Military parole in place

USCIS's page for military families (updated Sept. 22, 2026) still lists parole in place as a discretionary, case-by-case option.

Who USCIS says may request it

The spouse, widow(er), parent, son or daughter of, or the person who is:

• an active-duty member of the U.S. armed forces;
• in the Selected Reserve of the Ready Reserve; or
• a former active-duty or Selected Reserve member (living or deceased) who was not dishonorably discharged.

The person must be present without admission. Someone admitted lawfully who overstayed is not eligible for parole in place but may qualify for deferred action.

What is filed

Form I-131 with evidence of the family relationship, evidence of the military service, two passport-style photos and favorable factors. Parents must show the service member supports the request. Grants are in 1-year increments.

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.

Congress's direction

The FY 2020 National Defense Authorization Act (Pub. L. 116-92, § 1758) directs DHS to consider military parole in place requests case by case, with military family unity as a significant public benefit. It does not guarantee approval.

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.

More for military families: militaryimmigration.law.