Obama’s Executive Action on Immigration Explained
At least three separate DHS memos address various aspects of “parole.”
In the immigration context, parole refers to allowing an individual to temporarily enter the United States for purposes of significant public benefit or for humanitarian reasons without technically admitting the person into the country.
President Obama’s immigration reform changes somewhat the policy.
Although parole is issued on a case-by-case basis, there is a long history of designated categories of individuals who may qualify for parole.
“Advance parole” and “parole-in-place” are forms of parole explains Brian D. Lerner.
Advance parole refers to giving an individual currently residing in the United States in a temporary status permission to travel abroad for a short period and return to the United States without jeopardizing the existing status.
President Obama’s immigration reform also deals with Parole-in-place.
This is a type of parole in which an individual who is already in the United States, but who is here without permission, is nonetheless granted parole without having to leave the country.
Individuals granted parole—including advance parole and parole-in-place—may ultimately be able to gain lawful permanent status without leaving the United States, if they are otherwise eligible.
Thus, Brian Lerner states that the PIP – Parole in place will be somewhat expanded.
Parole in place to protect military families is where it will be expanded under President Obama’s immigration reform.
Secretary Johnson announced new policies to protect unauthorized families of the U.S. military and of those seeking to enlist.
In November 2013, DHS issued guidance permitting parole-in-place for unauthorized family members of military personnel and veterans.
The new guidance will expand the availability of parole-in-place, as well as deferred action, to family members of U.S. citizens and lawful permanent residents who seek to enlist in the U.S.
Under President Obama’s immigration reform, the Secretary also asked USCIS to consider granting deferred action to family members of current military personnel and veterans who have overstayed their visas.
A very interesting development according to Brian D. Lerner is that DHS officials will be instructed to follow a 2012 immigration decision (Matter of Arrabally), finding that a lawfully present individual who travels abroad after a grant of advance parole does not trigger the three- or 10-year bars that ordinarily apply when a person departs the United States after residing here unlawfully for more than six months.
Under this decision, states Brian Lerner, individuals who would be eligible for LPR status but for the fact that their last entry into the United States was unlawful may be able to apply for permanent resident status upon their parole back into the United States.
The new DHS instruction will ensure consistent application across the department.
This might be a very good way for somebody to adjust status in the U.S. Brian Lerner explains that they could get the parole, come back into the U.S. and under certain circumstances adjust.
President Obama’s immigration reform also adds a completely new parole for investors, researchers, and founders of start-up enterprises.
Brian Lerner states there are currently no new regulations on this, but USCIS has been directed to draft regulations for a new category of parole to enable certain inventors, researchers, and founders of start-up businesses to enter the United States before they become eligible for a visa.
Parole would allow these individuals to temporarily pursue research and development of promising ideas and businesses in the United States, rather than abroad.
Thus, President Obama’s immigration reform has lots of good news on Parole for differing categories of persons and hopefully will get the regulations issued soon