PIP_DA_Military_Final

PIP-DA_Military_Final_112316.pdf

Discretionary Options for Designated Spouses, Parents, and Sons and Daughters of Certain Military Personnel, Veterans, and Enlistees

PIP_DA_Military_Final

OMB: 1615-0008

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U.S. Citizenship and Immigration Services
Office of the Director (MS 2000)
Washington, DC 20529-2000

November 23, 2016

PM-602-0114

Policy Memorandum
SUBJECT:

Discretionary Options for Designated Spouses, Parents, and Sons and Daughters
of Certain Military Personnel, Veterans, and Enlistees

Purpose
This policy memorandum (PM) clarifies and supplements guidance issued by U.S. Citizenship and
Immigration Services (USCIS) in 2013 (“the 2013 PM”) 1 with respect to designated family members
of certain military personnel and veterans. Specifically, this PM provides additional guidance on
discretionary options for: (a) certain alien family members of individuals serving on active duty in
the U.S. Armed Forces or in the Selected Reserve of the Ready Reserve; (b) certain alien family
members of those who previously served on active duty or in the Selected Reserve of the Ready
Reserve (whether living or deceased) and were not dishonorably discharged; and (c) enlistees in the
Department of Defense (DoD) Delayed Entry Program (DEP). This PM amends Chapter 21.1(c) of
the Adjudicator’s Field Manual (AFM) to:

1

•

Clarify that individuals who previously served in the military include those who are now
deceased but do not include those who were dishonorably discharged;

•

Change all references to “children” to “sons and daughters”;

•

Provide guidance on deferred action for certain nonimmigrant and other alien recruits
(including enlistees in the Military Accessions Vital to the National Interest (MAVNI)
program) whose authorized periods of stay expire during the enlistment process, including
the time they are in the DEP;

•

Provide guidance on deferred action for certain MAVNI and other DEP enlistees’ family
members who are present in the United States without authorized periods of stay; and

•

Provide guidance on deferred action for certain military family members who would be
eligible for parole under the guidelines in the 2013 PM but for the fact that they have already
been admitted.

See USCIS Memorandum, Parole of Spouses, Children and Parents of Active Duty Members of the U.S. Armed Forces,
the Selected Reserve of the Ready Reserve, and Former Members of the U.S. Armed Forces or Selected Reserve of the
Ready Reserve and the Effect of Parole on Inadmissibility under Immigration and Nationality Act 212(a)(6)(A)(i) (Nov.
15, 2013), http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2013/20131115_Parole_in_Place_Memo_.pdf.

PM-602-0114: Discretionary Options for Designated Spouses, Parents, and Sons and
Daughters of Certain Military Personnel, Veterans, and Enlistees
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Scope
This PM applies to all U.S. Citizenship and Immigration Services (USCIS) employees.
Authority
Immigration and Nationality Act (INA) §§ 103(a)(1), 103(a)(3), 212(d)(5)(A), 235(a), and 245(a), (c);
8 U.S.C. §§ 1103(a)(1), 1103(a)(3), 1182(d)(5)(A), 1225(a), and 1255(a), (c); 6 U.S.C. § 202(5).
Background
On November 15, 2013, pursuant to the authority conferred upon the Secretary of Homeland
Security by INA § 212(d)(5)(A), 8 U.S.C. § 1182(d)(5)(A), USCIS issued a PM guiding the exercise
of discretion with respect to applications for parole by designated family members of certain U.S.
military personnel and veterans. On November 20, 2014, the Secretary directed USCIS to expand on
these policies, including by issuing new policies on the use of both parole and deferred action for
certain family members of military personnel, veterans, and DEP enlistees. 2 These new policies are
intended to support the DoD in several ways, including by:
•

Elaborating on general USCIS deferred action policies by identifying factors that are of
particular relevance to discretionary determinations involving military personnel, veterans,
DEP enlistees, and their families;

•

Building on existing USCIS and DoD initiatives and policies designed to assist military
personnel, veterans, DEP enlistees, and their families in navigating our immigration
system;

•

Facilitating military morale and readiness and supporting DoD recruitment policies by
considering temporarily deferring the removal of certain military family members;

•

Furthering the goal of the MAVNI program to recruit certain foreign nationals whose skills
are considered vital to the national interest and critical to military services; and

•

Ensuring consistent support for our military personnel and veterans who have served and
sacrificed for our nation, and their families.

