Difference Between Parole in Place (PIP) and Deferred Action

Both Parole in Place (PIP) and Deferred Action are discretionary forms of immigration relief designed to help individuals remain in the United States under certain circumstances. While they share similarities, such as providing temporary protection from deportation, they serve different purposes and have distinct eligibility requirements and benefits.

1. Purpose

  • Parole in Place (PIP):
    PIP is specifically designed for immediate family members of U.S. military service members, veterans, and reservists. It allows individuals who entered the U.S. without inspection to remain lawfully in the country and potentially adjust their status to lawful permanent residency.
  • Deferred Action:
    Deferred Action provides temporary protection from deportation to individuals who do not fall under specific military-related provisions but are otherwise at risk of removal. It allows them to remain in the U.S. for a limited period while addressing their immigration status.

2. Eligibility

  • Parole in Place (PIP):
    • Available only to immediate family members (spouse, children, or parents) of:
      • Active-duty service members.
      • Veterans who served honorably.
      • Reservists in the U.S. Armed Forces.
    • Specifically for individuals who entered the U.S. without inspection.
  • Deferred Action:
    • Available to a broader range of individuals at risk of deportation, including those not connected to the military.
    • Can apply to individuals who entered the U.S. lawfully but have overstayed or violated their status, as well as those who entered without inspection.

3. Benefits

  • Parole in Place (PIP):
    • Grants temporary legal status to remain in the U.S. without being subject to removal.
    • Eliminates the need to leave the U.S. to adjust status to lawful permanent residency (green card) if the individual is otherwise eligible.
    • May also allow the individual to apply for work authorization (Form I-765).
  • Deferred Action:
    • Provides temporary protection from deportation for a specific period, usually two years.
    • May allow the individual to apply for work authorization (Form I-765).
    • Does not provide a direct path to lawful permanent residency or citizenship.

4. Application Process

  • Parole in Place (PIP):
    • File Form I-131 (Application for Travel Document) with USCIS.
    • Include proof of relationship to the service member and evidence of the service member’s honorable military service.
  • Deferred Action:
    • Submit a written request or formal application to USCIS.
    • Include detailed evidence of eligibility, ties to the U.S., and reasons why deportation would cause significant hardship.

5. Duration

  • Parole in Place (PIP):
    • Typically granted for one year, with the possibility of renewal.
  • Deferred Action:
    • Usually granted for two years, with the possibility of renewal.

6. Key Differences

Aspect Parole in Place (PIP) Deferred Action
Purpose Military-specific relief for undocumented family members. Broader deportation relief for individuals.
Eligibility Limited to military families. Open to non-military individuals.
Legal Status Provides temporary lawful presence. No lawful presence, only protection from deportation.
Adjustment of Status Allows adjustment of status if eligible. Does not directly lead to permanent residency.
Duration Typically one year. Typically two years.

Which Option Is Right for You?

The choice between PIP and Deferred Action depends on your specific circumstances. If you are a family member of a U.S. service member or veteran, PIP is likely the better option as it offers a direct path to lawful presence and potential adjustment of status. If you do not qualify for PIP but are at risk of deportation, Deferred Action may provide temporary relief while you explore other immigration options.

If you need assistance determining your eligibility or navigating the application process, National Security Law Firm is here to help. Contact us today for legal guidance!