As noted, the decision whether to grant parole under the Immigration and Nationality Act (INA) Section 212(d)(5)(A) is discretionary. Generally, parole in place is to be granted only sparingly. The fact that the individual is a spouse, child or parent of an Active Duty Member of the U.S. Armed Forces or similarly as mentioned above, however, ordinarily weighs heavily in favor of parole in place. If a criminal conviction or other serious adverse factors are not present, parole in place would generally be an appropriate exercise of discretion for such an individual. If USCIS decides to grant parole in that situation, the parole should be authorized in one-year increments, with re-parole as appropriate.
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