DoD Delayed Entry Program (DEP)
The DoD receives approximately 250,000 individuals into the all-volunteer force each year. To
effectively sustain this large volunteer force, DoD uses the DEP to manage and predictably meet the
accession requirements of the military services. Individuals who have no previous military
experience and are seeking to enlist in the U.S. military must sign a contract by which they enter into
the DEP for a period of up to 365 days while awaiting Basic Training. This waiting period allows
DoD to better anticipate and meet the needs of the various service components. The DEP is a
cornerstone of the U.S. military enlistment process.
Individuals who enlist in the military through the MAVNI program may also enter the DEP. The
MAVNI program allows certain nonimmigrants and other aliens to enlist in the military to fill
2

Secretary of Homeland Security Memorandum, Families of U.S. Armed Forces Members and Enlistees (Nov. 20,
2014), http://www.dhs.gov/sites/default/files/publications/14_1120_memo_parole_in_place.pdf.

PM-602-0114: Discretionary Options for Designated Spouses, Parents, and Sons and
Daughters of Certain Military Personnel, Veterans, and Enlistees
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positions requiring skills for which there are critical shortages of enlistees. 3 The program is currently
open to individuals with certain health care skills and individuals fluent in certain foreign languages.
Policy
I. Parole in Place for Families of Certain Military Personnel and Veterans
USCIS has authority to grant parole to noncitizen applicants for admission, including those residing
in the United States (through “parole in place”), 4 on a case-by-case basis for urgent humanitarian
reasons or significant public benefit. INA § 212(d)(5)(A), 8 U.S.C. § 1182(d)(5)(A). The 2013 PM
provides guidance on granting parole, on a discretionary case-by-case basis, for certain spouses,
children, and parents of, among others, individuals who “previously” served on active duty or in the
Selected Reserve of the Ready Reserve. This PM clarifies that such language in the 2013 PM is
meant to include former designated military personnel (who were not dishonorably discharged)
whether they are living or deceased. The close family members of such individuals, who served and
sacrificed for our Nation, are deserving of consideration for a favorable exercise of discretion on a
case-by-case basis in accordance with the 2013 PM. This is true regardless of whether the former
military service members are living or deceased.
In addition, the 2013 PM contains multiple references to the “children” of current or former military
personnel. Under the INA, the term “child” is limited to individuals who are unmarried and under
the age of 21. See INA § 101(b)(1), 8 U.S.C. § 1101(b)(1). This PM seeks to expand on the
provisions in the 2013 PM by replacing all references to “children” in the 2013 PM (and the
corresponding provisions in the AFM) with the term “sons and daughters.” This change would
further expand the provisions in the 2013 PM to the adult and married sons and daughters of covered
military personnel and veterans. Because covered military personnel and veterans generally will be
U.S. citizens or lawful permanent residents (or, in the case of MAVNI, soon-to-be U.S. citizens or
lawful permanent residents), their sons and daughters will often be on paths to lawful permanent
resident status and eventual citizenship. See INA § 203(a), 8 U.S.C. § 1153(a). Parole in place or
deferred action would therefore serve as a temporary bridge for such sons and daughters while they
apply for and await adjudication of their applications for lawful permanent resident status.
Moreover, important family relationships continue to exist even after children turn 21 or marry. The
same morale, deservedness, and preparedness rationales articulated in the 2013 PM with respect to
military personnel and their children continue to apply when such children turn 21 or marry.
II. Deferred Action Requests by DEP Enlistees and the Families of Military Personnel, Veterans,
and DEP Enlistees
As in all deferred action determinations, USCIS will make case-by-case, discretionary judgments
based on the totality of the evidence. In doing so, USCIS will weigh and balance all relevant
considerations, both positive and negative. Certain factors are of particular relevance to the exercise
of that discretion when deferred action requests are submitted by DEP enlistees or by the family
3

