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"Parole In Place" (PIP) req'd for Adj Status

Discussion in 'Serving military and military families' started by 01Navy, Apr 11, 2011.

  1. 01Navy

    01Navy Junior Member

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    First, thank you to the moderator for your two tours in Vietnam.

    I am Active Duty US Navy, currently deployed. Not "boots on the ground" combat zone deployed, but on a ship seeing no sun deployed.

    My wife entered the U.S. without inspection (illegally) 5 yrs ago to San Ysidro. We met Jan 2010, married Sep 2010, and my son was born Jan 2011.

    I filed for her a I-130 packet (but w/o many docs because civilian attorney at 32nd street naval base said 'she's illegal. It wont matter anyways. Hes a moron and so am i for listening) w/ 235's included and passport photos, updated fee of 420$. Currently it is in its 4th month of processing and its in Initial Review. I have no criminal background history neither does my wife. We filed joint taxes this year (she doesnt work) mostly to obtain an ITIN (id tax number), which pass&decal said could be used in place of a SSN for her Military spouse ID card. She is in DEERS, as well and the sole beneficiary of my SGLI.

    I found out about PIP (parole in place) by visiting a lawyer's office in the same complex as USCIS! One day before deploying, no less! He told me i need to get items together to put in a hardship packet (photos, home videos-couldnt obtain in time, joint lease/bank accounts, taxes and a journal of how im feeling day to day w/ this going on). Extreme hardship needs to be proven. Without PIP, the approved I-130 would be forwarded to NVC and then to consulate in Juarez, MX. But since she's over 1 yr illegally, she would incur the 10-yr ban. I would be destroyed if that happened. Im a deployable sailor i cant legally hold custody and both my parents are too old to take care of him. He would become custody of the state. So the illegal status denies her the 485 (adj status) but the PIP halts that.

    My question is, am i doing things right? Do i need a lawyer? Because if she gets taken in the middle of the night (according to attorney montag's blog it can in san diego) then she cant contact me, without a lawyer she wouldnt beat the case in imm court and would be deported then my son would be in state custody and probably adopted!!! So do i need one as a "blanket" protection while im deployed? He's asking for 4000$!! I dont know if i should trust a lawyer in same complex as USCIS (he is with AILA, though).

    Also, a captain in the army wrote that Parole In Place would 'alert the USCIS of your spouse's illegal presence" so take caution. This is in Ft. Irwin. So i dont want her to be in a potentially caustic situation, but my chief is pressuring me to get thru with this quick.

    Also, according to mr. montag's blog, in san diego ONLY are they denying PIPs, nowhere else in the country. Is this true? Its in relation to overstays on visas but still....

    Is it bad that she is 'receiving benefits from govt' because i got put on WIC and she's enrolled in DEERS and on TRICARE? Also, what about the taxes part. Does USCIS look down on us because she has a mil. id card with a 9 digit number where it says SSN but they know her status so she shouldnt have one? Pass & Decal totally supports it, they told us to get one and come back with the number. My chain of command told us to get tricare and to do this and that.

    Except from that Army Capt's blog, i have had zero support from JAG who claims to only do defense/prosecution and wont help. Legal onboard does NOT do it. Im in a time-critical situation where i cant make a mistake. I dont have exactly 4000 to give to the lawyer.

    Can anybody help?? Lawyers? Please? We helped the Japanese with their crisis, can somebody help me with mine???????
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: "Parole In Place" (PIP) req'd for Adj Status

    Definitely talk this over with a JAG officer.
     
  3. deedee

    deedee Junior Member

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    Re: "Parole In Place" (PIP) req'd for Adj Status

    Hi 01Navy,

    I know you posted this a while back, however I have a question for you. I am in the same boat when it comes to the EWI. My husband heard of this Parole in Place last year. At the time he was getting ready to get out of the military. My question is how did you manage to get your wife into DEERS and TRICARE if she had no social. I am asking this because we were not able to do the same for me because of that. I even had to use Medical from the state for my pregnancy because I was not able to get into it. My husband is also contemplating going back to the military.

    I think I saw a post about a wife that in this same situation being able to fly with her spuse id.

    Thank you in advance.
     
  4. Amn Rosa

    Amn Rosa Junior Member

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    Re: "Parole In Place" (PIP) req'd for Adj Status

    Hi deedee,

    I'm a military member and my husband is an illegal immigrant.Although he doesn't have a Social Security Number I got him enrolled on DEERS with no problems at all. He is also in Tricare. In order to get an ID card they assigned him a number that looks like a social but it contains one letter. He was able to travel with this ID card no questions asked. I don't understand why they wouldn't assigned you one while your husband was in. Maybe it's the Branch of service or it might be the state you lived in. Truth is that if he re-joins it will improve your chances of getting approved. you would be eligible for a PIP (Parole-in-Place) in which case you could regulate your status without leaving the US. But first you would need to be enrolled on DEERS. Anyway it's worth the try. I wish you the best and hope everything works out or you.
     
  5. rockie_w

    rockie_w Junior Member

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    Re: "Parole In Place" (PIP) req'd for Adj Status

    can anyone give me info on enrolling my spouse in deers. at camp pendelton they said they don't accept matricula consular anymore....has that her high school id. translated mexican birth cert. and a itin number...also they said ssc is needed now. thanks everyone
     

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