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USCIS Clarifies and Expands Immigration Benefits for Military Families

November 24, 2016

USCIS Clarifies and Expands Immigration Benefits for Military Families

Author: NYC Immigration Lawyer Alena Shautsova

USCIS published new memorandum explaining and expanding benefits for military families. Specifically, the memorandum clarifies that adult sons and daughters of former or present military personnel can apply for parole in place.  It is true for deceased  or discharged members of the military as well, as long as the discharge was honorable.

Parole in place is an important benefit that 1). allows to adjust those who have immigration petitions filed by immediate relatives; and 2). allows its holders to apply for an employment authorization.

Importantly, USCIS clarified that relatives of enlistees are also  eligible for these benefits. Of course, each case would be decided on specific facts.

USCIS: ” Because covered military personnel and veterans generally will be U.S. citizens or lawful permanent residents (or, in the case of MAVNI, soon-to-be U.S. citizens or lawful permanent residents), their sons and daughters will often be on paths to lawful permanent resident status and eventual citizenship. See INA § 203(a), 8 U.S.C. § 1153(a). Parole in place or deferred action would therefore serve as a temporary bridge for such sons and daughters while they apply for and await adjudication of their applications for lawful permanent resident status. ”