The MAVNI program is authorized by 10 U.S.C. § 504(b)(2). For further details, see DoD Instruction 1304.26.
“Qualifications for Enlistment, Appointment and Induction.” For information about the DoD MAVNI program, see the
DoD MAVNI fact sheet, http://www.defense.gov/news/mavni-fact-sheet.pdf.
4
The parole authority is most frequently used to permit aliens who are outside the United States to come into U.S.
territory, but aliens who are already physically present in the United States without having been admitted are also
eligible for parole. See INA §§ 212(d)(5)(A), 235(a)(1). This latter use of parole is called “parole in place.”

PM-602-0114: Discretionary Options for Designated Spouses, Parents, and Sons and
Daughters of Certain Military Personnel, Veterans, and Enlistees
Page 4
members of military personnel, veterans, or DEP enlistees. Particularly strong positive factors
specific to such requests include, but are not limited to:
•

Being a DEP enlistee, including through the MAVNI program (even if the enlistee’s
authorized period of stay expires or terminates while in the DEP);

•

Being the spouse, parent, son, or daughter of a MAVNI or other DEP enlistee (even if
present in the United States without an authorized status); and

•

Being an individual who would be eligible for parole under the 2013 PM, as clarified and
amended by the present PM, but for the fact that such individual has already been admitted.

The presence of one or more of the preceding factors does not guarantee a grant of deferred action,
which constitutes only a favorable exercise of immigration enforcement discretion, but may be
considered a strong positive factor weighing in favor of granting deferred action as a matter of
discretion. The ultimate decision rests on whether, based on the totality of the facts of the individual
case, USCIS finds that the positive factors outweigh any negative factors that may be present and
that a favorable exercise of enforcement discretion is warranted.
If an individual described in any of the three bullets above is approved for deferred action in the
exercise of discretion, the period of deferred action should be authorized in two-year increments;
USCIS may consider requests for renewal of deferred action as appropriate.
III. Petition for Alien Relative and Work Authorization
USCIS encourages applicants to continue on a path toward lawful permanent resident status
whenever applicable. In cases where it is applicable, USCIS encourages the filing of a Form I-130,
Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
In some cases where subsequent parole in place or a renewal of deferred action is requested, such
filing may be required (see AFM 21.1(c)(3)(A) below). In addition, individuals who have obtained
parole in place or deferred action are eligible to apply for work authorization for the period of parole
or deferred action if they can demonstrate economic necessity. 5
Implementation
The Adjudicator’s Field Manual (AFM) Chapter 21.1, General Information About Relative Visa
Petitions, is amended as follows.
1. Section 21.1(c) is revised by:
•

Redesignating current section “(c)” as subsection “(1)”;

•

Inserting new section “(c)” heading “Special Parole and Deferred Action Considerations.”;

•

Inserting, at the beginning of section (c):

On November 15, 2013, USCIS, pursuant to the authority conferred upon the Secretary of
Homeland Security by INA § 212(d)(5)(A), 8 U.S.C. § 1182(d)(5)(A), issued a Policy
Memorandum guiding the exercise of discretion with respect to applications for parole by
5

See 8 CFR 274a.12(c)(11), (14). See Form I-765, Application for Employment Authorization.

