Immigration Benefits for U.S. Military Family
The U.S. government recognizes the important sacrifices made by members and former members of the U.S. military. In recognition of the service and sacrifice of these honored men and women, U.S. immigration law provides certain key benefits to assist and streamline the immigration process for their loved ones.
Permanent Residence for Family of U.S. Military and Family-Based Survivor Benefits
In general, military spouses and other qualified family members must go through the same immigration processes as everyone else. However, there are some benefits to family members of the U.S. military to allow them to adjust status quickly and without departing the United States. This is a welcome benefit for family members who may have inadmissibility factors such as unlawful presence issues impacting their ability to adjust status.
Parole in Place for Spouses, Children and Parents of Veterans, Reserves and Military Members
Parole-in-place allows spouses, children and parents of active duty or veterans of the U.S. Armed Forces to potentially remain in the U.S. and obtain certain benefits from within the U.S. even if they entered without inspection and are undocumented. Some benefits include eligibility for work authorization and permanent residency. Parole in place overcomes certain grounds of inadmissibility that would have previously applied and prevented the family member from remaining in the U.S. and becoming a permanent resident.
The idea behind parole in place is that members of the U.S. armed forces and Veterans already face stress and anxiety because of the immigration status of their family members in the United States. Military preparedness can be adversely affected if active members have to worry about the immigration status of their family. The parole-in-place program provides a much-needed avenue for family members to file for permanent residency without the stress and anxiety of leaving the United States. Note that other inadmissibility issues may apply and criminal history can be a bar to obtaining permanent residency so always speak with a qualified immigration attorney experienced with Parole in Place regarding whether this is the right option for your loved one before exposing them to USCIS.
Immigration Benefits for Deceased Military Members
The National Defense Authorization Act of 2004 created special immigration benefits for certain immediate family members (spouses, parents, and unmarried children) whose U.S. military relative has died. The U.S. military member must have served honorably in the Armed Forces and died as a result of injury or disease incurred in or aggravated by combat. The law creates a “self-petition” process to allow an immediate family member to file or continue on in the family-based immigration process. Family members must file their petitions within two years of the U.S. military relative’s death. Surviving members seeking immigration benefits are given special consideration in the processing of their application for permanent residence.
Expedited and Overseas Citizenship for Military Dependents
Members of the U.S. Armed Forces and their spouses and children may also be eligible for expedited and overseas processing of their naturalization applications. They must still meet the naturalization requirements, but may qualify for exceptions to the continuous residence and physical presence requirements required of other naturalization applicants. Spouses may also qualify for naturalization overseas if they are living overseas due to a military’s spouse’s deployment.
These benefits help a military family stay together and help alleviate any immigration process uncertainty, thereby allowing our U.S. active military personnel to continue to serve knowing their family members will be taken care of. Let us help you identify the benefits you may qualify for. Despite these benefits, many USCIS offices are unfamiliar with the adjudication of these benefits, may ask for the wrong documentation and ask invasive and unwarranted questions in interviews if you appear alone. It’s in your best interest to always speak with a qualified immigration attorney about your options and what to expect in your case before filing anything with the government.
SGG attorneys have worked with multiple members of various branches of the military, both in active duty and in the reserves in obtaining green cards and lawful status for their loved ones. Let us assist you in accessing the benefits potentially available to you.
To discuss your Parole in Place or other military immigration case, call us at 213.627.8997 today to book a detailed Case Evaluation appointment with an experienced family and removal immigration attorney.The Protect Patriot Spouses and Protect Patriot Parents Acts would provide access to green cards and a pathway to citizenship for military spouses and parents
July 1st, 2021
Tens of thousands of mixed-status military families live every day under the threat of separation, despite their service to and sacrifice for the United States. The Protect Patriot Spouses (H.R. 163) and Protect Patriot Parents (H.R. 454) Acts would would provide access to green cards for military spouses and parents, and ultimately a pathway to citizenship.
80,000 mixed-status military families
are at risk of separation
FWD.us estimates of undocumented spouses and parents of U.S. active duty and former service members living in the U.S. Methodology
80,000 military families at risk of separation
FWD.us strongly supports that Congress establish a path to citizenship for undocumented immigrants living in the U.S. The undocumented population is made up of many families and individuals with diverse backgrounds, circumstances, and stories. One significant subset of that population is the mixed-status families of military service members and veterans who have proudly served our country in uniform.
According to FWD.us estimates, as many as 80,000 undocumented spouses and parents of U.S. active duty and former service members are living in the U.S. today. Among military spouses more specifically, the majority are female and 45 years of age or younger; nearly half are from Latin American countries, and about a third are from Asia. Fewer than 10,000 of these undocumented military spouses are temporarily protected by Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS).2
Congress must pass broad immigration reform so undocumented immigrants, including essential workers, farm workers, DACA and TPS recipients, and military families can pursue a pathway to citizenship. The Protect Patriot Spouses and Parents Acts would be a positive first step, allowing tens of thousands of families to begin that process.
Alejandra's story shows harm of current law and promise of reform
Alejandra Juarez came to the United States from Mexico as a teenager and lived in the U.S. for two decades. Her husband is a naturalized U.S. citizen and a decorated U.S. Marine Corps veteran who served in Iraq. They have been married for 21 years and have two U.S.-citizen children.
Due to challenges with sponsoring family members who entered the U.S. without authorization, Alejandra was unable to secure lawful status in the U.S. Alejandra then applied multiple times for temporary relief from deportation so that she could stay with her family, but these requests were denied, and Alejandra was deported in 2018. Three years later, after persistent advocacy from Representative Darren Soto (D-FL) and her community, the Biden Administration granted Alejandra humanitarian parole to return and join her family in the United States.
