U.S. Department of Homeland Security 

Wa.shington, DC 20528 

Homeland 

Security 

MEMORANDUM FOR EMPLOYEES OF: 

FROM: 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 

U.S. CUSTOMS AND BORDER PROTECTION 

U.S. CITIZE~ . - PANt ~~RATION SERVICES 

Tae D. Johnso L#~ 

Acting Direc or 

U.S. Immigration and Customs Enforcement 

Chris Magnus=:::==:::----0

----­ Comm issioner 

U.S. Customs and Border Protection 

SUBJECT: Supplemental Parole Guidance for Certain Noncitizen Current and Former 

Service Members and Qualifying Family Members of Current and Former 

Service Members Seeking to Return to the United States 

Purpose 

This guidance provides policy and operational instructions and defines DHS agency and office 

roles in accepting and considering requests for parole from noncitizen current and former 

military service members and their qualifying family members who are outside of the United 

States. 1 

In recognition of the pro"found commitment and sacrifice that current and former military service 

members and their families make and have made to the United States. the U.S. Department of 

Homeland Security (DHS) will accept and consider, on a case-by-case basis, parole requests 

under section 2 12(d)(S) of the Immigration and Nationality Act (INA)2 from certain noncitizen 

current and former military service members and qualifying family members of current and 

1 See 8 C.F.R. §§ 2.1, 2 12.5; see also Memorandum of Agreement Between United States Citizenship and 

lmmigr.11 ion Services (USCIS), U.S. Immigration mid Customs Enforcement (ICE), and U.S. Customs and Border 

Protection (CBP) For the purpose of Coordinating the Concurrent Exercise by USCIS. ICE, and CBP, of the 

Secretary 's Parole Authority under INA ~ 212(d)(5)(A) with Respect to Cenain Aliens Located Outside of the 

United States (Sept. 29. 2008) (DHS Parole MOA). 

~ 8 U.S.C. § I l 82(d)(5). 

FOR OFFICIAL USE ONLY 

February 11, 2022
Supplemental Parole Guidance for Certain Noncitizen Current and Fom1er Service Members and 

Qualifying Family Members of Current and Former Service Members Seeking to Return to the 

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former military service members who are outside the United States, so that they may seek return 

to the United States to better avail themselves of U.S. legal counsel and systems and gain access 

to certain veterans· benefits. 

The July 2, 202 1 DI-IS Component Memorandum for the Secretary of Homeland Security states, 

in pertinent part, that DI-IS Components will: 

Use DHS's prosecutorial discretion and other legal authorities to receive and 

review requests from certain previously removed former noncitizen service 

members and immediate family members of service members to return to the 

United States to facil itate better access to appropriate Veterans Affairs (VA) 

benefits, legal counsel, and the U.S. legal system for purposes of requesting postconviction relief or reopening of removal proceedings, if warranted. We will 

develop a Department-wide approach to reviewing requests for relief from 

remova l by previously removed noncitizen service members and immediate 

family members of service members to support humane and consistent outcomes. 3 

Background 

Throughout U.S. history. noncitizens have honorably served in the U.S. Armed Forces. 

Although the INA contains specific provisions allowing noncitizen service members to apply for 

naturalization,~ some noncitizen current and former service members may not have applied for 

naturalization or may have been denied naturalization and became subject to civil immigration 

enforcement and removal due to several possible factors, including criminal behavior. However, 

prior removal, or certain criminal behavior, does not automatically disqualify some individuals 

from naturalization or other immigration benefits. Additionally, prior removal or criminal 

behavior does not automatically disqualify former service members from benefits administered 

by the VA based on their prior service. Allowing certain individuals to return to the United 

States to apply for and fully access these benefits will yield a significant public benefit by 

fulfilling our obligation to support the men and women who defend our Nation and to care for 

them and their families. 