PM-602-0114: Discretionary Options for Designated Spouses, Parents, and Sons and
Daughters of Certain Military Personnel, Veterans, and Enlistees
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designated family members of U.S. military personnel and veterans. On November 20,
2014, the Secretary directed USCIS to issue new policies on the use of both parole in place
and deferred action for certain family members of certain military personnel, veterans, and
individuals who are seeking to enlist in the U.S. military. See Secretary of Homeland
Security Memorandum, “Families of U.S. Armed Forces Members and Enlistees” (Nov. 20,
2014),
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_parole_in_place.pdf
These new policies support the Department of Defense (DoD) in several ways, including
by:
•

Elaborating on general USCIS deferred action policies by identifying factors that
are of particular relevance to discretionary determinations involving military
personnel, veterans, and their families;

•

Building on existing USCIS and DoD initiatives and policies designed to assist
military members, veterans, and their families in navigating our complex
immigration system;

•

Facilitating military morale and readiness and supporting DoD recruitment policies
by considering temporarily deferring the removal of certain military family
members;

•

Furthering the goal of the Military Accessions Vital to the National Interest (MAVNI)
program to recruit certain foreign nationals whose skills are considered vital to the
national interest and critical to military services; and

•

Ensuring consistent support for our military personnel and veterans, who have
served and sacrificed for our nation, and their families.

For guidance on parole in place for certain family members of military personnel and
veterans, see AFM Chapter 21.1(c)(1). For guidance on deferred action for certain
enlistees and certain family members of military personnel and veterans, see AFM Chapter
21.1(c)(2).
•

Revising new subsection 21.1(c)(1) by:
o Striking “Spouses, Children and Parents” and inserting “Spouses, Parents, Sons, and
Daughters” in the heading;
o Striking “spouse, child or parent” and inserting “spouse, parent, son, or daughter” in
the sentence that begins with “The fact that the individual”;
o Inserting “(whether still living or deceased)” in the following places: in the heading,
after the word “who”; and in the bullet point that begins with “Evidence that the
alien’s family member”, after the word “who”;
o Inserting “on active duty” in the following places: in the heading, after the word
“served”; in the sentence that begins with “The fact that the individual”, after the

PM-602-0114: Discretionary Options for Designated Spouses, Parents, and Sons and
Daughters of Certain Military Personnel, Veterans, and Enlistees
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word “served”; and in the bullet point that begins with “Evidence that the alien’s
family member”, after the word “served”;
o Inserting “and Were Not Dishonorably Discharged” at the end of the heading;
o Inserting “(if the former service member was not dishonorably discharged and either
is living or died while the family member was residing in the United States)” in the
sentence that begins with “The fact that the individual”, after the second instance of
the word “Ready Reserve”;
o Inserting “(this may include proof of filing a petition in certain cases – see AFM
21.1(c)(3) below);” at the end of the bullet point that begins with “Evidence of the
family relationship”;
o Inserting “(in the case of family members of veterans (whether still living or
deceased), the service member must not have received a dishonorable discharge upon
separation from the military)” after “(DD Form 1173)” in the bullet point that begins
with “Evidence that the alien’s family member”;
o Inserting “In the case of surviving family members, proof of residence in the United
States at the time of the service member’s death;” in a new bullet point after the bullet
point that begins with “Evidence that the alien’s family member”; and
o Inserting the following new paragraphs after the bullet points: “Individuals who have
obtained parole in place are eligible to apply for work authorization for the period of
parole if they can demonstrate economic necessity. See 8 CFR 274a.12(c)(11), (14).
See Form I-765, Application for Employment Authorization.
Parole in place may be granted only to individuals who are present without admission
and are therefore applicants for admission. Individuals who were admitted to the
United States but are currently present in the United States beyond their periods of
authorized stay are not eligible for parole in place, as they are no longer applicants for
admission.”
2. A new subsection (2) is added to Chapter 21.1(c) to read as follows:
(2) Deferred Action Consideration for Spouses, Parents, and Sons and Daughters of Active
Duty Military Personnel, Individuals in the Selected Reserve of the Ready Reserve, and
Individuals Who (Whether Still Living or Deceased) Previously Served on Active Duty in the
U.S. Military or the Selected Reserve of the Ready Reserve and Were Not Dishonorably
Discharged; and for MAVNI and other Enlistees in the Delayed Entry Program and their
Spouses, Parents, and Sons and Daughters.
(A) Deferred Action for DoD Delayed Entry Program Enlistees (Including MAVNI Recruits)
and Certain Family Members.
Individuals who have no previous military experience and are seeking to enlist in the U.S.
Armed Forces must sign a contract by which they enter into the Delayed Entry Program
(DEP) for a maximum of 365 days while awaiting Basic Training. While in the DEP, there
can be delays in starting active duty for the Active Components or initial active duty for
training for the Reserve Components.

