U.S. military family members who entered the U.S. illegally may now qualify to receive green cards and other US immigration benefits.
General Rule
Foreigners who enter the U.S. illegally are prevented from obtaining green cards or other benefits. They must nearly always depart the U.S. and return legally on a visa.
Problem
Often, foreigners have been in the U.S. for years and so will likely trigger a 10 year bar upon departing from the US, married or not. There are very few exceptions that will allow a foreigner to remain in the U.S. and obtain a green card without the need to first return home reenter legally. See Entered the US Illegally.
Military Exception
According to a USCIS Policy Memorandum dated November 15, 2013, military personnel and military veterans may now seek to obtain green cards for family members in the US without the need for them to return to the home country, thereby triggering a bar upon departure. This means that military family members may obtain green cards while remaining in the US.
Which military members qualify to help foreign family members?
- Active Duty Members of the U.S. Armed Forces,
- Selected Reserve of the Ready Reserve, and
- Former Members of the U.S. Armed Forces or Selected Reserve of the Ready Reserve
U.S. Armed Forces are the Air Force, Army, Coast Guard, Marine Corps, and Navy. All are either active duty (full-time), reserve & guard forces (usually work a civilian job, but can be called to full-time duty), and veterans and retirees.
Which foreign family members qualify to receive green cards?
- Spouses, minor unmarried children, and parents of military members.
As with all immigration matters, the USCIS has discretion whether or not to grant parole in place so that foreigners may obtain green cards. This is not a change in law, but a change in policy by the Obama administration. You definitely want to make sure the policy is still in force and understand its rules, so hiring an attorney at a reasonable cost to assist is important.
Often, US residents will consider joining the military in order to try and obtain immigration benefits for family members who entered the US illegally. An extreme example would be where a green card holder joins the military in order to immediately apply for US citizenship, then legalize the status of a foreign spouse and children in the US illegally.
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Thank you for this article. My question is, I have an A6C stamped in my visa
Does this possibility also apply for this category?My son has joined NAVY.
II appreciate more information, most articles do not address this category.
In my case the A6C stems from incidents dated 25 yrs ago.
Thank you, have a great day ! Rita Huisman.
Rita, Greetings. I am not sure what A6C means. An A visa is a diplomatic visa with restrictions. 212(a)(6)(C)(i) refers to misrepresentation. I suspect you are referring to misrepresentation. There is not enough information to know how to proceed. If you have an interest in possible working with me on your immigration filings, can you please contact me off post to discuss? Kind regards, Allan
This is a very good article, I would just like to ask if the petition will be faster for my spouse to get a green card since I am an active U.S. Navy? And my wife entered the U.S. legally but recently her passport expired last November 2014, will it delay her petition? Need your kind advice thanks so much!
Aaron? If you are a U.S. citizen then green card or marriage via processing will not be quicker because you are in the military. Sometimes, cases can be expedited for good cause, such as pending deployment. As for the passport, can you please call me to discuss? I’m sure something can be worked out. Kind regards, Allan
My current fiance’ who I plan on getting married to possess a visa to enter the U.S. legally but has no other ties here. I want to ask since she does not have a social or any US binding documents is it possible for me to still marry her and she receive her green card. I am current active duty military as well, and am very unfamiliar with all of this. I just want to be able to be with the girl I love and have her always here with me! Thank you so much for the help!
Thomas, Greetings. Parole in place is for those foreigners who entered the U.S. without going through inspection at a port of entry. Your fiancee entered the U.S. legally, so parole in place would not apply. Instead, you have to be concerned about misrepresentation at the time of her entry. For example, if she represented herself to be a visitor upon entry, then normally a visit has an ending point. You can marry her in the U.S. if you like, but then normally she should depart the U.S. when her visit ends. Trying to change from a visitor status to an immigrant status has risks. This sort of matter should be handled by a phone call and not an online post, if that makes sense. Separately, you can marry in most States in the U.S. even if the foreign does not have a SSN. Typically, a passport is all she needs. Please contact me off post if you would like to discuss options. I hope to hear from you. Kindly, Allan
Hi I was wondering if this benefit would apply to someone who came on a fiancee visa but ended up not marrying the guy that petitioned her and instead married a man in the us military. Can she take advantage of this?
Lem, Unfortunately, no. She was admitted on a K1 status so there is no parole status for her. If she has an interest in working with an attorney and does not already have one, I would be glad to discuss possibilities. Kindly, Allan
Hello i have a question, my girlfriend she is in the military and we want to get marry, i have daca permisson to work and i enter illegal , do I qualify for the parole?
Jaime, It is possible you can qualify. Would you like to have a phone discussion? Very kindly, Allan