The “Keeping Families Together” initiative offers a pathway for certain noncitizen spouses and stepchildren of U.S. citizens to apply for discretionary parole in place. This policy recognizes the importance of family unity and aims to provide immigration relief in specific situations. This guide will clarify the eligibility criteria, application process, and what to expect if you are seeking parole in place under this program.
Who is Eligible for Parole in Place under Keeping Families Together?
To be considered for parole in place, you must meet specific criteria based on your relationship to a U.S. citizen. The requirements differ slightly depending on whether you are the spouse or stepchild of a U.S. citizen.
Eligibility for Spouses of U.S. Citizens
If you are the spouse of a U.S. citizen, you must meet all of the following requirements:
- Physical Presence in the U.S.: You must be physically present in the United States without having been formally admitted or paroled into the country.
- Continuous Residence: You must have maintained continuous physical presence in the United States since at least June 17, 2014, up to the date you submit your application. This long-term residency demonstrates established ties within the U.S.
- Valid Marriage: You must be legally married to a U.S. citizen. The marriage must have been valid on or before June 17, 2024. This date is a crucial cutoff for establishing eligibility based on the spousal relationship.
- Clean Criminal Record: You must have no disqualifying criminal history and must not be considered a threat to public safety, national security, or border security. A thorough background check will be conducted to assess this.
- Biometrics and Background Checks: You are required to submit biometrics (fingerprints, photos, etc.) and undergo all necessary background checks and security vetting processes. This is a standard procedure to ensure national security and public safety.
Eligibility for Stepchildren of U.S. Citizens
If you are the stepchild of a U.S. citizen, the eligibility criteria are as follows:
- Age and Marital Status: You must have been under 21 years old and unmarried on June 17, 2024. This age and marital status requirement is fixed as of this date.
- Physical Presence in the U.S.: Similar to spouses, you must be present in the United States without formal admission or parole.
- Continuous Residence: You must have been continuously physically present in the United States since at least June 17, 2024, through the date of your application submission.
- Parent’s Valid Marriage: Your noncitizen parent must have entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and this marriage must have occurred before your 18th birthday. This establishes the stepchild relationship within the specified timeframe.
- Clean Criminal Record: Like spouses, you must have no disqualifying criminal history and not pose a threat to public safety, national security, or border security.
- Biometrics and Background Checks: You are required to submit biometrics and undergo required background checks and national security vetting.
It is important to understand that the burden of proof rests with the applicant. You must demonstrate, with a preponderance of evidence, that you meet all eligibility criteria. Furthermore, even if you meet the criteria, parole is not automatically granted. It is a discretionary decision made by USCIS based on humanitarian reasons or significant public benefit.
How to Request Parole in Place: The Application Process
Starting August 19, 2024, the process to request parole in place under Keeping Families Together involves submitting Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online.
Key Steps in the Application Process:
- Online Filing: Form I-131F must be submitted electronically through the USCIS online portal.
- Filing Fee: There is an applicable filing fee for Form I-131F, and unfortunately, fee waivers are not available for this specific form.
- Complete the Form: Ensure all required fields on Form I-131F are completed accurately and truthfully.
- Submit Required Evidence: You must provide all necessary documentation as outlined in the form instructions to support your eligibility.
- Individual Applications: A separate Form I-131F is required for each individual seeking parole in place, including children. Each applicant must have their own USCIS online account.
- Account Creation: You will need to create a USCIS online account to file Form I-131F. For children under 14, a parent or legal guardian can create an account and file on their behalf, ensuring their information is included in the “preparer” section of the form.
For detailed guidance on creating a USCIS online account and online filing tips, you can visit the USCIS website.
What Happens After You Apply?
After submitting Form I-131F, you will be required to attend a biometrics appointment. This involves providing fingerprints, photographs, and a signature. This biometric data is crucial for background checks and identity verification.