PM-602-0114: Discretionary Options for Designated Spouses, Parents, and Sons and
Daughters of Certain Military Personnel, Veterans, and Enlistees
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Individuals who enlist in the military through the Military Accessions Vital to the National
Interest (MAVNI) program may also enter the DEP. The MAVNI program allows certain
foreign nationals to enlist in the military to fill positions where there are critical shortages in
health care and foreign language skills. See the DoD MAVNI program fact sheet for further
details: http://www.defense.gov/news/mavni-fact-sheet.pdf.
Most MAVNI recruits are in a lawful nonimmigrant status at the time that they enlist. For
example, it is common for a J-1 foreign exchange visitor or F-1 foreign student to enlist in
the U.S. military through MAVNI. Through no fault of their own, MAVNI recruits in the DEP
may fall out of their lawful status while waiting to enter Basic Training. This may occur, for
example, in cases where an F-1 foreign student completes his or her program of study
while waiting to enter Basic Training in the DEP. In the same way, the family members of
such recruits often lose their lawful statuses because their statuses depend on those of the
recruits. In addition, family members might lack status either because they are present
without being admitted or paroled, or because they were admitted or paroled but
overstayed their authorized periods of stay even before their MAVNI or other DEP family
member entered the DEP.
As in all deferred action determinations, USCIS will make case-by-case, discretionary
judgments based on the totality of the evidence. In doing so, USCIS will weigh and
balance all relevant considerations, both positive and negative. Certain factors, however,
are of particular relevance to the exercise of that discretion when deferred action requests
are submitted by individuals in DEP and their family members. Particularly strong positive
factors specific to such requests include, but are not limited to:
•

Being a DEP enlistee, including through the MAVNI program (even if the enlistee’s
authorized period of stay expires while in the DEP); and

•

Being the spouse, parent, son, or daughter of a MAVNI recruit or other individual in
the DEP (even if present in the United States without an authorized status).

The presence of one or more of the preceding factors does not guarantee a grant of
deferred action but may be considered a strong positive factor weighing in favor of granting
deferred action. The ultimate decision rests on whether, based on the totality of the facts of
the individual case, USCIS finds that the positive factors outweigh any negative factors that
may be present.
If an individual described in either of the two bullets above is granted deferred action in the
exercise of discretion, the period of deferred action should be authorized in two-year
increments; USCIS may consider requests for renewal of deferred action as appropriate. If
the individual withdraws from the DEP or becomes disqualified from joining the military, any
period of deferred action for the family member may be terminated.
See AFM Chapter 21.1(c)(2)(C) for guidance on filing requests for deferred action. See
AFM Chapter 21.1(c)(1) for guidance on parole in place.
(B) Deferred Action for Certain Family Members of Active Duty Members of the U.S.
Military, Individuals in the Selected Reserve of the Ready Reserve, or Individuals Who