Military personnel are commonly exposed to health-harming conditions during their service, 

resulting in higher rates of physical and mental health conditions compared with the general 

population. 5 Studies have shown that mi litary veterans report higher rates of many health 

conditions compared \.V ith the general population, including physical health symptoms (e.g., pain. 

fatigue), chronic conditions (e.g., diabetes). mental health disorders (e.g .. post-traumatic stress 

disorder. depression) and harmfu l substance use. In many cases, barring a fom1er service 

member from entering the United States limits their access to VA health services to which they 

3 See DHS"s Commitment 10 Supporting Nonci1 izen Service Members. Veterans, and Immediate Family Members 

ofService Members Memorandum (July 2, 2021 ). 

~INA§ 329, 8 U.S.C. § 1440. 5 Horyniak D .. et al.. Dcportatio11 ofNon-Citi;e11 ,1/ilitary Veterans: A Critical A11a~vsis ofl111plica1ionsfor the Right 

to Health, Global Public Heallh (Dec. 15.2017). available at https://pubmed.ncbi.nlm.nih.gov/29243564/. 

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Supplemental Parole Guidance for Certain Noncitizen Current and Former Service Members and 

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may othetwise be entitled. Availability of, and access to, healthcare while living outside ofthe 

United States may be limited for reasons including barriers to enrolling in public insurance plans, 

challenges navigating unfamiliar health systems, and stigma and discrimination towards deported 

fonner service members. Additionally, the quality ofavailable care may be sub-optimal due to 

limited expertise in service-related health issues and lack ofevidence-based treatment for some 

health conditions ( e.g., substance use dependence). 

Justification for Considering Parole Requests from Current and Former Military Memben 

and Their Families 

The Secretary ofHomeland Security, in his discretion, may parole an individual "into the United 

States temporarily under such conditions as he may prescribe only on a case-by-case basis for 

urgent humanitarian reasons or significant public benefit."6 The Secretary may set the duration 

ofthe parole based on the purpose for granting the parole request. Parole is neither an 

immigration status nor an admission to the United States,7 and individuals who may be otherwise 

inadmissible may be paroled into the United States. OHS may terminate the parole at any time 

and the individual's case shall continue "in the same manner as that ofany other applicant for 

admission to the United States. "8 

Parole for noncitizen current and former military service members and their families outside the 

United States (to include those who were removed from the United States) generally would 

provide a significant public benefit to the United States by recognizing the profound 

commitment and sacrifice that military service members and their families have made to the 

United States. A grant ofparole may promote family unity among military service members or 

assist former military service members (and their family members) who may be eligible for 

naturalization or other immigration benefits or post-conviction relief. In certain cases, there also 

may be an urgent humanitarian reason to permit former service members ( or their family 

members) to return to the United States to receive medical treatment and access VA benefits, 

including care for physical and mental health conditions arising from their service, that may only 

be available in the United States. The decision whether to grant a parole request will be 

_ determined on a case-by-case basis and upon a thorough review ofthe request and other relevant 

information related to the noncitizen. 

Jurisdietion Over Parole Requests from Current and Former MIUtary Memben and Their 

Families. 

Under current OHS guidelines, ICE generally has jurisdiction over parole requests for 

individuals who are in removal proceedings, have final orders ofremoval or have been removed, 

and individuals granted deferred action by ICE at any point after the commencement ofremoval 

proceedings.9 Parole requests from previously removed service members and certain qualifying 

6 INA§ 212(d)(SXA), 8 U.S.C. § I182(dXS)(A). 7 INA§ 212(d)(SXA), 8 U.S.C. § 1182(d)(S)(A). 8 Id; see also 8 C.F.R. § 212.S(c)-(e). 9 See DHS Parole MOA (Sept. 29, 2008). 

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family members will therefore generally fall under ICE jurisdiction. For other individuals who 

do not fall under ICE's jurisdiction, USCIS will generally have jurisdiction to adjudicate the 

parole request. CBP has jurisdiction over all parole requests at the port ofentry regardless ofthe 

applicant having pending removal proceedings or having previously been removed and does not 

require advance tiling ofa Fonn 1-131, Applicationfor Travel Document. The Component that 

adjudicates the parole requests for these individuals should also adjudicate the requests ofany 

derivative family members, whether accompanying the principal or following to join later. 

