There are basically two ways to enter the US legally. One is through the inspection and admission derived from a visa or visa waiver, also known as ESTA, and the other through the granting of a parole or entry authorization.
When a citizen enters the country without a visa or parole, it is understood that there has been an illegal entry, limiting immigration relief options to a very small number of options: asylum applications and, in some cases, U, T visas and cancellation of removal, when the irregular immigrant has been in the country for more than 10 years, with very strict conditions for approval.
Now, the authorization of sudden entry or parole in place (PIP, for its acronym in English) is a legal fiction that allows us to understand that the applicant was authorized to enter the United States, even if he entered illegally, bringing with him important immigration benefits.
This legal fiction is not intended to encourage the illegal migration, but to recognize the effort and dedication of active or reserve military personnel who have immediate relatives in illegal immigration status in the United States, who are part of the petition and would be affected by the separation or dismemberment of their family group.
Among the immediate benefits is the possible obtaining of work permits and driver’s licenses. And depending on the family member, formulate family petitions that lead to the approval of permanent legal residence, without the need to leave the territory of the United States.
For example, a woman who marries a member of the Air Force could obtain this discretionary benefit and a future residence by family petition, even if their entry into the country was illegal.
Another example could be a mother who entered the United States illegally and had a son in American territory, who over the years enlisted in the Navy at his 10 years. She could well obtain an authorization figure for unexpected entry, to have a work permit and a driver’s license until her son reaches the regulatory age of 21 years. Then you could formulate a family petition of an American citizen, and obtain permanent legal residence, without having to leave the American territory.
Therefore, it is important to consult the immigration lawyer of your choice, with the purpose of determining if you could be benefited by such an important migratory figure when you have an immediate link with an active military member or the reserve.
Héctor Benítez Cañas is an immigration attorney in Miami.