PM-602-0114: Discretionary Options for Designated Spouses, Parents, and Sons and
Daughters of Certain Military Personnel, Veterans, and Enlistees
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(Whether Still Living or Deceased) Previously Served on Active Duty in the U.S. Military
or in the Selected Reserve of the Ready Reserve and Were Not Dishonorably
Discharged.
As in all deferred action determinations, USCIS will make case-by-case, discretionary
judgments based on the totality of the evidence. In doing so, USCIS will weigh and
balance all relevant considerations, both positive and negative. Certain factors, however,
are of particular relevance to the exercise of that discretion when deferred action requests
are submitted by the family members of military personnel and veterans. One particularly
strong positive factor specific to such requests is that the person has been admitted and
is the spouse, parent, son, or daughter of an individual who is serving, or has previously
served on active duty in the U.S. military or in the Selected Reserve of the Ready
Reserve (if the former service member was not dishonorably discharged and either is
living or died while the family member was residing in the United States). Such an
individual ordinarily fits the guidelines for parole under section 21.1(c)(1) above, except
for being statutorily ineligible solely because of his or her prior admission. See INA §§
212(d)(5)(A), 235(a)(1), 8 U.S.C. §§ 1182(d)(5)(A), 1225(a)(1).
The presence of the preceding factor does not guarantee a grant of deferred action but
may be considered a strong positive factor weighing in favor of granting deferred action.
The ultimate decision rests on whether, based on the totality of the facts of the individual
case, USCIS finds that the positive factors outweigh any negative factors that may be
present. If USCIS grants deferred action in the exercise of discretion, the period of
deferred action should be authorized in two-year increments; USCIS may consider
requests for renewal of deferred action as appropriate.
(C) Filing Request for Deferred Action.
To request deferred action, one must submit the following to the director of the USCIS
office with jurisdiction over the requestor’s place of residence:
•

Letter stating basis for the deferred action request [See AFM 21.1(c)(2)(A) and
(c)(2)(B)];

•

Evidence supporting a favorable exercise of discretion in the form of deferred
action as elaborated in AFM 21.1(c)(2)(A) and (c)(2)(B) – (e.g., evidence of family
member’s current or previous military service, or alien’s or family member’s
enlistment in the DEP; note that in the case of family members of veterans,
whether still living or deceased, the service member must not have received a
dishonorable discharge upon separation from the military);

•

Proof of family relationship, if applying based on family relationship to military
member, veteran, or enlistee (this may include proof of filing a petition in certain
cases - see section below);

•

In the case of surviving family members, proof of residence in the United States at
the time of the service member’s death;

PM-602-0114: Discretionary Options for Designated Spouses, Parents, and Sons and
Daughters of Certain Military Personnel, Veterans, and Enlistees
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•

Proof of identity and nationality (including a birth certificate, a passport and/or
identification card, driver’s license, notarized affidavit(s), etc.);

•

If applicable, any document the alien used to lawfully enter the United States
(including, but not limited to, Form I-94, Arrival/Departure Record, passport with
visa and/or admission stamp, and any other documents issued by other
components of DHS or legacy INS);

•

Form G-325A, Biographic Information;

•

Two identical, color, passport style photographs; and

•

Evidence of any additional discretionary factors that the requestor would like
USCIS to consider.

Individuals who have obtained deferred action are eligible to apply for work authorization
for the period of deferred action if they can demonstrate economic necessity. See 8 CFR
274a.12(c)(11), (14). See Form I-765, Application for Employment Authorization.
A requestor who has legal representation must submit a properly completed Form G-28,
Notice of Entry as Attorney or Accredited Representative.
3. A new subsection (3) is added to Chapter 21.1(c) to read as follows:
(3) Petition Filing Requirement for Certain Parole or Deferred Action Requests.
USCIS encourages applicants to continue on a path toward lawful permanent resident
status whenever applicable. In cases where it is applicable, USCIS encourages the filing of
a Form I-130, Petition for Alien Relative (or Form I-360, Petition for Amerasian, Widow(er),
or Special Immigrant) to allow USCIS to use an established process in evaluating the bona
fides of the pertinent family relationship. In some cases where subsequent parole in place
or renewal of deferred action is requested, such filing may be required (see AFM
21.1(c)(3)(A) below). USCIS checks the bona fides of the qualifying family relationship in
all parole in place and deferred action requests regardless of whether the Form I-130 (or
Form I-360) has been filed.
In all cases where a Form I-130 or Form I-360 has been filed, USCIS may grant either
parole in place, as provided in AFM 21.1(c)(1), or deferred action, as provided in AFM
21.1.(c)(2), as long as the applicant’s Form I-130 (or Form I-360) is pending or approved
(and still valid). Even in cases where the Form I-130 or Form I-360 is required, it does not
need to be approved prior to a grant of either parole in place or deferred action. Upon
receiving the receipt notice for the Form I-130 or Form I-360, the alien may file the request
for either parole in place or deferred action with the USCIS office with jurisdiction over the
alien’s place of residence. The request for either parole in place or deferred action must
include documentation to establish an eligible family relationship. Such evidence may
include a previously approved petition.
Note: Proof of filing the Form I-130 or Form I-360 is not required, even in applicable cases,

