Know more about how the United States immigration process works and how the process applies to you and your family. For more information, call 980-237-3743 to schedule your free consultation with Attorney Omole.
In honor of Memorial Day, it is fitting to recognize how the United States immigration system uniquely benefit those who served and are currently serving in the U.S. armed forces. These benefits typically extend to their immediate family members (spouse, child, or parent) as well.
Parole In Place
Parole In Place, also known as PIP, is a special rule that applies only to non-citizen immediate family members of an active duty military personnel or veteran. The rule waives the requirement to be inspected by an immigration officer upon entry into the United States. This means that the spouse, child or parent of an active duty military personnel or veteran who entered the U.S. illegally does not have to leave the U.S. to obtain an immigrant visa in their own country before applying for green card. If not for PIP, such individual would have to leave the U.S. to apply for an immigrant visa in their own country and be subject to a three or ten year bar.
Green Card / Citizenship
If you are a surviving immediate family member of a U.S. citizen killed while serving on active duty with the U.S. armed forces, you are eligible to apply for citizenship immediately. But what if your military personnel family member was killed in action before becoming a U.S. citizen? The next of kin can get posthumous citizenship for the deceased military personnel. The application must be filed within two years of death, and the citizenship will be awarded as of the date of death. At this point, the surviving family member can apply for green card. The green card application must be filed within two years of the military personnel’s death. Under this circumstance, the public charge ground for inadmissibility does not apply to the surviving family member. Which means, unlike a typical application for green card, surviving family member does not have to show that he/she would be financially sufficient.
In certain circumstances, USCIS offers expedited services for members of the U.S. armed forces and their family members. such circumstances include, but are not limited to, pending military deployments, emergency, or humanitarian situations. Applications for expedited services are reviewed on a case by case basis.
Do you have questions or need more information?
For more information on this and other immigration issues, call Omole Law Office at 980-237-3743 or email us at [email protected]