Military Parole in Place (MPIP) is an immigration program created to help certain family members of U.S. military servicemembers who are or were on "active duty."

The benefits of MPIP include creating a pathway to permanent residence (green card) and eventual citizenship for qualifying family members.

Military Parole-in-Place is available for spouses, widows, widowers, parents, and children (regardless of age) of current or past U.S. military servicemembers on "active duty" who last entered the U.S. unlawfully (without a visa, inspection, or admission).

For purposes of MPIP, the U.S. servicemember must either:

• Be on active duty in the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard; or

• Be in the selected reserve or the ready reserve; or

• Have previously served on active duty or in the selected reserve of the ready reserve and was not dishonorably discharged.

Under U.S. immigration law, if you are the "immediate relative" of a U.S. citizen (e.g. spouse, parent, or child), then you might be eligible to adjust status to permanent residence (obtain a green card).

However, if you last entered the U.S. unlawfully (e.g. without a visa or without inspection/admission, such as by crossing the border illegally), then you are prohibited from adjusting status (obtaining a green card in the U.S.).

In that situation, you would have to schedule an interview at a consulate abroad in your home country or a safe third country if necessary. But, upon traveling to the interview, you would likely trigger the "unlawful presence bar," requiring you to stay outside the U.S. for 10 years before returning.

Enter MPIP. If you qualify for MPIP, then you can obtain "parole" without ever leaving the U.S., thus bypassing the 10 year unlawful presence bar by opening a door to adjustment of status in the U.S.

In the prior section, we explained how MPIP could avoid the 10 year unlawful presence bar and allow you or your immediate relative to adjust status in the U.S.

However, there are other potential disqualifying incidents that might prevent you from obtaining MPIP.

For example, if the immigrant relative has been convicted of certain criminal offenses, he or she might be disqualified from MPIP.

Also, if the immigrant relative has been ordered removed/deported, he or she might not qualify. But, note, that an attorney could work to fix this.

Further, if the immigrant relative accrued more than 6 months of unlawful presence in the U.S., departed the U.S., and then returned unlawfully, he or she might be subject to the "permanent bar" and be ineligible for MPIP. Again, though, note that an experienced attorney might find ways around this issue.

If you are a U.S. servicemember or veteran, get your enlistment/discharge paperwork and make an appointment to speak with an experienced attorney, like Eric Adams at our law firm, to review eligibility.