New USCIS Memo Clarifies Discretion re: Military Families

Today, the USCIS issued a new policy memorandum: Discretionary Options for Designated Spouses, Parents, and Sons and Daughters of Certain Military Personnel, Veterans, and Enlistees. This memo “clarifies and supplements” the 2013 Parole in Place (PIP) memo.

The memo is designed to:

• 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.

Who knew that we’d get more deferred action news with less than two months to go before the Trump presidency?

-KitJ