On June 17, 2024, the Department of Homeland Security (DHS) announced the launch of the “Keeping Families Together” program, a new initiative aimed at assisting certain noncitizen spouses and stepchildren of U.S. citizens. This program provides a pathway for these individuals to request parole in place, a discretionary policy that allows them to meet the threshold requirement to adjust status under INA § 245(a), which requires the applicant to have been “inspected and admitted or paroled.” In other words, granted parolees may remain in the United States while applying for adjustment of status to become lawful permanent residents (LPRs) without leaving the country and being processed at a U.S. consulate overseas. The program is now open for applications.
Under this program, parole in place allows recipients to apply for employment authorization from USCIS immediately upon approval. It is designed to promote family unity by removing significant barriers that undocumented spouses and stepchildren of U.S. citizens face when seeking lawful permanent residency, commonly known as a “green card.”
To be eligible for parole in place under the Keeping Families Together program, noncitizen spouses must be present in the U.S. without admission or parole, have been continuously physically present in the U.S. since June 17, 2014, and have entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024. In cases where the U.S. citizen spouse has passed away, the undocumented spouse may still qualify as long as the marriage was valid and maintained as of June 17, 2024, and the spouse has not remarried.
For noncitizen stepchildren to qualify, they must have been under 21 years old and unmarried as of June 17, 2024, and have been continuously physically present in the U.S. since at least June 17, 2024. Additionally, they must have had a valid stepchild relationship with the U.S. citizen stepparent before turning 18, and that relationship must have existed as of June 17, 2024. Stepchildren may apply for parole in place independently, even if their foreign national parent does not apply or is disqualified from receiving the benefit.
All applicants under this program must demonstrate that they have no disqualifying criminal history and do not pose a threat to public safety, national security, or border security. Certain serious offenses will disqualify an individual from receiving parole, while less severe crimes may be considered in the context of the applicant’s overall circumstances.
To apply for parole in place through the Keeping Families Together program, applicants must submit Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online along with the required evidence and applicable filing fee ($580). Each applicant must submit a separate application, and stepchildren applying after their foreign national parent should include the parent’s I-131F receipt number for reference. USCIS will not accept fee waivers or fee exemptions for this application.
Upon approval, applicants will receive an I-94 form indicating the validity dates of their parole period, which is typically up to three years. During this time, they can apply for adjustment of status in the U.S. if otherwise eligible. If the parole period expires before the individual applies for adjustment of status, they will revert to the immigration status, or lack thereof, that they held before parole was granted.
Parole in Place for Keeping Families Together offers a unique opportunity for families to reunite and legally settle in the United States. By obtaining this permit, undocumented immigrants will be able to work legally and eventually apply for a green card. It is important to note that Keeping Families Together is not an immigration relief, nor is it a form of amnesty. Thus, not all undocumented spouses of U.S. citizens will qualify. However, for those who do meet the requirements, Keeping Families Together program can offer a pathway to apply for adjustment of status as a spouse or stepchild of a U.S. citizen.
Note: On August 26, 2024, a Texas judge suspended the Keeping Families Together program for 14 days, with the possibility of being extended. This suspension is response to a federal lawsuit filed by 16 states who assert that the program would cause irreparable harm and accused the administration of bypassing Congress for “blatant political purposes.”
In a statement issued by the Department of Homeland Security, it was announced that applications will continue to be accepted, and any applicants who were granted parole prior to the order will remain unaffected. However, it is currently unclear how many applications have been received or the length of the processing time.
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