PM-602-0114: Discretionary Options for Designated Spouses, Parents, and Sons and
Daughters of Certain Military Personnel, Veterans, and Enlistees
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for initial requests for parole in place or deferred action as provided under AFM 21.1(c)(1)
and AFM 21.1(c)(2). See AFM 21.1(c)(3)(B).
(A) Petition Required for Request for Subsequent Parole in Place or Renewal of Deferred
Action.
Active Duty military members, individuals in the Selected Reserve of the Ready Reserve,
individuals who have previously served on active duty in the U.S. military or in the Selected
Reserve of the Ready Reserve, and DEP enlistees, if eligible to file a Form I-130 on behalf
of a family member requesting subsequent parole in place or renewal of deferred action as
provided under AFM 21.1(c)(1) or (c)(2), must submit a completed Form I-130 for the family
member, with fee and according to the instructions on the form, prior to filing the request for
subsequent parole in place or renewal of deferred action, as applicable. (See Form I-130
instructions for more information on who may file.)
Surviving spouses, parents, sons, and daughters of deceased service members and
veterans (described above) who were residing in the United States at the time of the
service member’s death and who are eligible to file Form I-360 on their own behalf must
submit a completed Form I-360, with fee and according to the instructions on the form, prior
to filing the request for subsequent parole in place or renewal of deferred action, as
applicable. (See Form I-360 instructions for more information on who may file. See also the
USCIS web site at: http://www.uscis.gov/military/family-based-survivor-benefits/survivorbenefits-relatives-us-citizen-military-members.)
The Form I-130 (or Form I-360) filing requirement for requests for subsequent parole in
place or renewal of deferred action as provided under AFM 21.1(c)(1) and AFM 21.1(c)(2)
applies only to requests that are submitted on or after November 23, 2017 (one year after
publication of this memorandum).
(B) Cases where Petition is Not Required at Any Time.
Individuals who are ineligible to file a Form I-130 or a Form I-360 are not required to do so;
they may still request parole in place or deferred action, as applicable. In particular, MAVNI
recruits in the DEP are not eligible to file Form I-130 and therefore not required to do so.
MAVNI recruits may, however, become eligible for naturalization under INA § 329(a) upon
entering active duty. Recruits typically must wait until they naturalize before filing a Form I130 for any eligible family members.
Proof of filing the Form I-130 (or Form I-360) also is not required, even in applicable cases,
for initial requests for parole in place or deferred action as provided under AFM 21.1(c)(1)
and AFM 21.1(c)(2).
4. The AFM Transmittal Memorandum button is revised by adding a new entry, in numerical
order, to read:
AFM Update
(11/23/2016)

Chapter 21.1

This PM amends AFM Chapter 21.1(c) to address
discretionary options for designated spouses,
parents, and sons and daughters of certain military
personnel, veterans, and enlistees.

PM-602-0114: Discretionary Options for Designated Spouses, Parents, and Sons and
Daughters of Certain Military Personnel, Veterans, and Enlistees
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Use
This PM is intended solely for the guidance of USCIS personnel in the performance of their official
duties. It is not intended to, does not, and may not be relied upon to create any right or benefit,
substantive or procedural, enforceable at law or by any individual or other party in removal
proceedings, in litigation with the United States, or in any other form or manner.
Contact Information
Questions or suggestions regarding this PM should be addressed through appropriate channels to the
Field Operations Directorate or Office of Policy & Strategy.


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