Certain current and fonner service members and their qualifying family members residing 

outside the United States, as described in this policy, may file a Fonn 1-131 to request parole into 

the United States from USCIS or ICE. All Form 1-131 filings will continue to be filed with a 

USCIS Lockbox. Ifthe parole applicant falls under ICE jurisdiction as described above, USCIS 

will direct the case to, or coordinate with ICE, as appropriate. Ifthe Fonn 1-131 is approved by 

USCIS or ICE, the individual may be issued an Advance Parole Document that allows the 

individual to request parole at a port ofentry where a CBP officer inspects the individual and 

determines whether to authorize parole and the length oftheir parole period. 

Specialized Training for DBS Officen Considering Parole Requests from Current and 

Former Military Memben and Their Families 

Considering the unique circumstances and significant U.S. equities in supporting current and 

former members ofthe military and their families, any officer who is assigned to review Fonn 1-

131 parole requests under this guidance must receive specialized training developed in 

coordination with the VA. 

Expedited Handling and Supe"isory Level Review 

All parole requests that fall within these guidelines will be reviewed expeditiously and must 

receive a supervisory review at the level determined by the component having jurisdiction over 

the case, prior to issuing a final decision. When the component with jurisdiction for the request 

completes its review, the case will be forwarded to the supervisor for concurrence. The 

component will report decisions to the Immigrant Military Members and Veterans Initiative 

(IMMVI) Interagency Group for tracking and reporting purposes. •

0 

Ifa final decision cannot be reached within 90 days ofreceipt at the reviewing office, the 

reviewing office will provide progress updates to the IMMVI lnteragency Group at 60-day 

intervals until a final detennination is made. The IMMVI lnteragency Group will have a strictly 

consultative and coordinating role and will not provide a binding or detenninative opinion or 

recommendation. 

10 The Immigrant Military Members and Veterans Initiative {IMMVI) is an interagency working group made up of 

represematives from USCIS, ICE and CBP, the VA, and Department ofDefense. 

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Qualifying Family Members ofCurrent and Fonner Service Members Seeking to Return to the 

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Pages 

Fees 

The USCIS Director will exercise the authority under 8 CFR 103.7(d) to approve exemptions 

from any fee required by 8 CFR 103.7(b)(l)(i) for the initial Fonn 1-131 and the initial 

Fonn 1-765, Application for Work Authorization, (ifapplicable), as it is in the public interest and 

consistent with other applicable policy related to current and former members ofthe military. 

Family members must submit the appropriate fees with the fonns or accompanying fee waiver 

request, using Fonn 1-912, Request/or Fee Waiver. 

Demonstrating Current and Former Service Membership and Military Senice 

It is the applicant's burden to establish that they are a current or former service member or are a 

qualifying family member under this policy and is responsible for providing evidence to meet 

their burden. Documentation that supports military service include the Certificate ofRelease or 

Discharge from Active Duty (DD Fonn 214), National Guard Report ofSeparation and Record 

ofService (NOB Fonn 22), or other official service or discharge document. 

Qualifying Familial Relationship 

Military service sacrifice is not limited to the noncitizen current or fonner service member alone. 

To recognize that sacrifice and promote family unity, this guidance applies to certain family 

members ofcurrent and fonner service members. Qualifying family members are: 

• A current spouse, 11 child, 12 or unmarried son or daughter and their unmaniecl children 

who are under 21, ofa current or fonner service member. 

• Any current legal guardian 13 or surrogate of a current or fonner service member when the 

guardian or surmgate files a Form 1-131 to request parole concurrently with the service 

member's application for naturalization using Fonn N-400, Application/or 

Naturalization. 

There is generally a significant public benefit to the parole ofthe qualifying family member due 

to family unity considerations and to recognize their sacrifice as a family member ofa current or 

fonner service member. 

