Options for military families

USCIS describes several discretionary, case-by-case options for families of active-duty members, Selected Reserve members, and veterans who were not dishonorably discharged. None is guaranteed.

Military parole in place

As of its page updated Sept. 22, 2026, USCIS says it may grant parole in place, in 1-year increments, under INA 212(d)(5)(A) to the spouse, widow(er), parent, son or daughter of a qualifying service member or veteran, or to the service member, if the person is present without admission (for example, entered without inspection).

• People who were admitted lawfully and then overstayed are not eligible for parole in place, but may qualify for deferred action.
• Filed on Form I-131 with proof of the family relationship and of the military service, two passport-style photos, and any favorable factors.
• Parents must show the service member supports the request.

Parole in place can satisfy the "inspected and admitted or paroled" requirement for adjustment of status, but every other green card requirement still applies.

The parole fee: no military exception

H.R. 1 (Pub. L. 119-21, § 100004, 8 U.S.C. 1804) requires a fee from "any alien who is paroled into the United States." DHS says it applies each time parole is granted, including parole in place and re-parole.

• Amount: $1,000 (FY 2025), $1,020 from Jan. 1, 2026, and $1,050 for parole granted on or after Oct. 16, 2026. It is adjusted for inflation every year.
• Exceptions: the law lists ten, covering certain medical emergencies, organ donation, a close relative's imminent death or funeral, certain adopted children, adjustment applicants returning from travel, certain people returned to Mexico or Canada who are paroled to attend their hearing, Cuban and Haitian entrants, and certain law-enforcement cooperation. None of them is for military families. The person asking for an exception has to prove it.
• No waiver: outside those exceptions, the law says the fee "shall not be waived or reduced."
• When it is paid: do not send it with Form I-131. If USCIS decides to approve, it sends a conditional approval notice with payment instructions and a deadline. If the fee is not paid in time, the request is denied.
• Since Feb. 5, 2026, USCIS has paused HR-1 fees for confirmed members of the Ms. L. v. ICE settlement class and their qualifying family members, following a court decision.

Where to file

Military parole in place requests on Form I-131 (Part 1, Item 8.A, or 10.H for re-parole) go to the USCIS lockbox for the state where you live, which is currently the Dallas Lockbox for Virginia, Maryland and D.C. residents. USCIS changed its Form I-131 filing locations on Oct. 7, 2026, and accepts forms sent to a prior location if they are postmarked by Nov. 9, 2026. The July 2025 instruction to file at Montclair, California has been replaced. Check the USCIS filing page before you mail anything.

Did the 2024 Keeping Families Together ruling affect military parole in place?

The judgment in Texas v. DHS (E.D. Tex. Nov. 7, 2024) vacated only the Keeping Families Together rule, and the court chose not to issue an injunction. Its reasoning was broader: it concluded that INA 212(d)(5) by itself does not authorize parole "in place." The opinion also noted that other laws "may, of course, specially deem such an entry to have occurred," citing the military parole in place provision of the FY 2020 NDAA (§ 1758). It did not decide whether military parole in place is lawful. As of its page updated Sept. 22, 2026, USCIS still lists military parole in place. Whether that reasoning will be applied to military families in a later case is unresolved.

Military parole in place is separate from the Keeping Families Together program. See paroleinplace.law.

Deferred action

USCIS may grant deferred action for up to 2 years to the spouse, widow(er), parent, son or daughter of a qualifying member or veteran, and to certain Delayed Entry Program enlistees and their families. Deferred action is not a status and does not erase unlawful presence, but recipients may apply for a work permit if they show economic necessity.

IMMVI parole (from outside the U.S.)

Under the Immigrant Military Members and Veterans Initiative, DHS considers parole requests from certain current and former service members, and qualifying relatives, who are outside the United States.