“Nobody should be distracted from their mission, fearing that their parents or siblings, or spouses will be arrested and deported.”
Rep. John Conyers (D-MI), former Chair of the House Judiciary Committee "Immigration Needs of America's Fighting Men and Women," Hearing before the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, May 20, 2008.
Threat of separation hangs over mixed-status military families and harms military readiness
Alejandra’s story illustrates the acute threat of deportation and family separation hanging over millions of mixed-status families—i.e. those in which family members hold different immigration statuses, including that of U.S. citizens, permanent residents, individuals on temporary visas, asylees and refugees, and individuals who are undocumented.3
Being related to a U.S. veteran or a U.S. citizen typically carries little weight in immigration enforcement matters. The government is supposed to consider a history of military service for an individual who is charged with immigration violations, but that consideration does not extend to the individual’s immediate family members, and the standard has been inconsistently applied among immigrant veterans, too.
This uncertainty and fear harms military readiness: service members, particularly those deployed overseas, have to carry the fear and worry of their families being separated while they are serving, and may even have to leave their service to care for their loved ones. This was part of USCIS’ justification for formalizing discretionary protective measures in 2013.
During a 2008 hearing regarding “Immigration Needs of America’s Fighting Men and Women,” Representative John Conyers (D-MI), then the Chair of the House Judiciary Committee, strongly affirmed: “Nobody should be distracted from their mission, fearing that their parents or siblings, or spouses will be arrested and deported. Nobody should have to go into combat fearing that if they are killed, their spouse will lose their ability to adjust to lawful status.”
Limited protections available for mixed-status military families
U.S. Citizenship and Immigration Services (USCIS) offers limited, discretionary protections to mixed-status military families. Individuals who entered the U.S. without authorization and who are the spouse, parent, or child of an active duty or former service member can apply for “parole in place,” a legal status that allows them to temporarily remain in the U.S. for one-year increments. This is the protection that was denied to Alejandra. If granted parole, individuals can apply for work authorization, and can also be considered to have been admitted lawfully for the purposes of applying for another immigration benefit (like a green card).4
In FY 2020, USCIS processed 6,287 applications for parole in place (not solely for military families), approving 4,967 (79% approval rate) with 2,184 pending after the last quarter.
The parole in place policy has received bipartisan support from leaders in Congress. However, as Alejandra’s experience illustrates, these protections are discretionary and awarded case by case, and the fear of a denial of protections and the resulting family separation could dissuade many eligible individuals from applying.
"These bills are a positive step that would provide Alejandra and members of other mixed-status military families a clearly defined pathway to citizenship"
Protect Patriot Spouses Act (H.R. 163)
Protect Patriot Parents Act
(H.R. 454)
Congress should protect mixed status military families—passing the Protect Patriot Spouses and Protect Patriot Parents Acts would be a good start
Too often, immigrants who serve in the military and their families have not been protected or supported by immigration laws and policy. Some leaders in Congress are taking steps to address these challenges and provide access to green cards for military spouses and parents.
Representative Soto has introduced the Protect Patriot Spouses Act (H.R. 163), a bill that would allow spouses of service members to apply to become lawful permanent residents and receive a green card. The law would also waive certain inadmissibility requirements, including unlawful entry, unlawful presence, and certain documentary requirements.
The law also provides for eligible individuals who had been removed or who voluntarily departed the U.S. before the enactment of the law to apply from abroad for a green card, or to return to the U.S. on a nonimmigrant visa while waiting to adjust status and secure a green card.
Representative Salud Carbajal (D-CA) has introduced a similar bill, the Protect Patriot Parents Act (H.R. 454), to allow parents of service members to apply for a green card or to return to the U.S. if they had previously departed or been removed.
These bills are a positive step that would provide members of mixed-status military families, like Alejandra and tens of thousands of others, a clearly-defined pathway to citizenship, and the certainty that they can stay safe and together with their families in the United States.
We urge Congress to honor the service and sacrifice of military families by passing the Protect Patriot Spouses Act, and to continue working to create a full pathway to citizenship for undocumented immigrants living in the U.S. today. This will help keep our nation, our communities, and American families strong..
Notes
- Undocumented spouses of current U.S. armed forces service members or those who previously served in U.S. armed forces. For more information on how FWD.us estimates the undocumented immigrant population, including assumptions for mixed-status families, please see this complete methodology. Estimates for parents of current or previous U.S. armed forces service members leaned on the August 2020 Current Population Survey’s veteran module, combined with data on place of birth of parents for respondents.
- These military families are a small subset of millions of mixed status families in the United States that live every day with the fear of family separation. FWD.us estimates that some 1.7 million undocumented immigrants have a U.S.-citizen spouse, while 2.6 million undocumented immigrants have U.S. citizen children. Without Congress passing meaningful immigration reform , these families’ opportunities to adjust status will remain extremely limited.
- During the Trump Administration, when Alejandra was forced to leave her family, all immigrants who were undocumented were prioritized for deportation. The Biden Administration has narrowed these priorities, but anyone in the U.S. who is undocumented faces the risk of deportation.
- Individuals who entered the U.S. lawfully but are now undocumented do not qualify for parole in place, but they are eligible for other short-term forms of relief such as deferred action, which can be granted for up to two-year increments. Individuals with deferred action can apply for work authorization, but need to demonstrate economic necessity. Unlike parole, deferred action does not count as a legal status, so individuals may have difficulty securing basic services, such as a driver’s license or healthcare benefits. USCIS does not report numbers on grants of deferred action aside from Deferred Action for Childhood Arrivals (DACA).