Each qualifying family member may file Fonn 1-131 independently and must be individually 

eligible for parole, such that there are urgent humanitarian reasons or a significant public benefit 

for their parole, and that the family member merits a favorable exercise ofdiscretion. A 

qualifying family member must provide all the required documentation to establish their family 

u An individual is a spouse ofthe service member ifthe marriage was a valid marriage by the law ofthe place 

where the marriage was celebrated not contrary to U.S. public policy and is a bona fide marriage. 12 See INA IOl(b) and INA IOl(c). 

u A legal guardian or surrogate is a person designated by a court to exercise legal authority over the service 

member's affairs. 

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member's military service and a qualifying familial relationship, which may include a birth 

certificate, maniage certificate and prior divorce decrees, and court documentation oflegal 

guardianship or surrogacy as applicable. 

Exercise ofDiscretion 

In evaluating parole requests on a case-by-case basis, OHS weighs all relevant considerations, 

including the significant public benefit interest and urgent humanitarian reasons for facilitating 

parole ofcurrent and former U.S. military members and qualifying family members residing 

outside the United States. Absent significant negative factors, including any factors indicating 

that the applicant poses a national security 14 or current public safety threat, 15 parole would 

generally be an appropriate exercise ofdiscretion for certain current and former U.S. military 

service members and the qualifying family members described above. The applicant has the 

burden ofestablishing that he or she warrants a favorable exercise ofdiscretion, and every 

application will be adjudicated and considered on a case-by-case basis, based on the totality of 

the facts and circumstances. 

Additional Factors to Consider 

The qualifying individual's military service or their qualifying family member's military service 

ordinarily weighs heavily in favor ofparole, but this may be overcome ifthere is significant 

derogatory infonnation indicating that the applicant poses a national security or current public 

safety threat. Officers should refer to the OHS Guidelines for the Enforcement ofCivil 

Immigration Law when assessing the totality ofthe circumstances on a case-by-case basis, which 

include the following examples: 16 

• the gravity ofthe offense ofconviction and the sentence imposed; 

• the nature and degree ofhann caused by the criminal offense; 

• the sophistication ofthe criminal offense; 

• use or threatened use ofa fireann or dangerous weapon; 

• a serious prior criminal record; 

• advanced or tender age; 

• lengthy presence in the United States; 

• a mental condition that may have contributed to the criminal conduct, or a physical or 

mental condition requiring care or treatment; 

• status as a victim ofcrime or victim, witness, or party in legal proceedings; 

• the impact ofremoval on family in the United States, such as loss of provider or 

caregiver; 

14 DHS will determine whether a noncitiz.en poses a threat to United States sovereignty, temtorial integrity, 

national interests, or institutions. General criminal activity does not amount to a national security threat. 

15 See Guidelines for the Enforcement ofCivil Immigration Law. (Sept. 30, 2021 ). 

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• whether the noncitizen may be eligible for humanitarian protection or other immigration 

relief; 

• military or other public service ofthe noncitizen or their immediate family; 

• time since an offense and evidence ofrehabilitation; and, 

• conviction was vacated or expunged. 

Additional factors to consider that apply to certain current and former U.S. military members and 

qualifying family members, include: 

• pathway to naturalization or other immigration status; 

• a need to access the U.S. legal system to assist with appeals ofcriminal convictions, 

discharge upgrade requests, and reopening removal proceedings, if appropriate; 17 

• medical conditions related to military service; and, 

• a need for medical services with the VA that can only be accessed in the United States. 

In evaluating parole requests, DHS will consider, as an exceptionally strong favorable factor, 

the fact that an applicant, or the qualifying family member ofsuch an applicant, has filed a 

Form N-400 and appears to be prima facie eligible for naturaliz.ation under INA§ 329. 18 

Ifthe current or former service member or their family member does not appear eligible for 

naturalization, or other immigration status, DHS will not consider this a strong negative 

factor. 

