back; no photo date print, either.  The pictures could have been taken in 1993, 2003, or 2013; there was no way to tell.

I usually look for pictures of cars.  If it's close enough, one good way is to look at the license plates and see the month and year the plates expired.  Yes, it's possible for someone to drive around with expired tags - but remember, the burden of proof is a preponderance of the evidence - you only have to show a 51% likelihood.

There were no cars in any of the pictures, unfortunately.

But then I noticed a construction barrier in one picture around the Washington Monument.  I asked my client if she got to see the Monument that day, and she said no, it was closed.  A quick Google search pulled up articles that the Monument was closed in September 2004 and reopened in April 2005.  During that time, there were indeed "Jersey walls" - movable concrete barriers - to close the Monument to pedestrian, vehicle and tourist traffic.

Now, it's possible that the photograph was "Photoshopped."  It's possible the Monument was closed after my client turned 16.  It's possible that...

But again - it's important to remember the burden of proof.  By using these pictures as documentary evidence supporting an affidavit, that burden was sustained, and USCIS approved the deferred action application.

Years ago we had a 245(i) case wherein we proved physical presence in December 2000 with a picture that showed the applicant at a Home Depot, wearing an orange apron with his name and a logo that said "Proud Sponsor - Sydney Olympic Games" and - what Providence - there happened to be a Christmas tree in the background.  (The Olympics were held in Sydney, Australia in the year 2000).

More frequently, we use tagged photos on Facebook; while individually they might not carry much weight, photos that have been tagged and commented on by multitudes of people are much harder to fake.

The point is, as I've advised my clients many times - it's impossible to live in the United States and not leave a trail.  You just have to know what you're looking for.  And a picture is usually worth a thousand words.

Hassan M. Ahmad, Esq.