Legalization for DREAMers with military family member

Since comprehensive immigration reform is dead till 2017 (it will be revived assuming that the Democrats win solid majorities in Congress, retain the White House, and something else does not distract them the way President Obama was in the period 2009 and 2010), the Obama Administration is using backdoor techniques to provide relief to undocumented immigrants by exploiting loopholes in the law.  In a very clever move, he exploited a loop hole to create DACA for some DREAMers (and most experts now believe that like TPS this program will never be repealed), and yet again, he has found a gray area in the law that allows spouses, parents and children of an active duty or retired serviceman to be legalized, first through a parole-in-place, and then adjustment of status to permanent residency.

What is this program?  If you are undocumented in the United States, you get to legalize your status in form of a parole-in-place (meaning that you get paroled without leaving the US; in other words, your crime to cross the border illegally is forgiven and you do not have to go back to your native country for an interview for a green card).  The parole term will be for one year at a time but can be renewed indefinitely.  With this parole, you will get a work permit, your very own valid SSN, and will then be able to apply for a green card.

What is the cost?  Zero.  Due to the armed forces connection, there is no application fee.

How will it help you?  As you know if you overstayed a visa, legalizing your status has been easy if you are sponsored as a family member by a US citizen.  However, if you entered without inspection (EWI) meaning that you crossed the border illegally, the law requires you to leave the United States, even if you have a waiver through the USCIS Form I601A, and attend an interview at the consulate in your native country.  By receiving this kind of parole-in-place, the status can be adjusted without leaving the US.

What are the requirements?  USCIS will conduct a background check on you to find out if you have a criminal background.  If you are a convicted felon and somehow still in the country, you are not eligible, but up to three misdemeanors will be ignored (while the official notification does not indicate this, it is widely known that the Obama Administration is not conducting a very serious background search and security clearance and due to that many aliens even with false information on their applications or criminal histories are being approved).  If you are such an individual who has broken the law and has a criminal history, DO NOT file the application on your own and definitely use a competent legal advisor.

How to apply? 
  1. Don't do this yourself because this is once-in-a-lifetime opportunity to legalize without needing any kind of action by Congress.  Just hire an excellent lawyer to do the paperwork for you unless you are well-versed in dealing with the USCIS, have experience in completing applications, and know what you are doing.
  2. Just for your knowledge, you will need to complete USCIS Form I-131, and then attach a copy of the evidence of relationship with the serviceman or woman (for example, marriage/birth certificates), copy of both sides of the service member's military ID, and 2 passport pictures.  Mail this package to the Director of USCIS office depending on the state you live in.  Wait for a few months and you will get the parole approval.  You can then start the green card process.

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