17 Evidence, such as an affidavit, that addresses the fonner service member's access to counsel at the time ofany 

prior removal proceeding or whether counsel at the time ofany prior criminal plea provided accurate infonnation 

about the possible immigration consequences ofall charges is now required for the plea to be constitutionally 

sufficient under Padilla v Kentucky, SS9 U.S. 356 (2010). However, Padilla's requirement that counsel advise a 

defendant ofa guilty plea's immigration consequences does not apply retroactively to convictions that became final 

prior to the issuance ofthe Padilla decision on March 31, 2010. Chaidez v. United States, 568 U.S. 342,358 (2013). 

In some circuits, however, the Chaidez holding on retroactivity ofPadilla does not apply to cases in which counsel 

had engaged in a material misrepresentation ofthe federal immigration consequences ofthe criminal plea, see, e.g., 

UnitedStatesv. Castro-Taveras, 841 F.3d 34 (1st Cir. 2016); United States v. Chan, 792 F.3d 1151 (9th Cir. 201S); 

whereas other circuit courts have held that Chaidez extends to attorney misadvice claims, see, e.g., Chavarria v. 

United States, 739 F.3d 360 (7th Cir. 2014). State courts have varying rules on the retroactive applicability of 

Padilla. Ifthere is substantial and probative evidence that Padilla was violated or there was a material 

misrepresentation by counsel concerning the immigration consequences ofa criminal plea, such evidence may tend 

to show that the applicant may benefit from improved access to the U.S. legal system to appeal a criminal conviction 

and thus may be considered a positive discretionary factor in the parole adjudication. 

18 See USCIS Policy Manual, Volume 12, Citizenship and Naturalimtion, Part I Militmy Members and their 

Families, Chapter 3, Militmy Service during Hostilities (INA 329) (12 USCIS-PMl.3] and Chapter S, Application 

and Filing for Service Members (INA 328 and 329) (12 USCIS-PM I.SJ. 

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Documentation 

It is the applicant's burden to establish that they are a current or former service member or are a 

qualifying family member under this policy and that they warrant a favorable exercise of 

discretion. 19 The applicant is responsible for providing evidence to meet their burden. 

Parole Period and Re-Parole Requests 

Ifdiscretion to grant parole is favorably exercised, the responsible OHS component should 

authorize parole for a period ofup to 12 months with the option for additional periods of 

authorized parole, also known as re-parole, in increments ofup to 12 months, as appropriate. 

When detennining the initial period ofparole, factors to be considered include the estimated time 

needed for proper medical treatment, family unity, the complicated nature ofpost-conviction 

relief, or processing time delays with the Executive Office for Immigration Review and USCIS, 

as applicable to the individual's case. OHS also may prescribe reasonable tenns and conditions 

for the parole ofany individual, including issuing parole for multiple entries, the giving ofa 

bond, or periodic reporting ofwhereabouts.20 

Employment Authorization 

Recipients ofparole under this policy may apply for employment authorization.21 The favorable 

exercise ofdiscretion to grant parole to these beneficiaries generally should lead to approving 

employment authorization. If approved, the employment authorization document should 

generally be issued to cover the same period as the parole. 

Advance Parole Documents to Facilitate Return to the United States after Temporary 

Travel Abroad 

Ifa beneficiary ofthis policy needs to travel outside the United States and return, the 

individual must file with USCIS a Fonn 1-131 to request an Advance Parole Document 

prior to departing the United States. Advance Parole may be issued for single or multiple 

entries. 

Parole in Place for Family Memben of Current and Former U.S. Military Memben 

This memorandum does not replace or change current USCIS policy guidance related to parolein-place for certain family members of current and former U.S. military members inside the 

United States. 

19 See INA 291; 8 U.S.C. 1361 20 See INA§ 2l2(dXSXA); 8 C.F.R. § 212.S(c). 

21 8 C.F.R. § 274a.12(cX11). 

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No Private Rights Created 

This memorandum is not intended to, does not, and should not be construed to create, modify, or 

destroy any right or benefit, substantive or procedural, enforceable at law or in equity by any 

party against the United States, its departments, agencies, or entities, its officers, employees, or 

agents, or any other person. , 

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