Parole in Place
A fairly new program has been implemented to allow immediate relatives of military personnel to adjust status within the U.S., even if they entered without inspection. The program is called Parole in Place (PIP) and essentially the local USCIS office will parole the immigrant at their office, then accept the application to adjust status (together with the Petition for Alien Relative if it has yet to be filed). Each office is handling PIP differently. Some require that an I-131 be filed, others do not. One office just requires a G325A for the immigrant and proof of the spouse’s military status. Contact the District Director’s office and ask what their procedure is. Also be aware, PIP does not excuse or forgive bases for inadmissibility and some offices will consider an I-601 necessary for the prior unlawful presence, even though the client never really left the U.S.
As of August 27th, 2011 it is unclear if this program will continue. I was just informed by a District Director that Washington has ordered all adjustment of status applications be held in abeyance until further guidance is issued. What the issue is continues to be unclear, however, AILA is investigating and hopes to have information soon.