# Discretionary Options for Military Members, Enlistees and Their Families

We recognize the important sacrifices made by U.S. service members, veterans, enlistees, and their families. To support these individuals, we provide discretionary options such as parole or deferred action on a case-by-case basis.

The U.S. Department of Homeland Security will accept and consider, on a case-by-case basis, parole requests under section 212(d)(5) of the Immigration and Nationality Act (INA) from certain noncitizen current and former military service members and qualifying family members of current and former military service members who are outside the United States so that they may seek to enter the United States to better avail themselves of U.S. legal counsel and systems and gain access to certain veterans’ benefits. IMMVI-based parole requests for current and former service members are:
                      - Adjudicated by immigration officers who have received specialized training developed in coordination with the Department of Veterans Affairs;
                      - Automatically processed with expedited handling;
                      - Exempt from paying the fee for the initial Form I-131, which is required to apply for IMMVI-based parole; and
                      - Exempt from paying the fee for the initial Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD) once paroled into the United States.

**How to Apply for IMMVI-Based Parole for Current and Former Service Members**

To request IMMVI-based parole, you must submit the following:
                      - Form I-131, Application for Travel Document , (completed and signed) without fee. You must handwrite “IMMVI” at the top of the form and check 1e or 1f in Part 2;
                      - Form I-134, Affidavit of Support  (completed and signed).
                      - Documentation that supports military service such as the Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official service or discharge document;
                      - Evidence of urgent humanitarian reasons or significant public benefit; and
                      - Evidence of any additional favorable discretionary factors that you want considered.

**Submit Form I-131 to:**

**For U.S. Postal Service (USPS):**

USCISAttn: HP IMMVIP.O. Box 660865Dallas, TX 75266-0865

**For FedEx, UPS, and DHL deliveries:**

USCISAttn: HP IMMVI (Box 660865)2501 S. State Hwy. 121 BusinessSuite 400Lewisville, TX 75067-8003

**Note:** If you are also eligible for naturalization, you may submit Form N-400, Application for Naturalization, without a fee together with your Form I-131 to the same address. You should write “IMMVI” at the top of both forms. If applicable, please complete the question on the Form I-131 about removal proceedings. If you do not note any removal proceedings on the Form I-131, it could result in processing delays.

**Qualifying Familial Relationship**

Military service sacrifice is not limited to the noncitizen current or former service member alone. To recognize that sacrifice and promote family unity, certain family members of current and former service members may also request IMMVI-based parole. Qualifying family members are:
                      - A current spouse, child (as defined in section 101(b) of the INA), or unmarried son or daughter (as well as the unmarried son’s or daughter’s unmarried children who are under 21 years of age), of a current or former service member; and
                      - Any current legal guardian or surrogate of a current or former service member when the guardian or surrogate files a Form I-131 to request parole concurrently with the service member’s Form N-400, Application for Naturalization.

Each qualifying family member may file Form I-131 independently and must be individually eligible for parole, meaning there are urgent humanitarian reasons or a significant public benefit for their parole, and that the family member merits a favorable exercise of discretion. A qualifying family member must provide all the required documentation to establish their family member’s military service and a qualifying familial relationship, which may include a birth certificate, marriage certificate and prior divorce decrees, and court documentation of legal guardianship or surrogacy as applicable.

**How to Apply for IMMVI-Based Parole for Family Members**

To request IMMVI-based parole, you must submit the following:
                      - Form I-131, Application for Travel Document  (completed and signed) with fee or request for fee waiver (Form I-912). You must handwrite “IMMVI” at the top of the form and check 1e or 1f in Part 2;
                      - Form I-134, Affidavit of Support  (completed and signed).
                      - Documentation that supports your family member’s military service such as the Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official service or discharge document;
                      - Documentation to establish a qualifying familial relationship;
                      - Evidence of urgent humanitarian reasons or significant public benefit; and
                      - Evidence of any additional favorable discretionary factors that you want considered.

**Note:** For a legal guardian or surrogate to be eligible for IMMVI-based parole, they must file a Form I-131 (with the proper fee or fee waiver request, Form I-912) concurrently with a service member’s Form N-400.

**Note:** When possible, your Form I-131 should be filed along with your military relative’s Form I-131. Failure to submit forms for qualifying family members together could result in delays in processing.

**Submit Form I-131 to:**

**For U.S. Postal Service (USPS):**

USCISAttn: HP IMMVIP.O. Box 660865Dallas, TX 75266-0865

**For FedEx, UPS, and DHL deliveries:**

USCISAttn: HP IMMVI (Box 660865)2501 S. State Hwy. 121 BusinessSuite 400Lewisville, TX 75067-8003

For additional information, see the IMMVETS Resource Center.

