Is it possible to get Parole in Place for a military spouse who is in immigration court proceedings?
Yes, but there are no guarantees that you will be granted parole in place or PIP if you are in deportation proceedings. In February 2012 a Schaefer Law Firm client was granted parole in place while he was in immigration court proceedings and the immigration court case against him was dismissed. He is now in the process of applying for a green card based on his marriage to a United States citizen (who is currently on active duty in the military).
If you can get parole in place in immigration court proceedings, why do some people take the risk and apply before they end up in immigration court?
Simply put, immigration court proceedings are stressful, expensive and can take a long time. If you are a good candidate for parole in place, you should discuss your case with an immigration lawyer before you find yourself in immigration court. For many people who are good candidates for parole in place, it will be better to apply for PIP before they find themselves facing the stress of immigration proceedings and deportation. In addition to avoiding court (and possible immigration detention), this can provide the most direct route to obtaining a green card.
Many people also apply before ending up in a crisis situation because they are tired of being afraid of being discovered by immigration and want to do whatever they can to fix their immigration status.
But, you should make sure that you are a good candidate for parole in place before you take any steps to apply for it. Although my client’s PIP application was approved, it is important to note that there is no guarantee that any PIP application will be approved. With this in mind, I strongly encourage you to consult with an immigration lawyer as the first step in deciding what the best course of action is for you.