USCIS will then review your application and supporting evidence to determine if you meet the eligibility criteria. Even if you are eligible, the grant of parole in place is discretionary. USCIS will assess your case based on factors such as:
- Significant Public Benefit or Urgent Humanitarian Reasons: You must demonstrate that granting parole would serve a significant public benefit or is warranted due to urgent humanitarian reasons.
- Criminal History and Background Checks: USCIS will thoroughly review your criminal history, results of background checks, and any potential threats to national security or public safety.
- Discretionary Factors: USCIS will consider both positive and negative factors in your case to determine if granting parole is in the best interest of the public and aligns with policy objectives.
- Removal Proceedings: The existence of removal proceedings or unexecuted final removal orders will be taken into consideration.
Having any pending criminal charges, regardless of the nature, will make you ineligible for parole in place while the charge is pending. Certain criminal convictions will also result in automatic denial. Other convictions, excluding minor traffic offenses, may create a presumption of ineligibility, which you may need to rebut.
Outcomes of Your Parole in Place Request
If Your Request is Granted
If your request for parole in place is approved, it is generally granted for a period of up to three years. This provides temporary legal status in the U.S. However, it’s important to note:
- Parole Termination: Parole can be terminated at any time at the discretion of the Department of Homeland Security (DHS).
- Employment Authorization: With parole in place, you become eligible to apply for an Employment Authorization Document (EAD) by filing Form I-765. This allows you to legally work in the United States.
If Your Request is Denied
If your parole in place request is denied, USCIS generally will not issue a Notice to Appear (NTA) or refer your case to Immigration and Customs Enforcement (ICE) solely based on the denial. Enforcement action is typically only considered if DHS determines you pose a threat to national security, public safety, or border security.
However, this process does not limit DHS’s authority to take enforcement actions against individuals who may be eligible for or have pending parole requests, if deemed necessary under existing immigration laws and policies.
After Parole in Place is Granted
Employment Authorization and Social Security
Once you receive parole in place, applying for an EAD (Form I-765) allows you to work legally. You can also apply for a Social Security Number (SSN) if you don’t already have one. Requesting an SSN on Form I-765 will initiate the process of receiving an SSN card from the Social Security Administration upon EAD approval.
Address Updates and Parole Termination
It’s crucial to keep your address updated with USCIS, especially if residing in the U.S. for more than 30 days. Address changes must be reported within 10 days through your USCIS online account.
Your parole will automatically terminate if you leave the United States or when the parole period expires. DHS can also terminate parole at any time with written notice.
Travel Considerations
Caution: Departing the United States after being granted parole in place will automatically terminate your parole. Crucially, parole in place does not guarantee reentry into the U.S. if you leave. Traveling outside the U.S., even with advance parole, can have serious immigration consequences and is strongly discouraged without consulting an immigration attorney.
Future Immigration Benefits
Parole in place itself does not automatically grant eligibility for other immigration benefits, such as lawful permanent resident status (Green Card). To pursue a Green Card, a U.S. citizen spouse or step-parent will generally need to file Form I-130, Petition for Alien Relative, or in some cases, Form I-360. A separate application for Adjustment of Status (Form I-485) would also be required, along with potentially a waiver (Form I-601) if grounds of inadmissibility apply.
Need Help? Contacting USCIS
For case status inquiries, you can check your USCIS online account or use the Case Status Online tool. For technical help with online filing, use the Live Chat feature on the USCIS website.
Protect Yourself from Scams: Be aware of immigration scams, including government impersonators, fake websites, and requests for payments via unofficial channels. Always ensure you are using official USCIS websites (ending in .gov) and be wary of individuals offering immigration assistance who are not accredited attorneys or representatives.
For further information and answers to frequently asked questions, refer to the Frequently Asked Questions About Keeping Families Together page on the USCIS website.
This guide provides a comprehensive overview of the eligibility and process for Parole in Place under Keeping Families Together. It is essential to carefully review all requirements and seek legal advice from qualified immigration professionals to navigate this process successfully.