We may grant parole in place on a case-by-case basis for urgent humanitarian reasons or significant public benefit under section 212(d)(5)(A) of the INA. You may be eligible for parole in place in 1-year increments if you are one of the following service members, or are the spouse, widow(er), parent, son, or daughter of one of the following service members:
                    - Active-duty member of the U.S. armed forces;
                    - Individual in the Selected Reserve of the Ready Reserve; or
                    - Individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.

Parole in place may be granted only to individuals who are present without admission and are therefore applicants for admission. If you were admitted to the U.S. lawfully but are present in the U.S. beyond the period of stay authorized), you are not eligible for parole in place because you are not an applicant for admission. However, you may qualify for deferred action. See the Deferred Action section below for more information.

To request parole in place, you must submit the following to the USCIS office with jurisdiction over your place of residence (military families on assignment in an area different from their permanent place of residence may submit their request to the office with jurisdiction over either location):
                    - Completed  Form I-131, Application for Travel Document  (without fee). You must handwrite “Military PIP” in Part 2 instead of checking a box;
                    - Evidence of the family relationship, such as:                       - Marriage certificate;
                      - Documentation of termination of previous marriage;
                      - Son or daughter’s birth certificate;
                      - Current or former service member’s birth certificate with parent’s name; or
                      - Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS);
                    - Evidence that your family member is a current or former member of the U.S. armed forces, such as a photocopy of the front and back of the service member’s military identification card or DD Form 214;
                    - For parents of current and former service members of the U.S. armed forces, evidence the current or former service member supports the application for parole in place;
                    - Two identical, color passport-style photographs; and
                    - Evidence of any additional favorable discretionary factors that you would like us to consider.

For information about parole in place and how to apply, see the Adjudicator’s Field Manual Chapter 21.1(c)(1) (PDF, 1.77 MB).

Deferred action is a form of prosecutorial discretion to defer removal action (deportation) against an individual for a certain period of time. If we grant you deferred action, the Department of Homeland Security (DHS) considers you to be lawfully present in the United States for the period deferred action is in effect. Deferred action does not give you lawful status, nor does it excuse any past or future periods of unlawful presence.

Under existing regulations, if you are granted deferred action, you are eligible to apply for employment authorization for the period of deferred action if you can demonstrate “an economic necessity for employment.” DHS can terminate deferred action at any time, at its discretion.

You may be eligible for deferred action for up to 2 years if you are the spouse, widow(er), parent, son or daughter of an:

                        - Active-duty member of the U.S. armed forces;
                        - Individual in the Selected Reserve of the Ready Reserve; or
                        - Individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.

In addition, Military Accessions Vital to the National Interest program enlistees in the Department of Defense Delayed Entry Program (DEP) may be eligible for deferred action. Spouses, parents, sons and daughters of enlistees in the DEP may also be eligible for deferred action.

To request deferred action, you must submit the following:

                        - A letter stating the basis for your deferred action request;
                        - A copy of DD Form 4, Enlistment/Reenlistment Document;
                        - Evidence of any additional factors supporting a favorable exercise of discretion in the form of deferred action;

                        - Proof of family relationship, if applying based on family relationship to military member, veteran or enlistee, such as:

                        - Marriage certificate
                        - Documentation of termination of previous marriage
                        - Son or daughter’s birth certificate
                        - Military member’s birth certificate with parent’s name

                        - Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS);

                        - Proof of residence in the United States at the time of the service member’s death (If you are a surviving family member);
                        - Proof of identity and nationality;
                        - If applicable, any document you used to lawfully enter the United States;
                        - Form G-325A, Biographic Information; and

                        - 2 identical, color, passport-style photographs.

Effective Nov. 13, 2023, submit the above items by mail to:

USCIS  Attn: Deferred Action  10 Application Way  Montclair, CA 91763-1350  

For information about deferred action and how to apply, see the Adjudicator’s Field Manual Chapter 21.1(c)(2) (PDF, 1.82 MB). 

Effective June 8, 2016, certain Filipino World War II veterans and their spouses who are U.S. citizens or lawful permanent residents (LPRs) may request parole for certain family members. For more information, see our Filipino World War II Veterans Parole Program page.

For additional information, see IMMVETS at www.dhs.gov/immvets, or contact us at:
                    - USCIS Naturalization Military Help Line
                    - Self-service tools and other information:  USCIS Contact Us

11/15/2023

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