Discretionary Options for Military Members, Enlistees and Their Families

• Documentation that supports military service, such as the Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official service or discharge document;

• Evidence of urgent humanitarian reasons or significant public benefit; and

• Evidence of any additional favorable discretionary factors that you want considered. 

• Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records (completed and signed). Check Item 6.B.2. or 6.B.3. in Part 1;

• Form I-134, Affidavit of Support (completed and signed);

• Documentation that supports your family member’s military service, such as the Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official service or discharge document;

• Documentation to establish a qualifying familial relationship;

• Evidence of urgent humanitarian reasons or significant public benefit; and

• Evidence of any additional favorable discretionary factors that you want considered. 

We may grant parole in place on a case-by-case basis for urgent humanitarian reasons or significant public benefit under section 212(d)(5)(A) of the INA. You may be eligible for parole in place in 1-year increments if you are 1 of the following service members, or are the spouse, widow(er), parent, son, or daughter of 1 of the following service members:

• Active-duty member of the U.S. armed forces;

• Individual in the Selected Reserve of the Ready Reserve; or

• Individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.

Parole in place may be granted only to individuals who are present without admission and so are applicants for admission. If you were admitted to the United States lawfully but are present in the United States beyond the period of stay authorized, you are not eligible for parole in place because you are not an applicant for admission. However, you may qualify for deferred action. See the Deferred Action section below for more information.

To request parole in place, you must mail your application to the USCIS office with jurisdiction over your place of residence. Military families on assignment in an area different from their permanent place of residence may submit their request to the office with jurisdiction over either location. Your application should include:

• Completed Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records (without fee). Check the appropriate box under Item 8.A. in Part 1;

• Evidence of the family relationship, such as:

  • Marriage certificate;

  • Documentation of termination of previous marriage;

  • Son’s or daughter’s birth certificate;

  • Current or former service member’s birth certificate with parent’s name; or

  • Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS);

• Evidence that your family member is a current or former member of the U.S. armed forces, such as a photocopy of the front and back of the service member’s military identification card or DD Form 214;

• For parents of current and former service members of the U.S. armed forces, evidence the current or former service member supports the application for parole in place;

• Two identical, color passport-style photographs; and

• Evidence of any additional favorable discretionary factors that you would like us to consider.

For information about parole in place and how to apply, see the Adjudicator’s Field Manual Chapter 21.1(c)(1)  (PDF, 1.85 MB). 

Deferred action is a form of prosecutorial discretion to defer removal action (deportation) against an individual for a certain period of time. If we grant you deferred action, the Department of Homeland Security (DHS) considers you to be lawfully present in the United States for the period deferred action is in effect. Deferred action does not give you lawful status, nor does it excuse any past or future periods of unlawful presence.

Under existing regulations, if you are granted deferred action, you are eligible to apply for employment authorization for the period of deferred action if you can demonstrate “an economic necessity for employment.” DHS can terminate deferred action at any time, at its discretion.

You may be eligible for deferred action for up to 2 years if you are the spouse, widow(er), parent, son or daughter of an:

• Active-duty member of the U.S. armed forces;

• Individual in the Selected Reserve of the Ready Reserve; or

• Individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.

In addition, Military Accessions Vital to the National Interest program enlistees in the Department of Defense Delayed Entry Program (DEP) may be eligible for deferred action. Spouses, parents, sons and daughters of enlistees in the DEP may also be eligible for deferred action.

To request deferred action, you must submit the following:

• Form G-325, Biographic Information (for Deferred Action);

• A letter stating the basis for your deferred action request;

• A copy of DD Form 4, Enlistment/Reenlistment Document;

• Evidence of any additional factors supporting a favorable exercise of discretion in the form of deferred action;

• Proof of family relationship, if applying based on family relationship to military member, veteran or enlistee, such as:

  • Marriage certificate;

  • Documentation of termination of previous marriage;

  • Son’s or daughter’s birth certificate;

  • Military member’s birth certificate with parent’s name; or

  • Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS);