Keeping Families Together Update: Parole in Place Eligibility and Application

Understanding Parole in Place Under Keeping Families Together

The Keeping Families Together initiative offers a significant opportunity for certain noncitizen spouses and stepchildren of U.S. citizens to obtain parole in place. This discretionary grant by the U.S. Citizenship and Immigration Services (USCIS) allows eligible individuals who are present in the United States without admission or parole to remain and potentially work in the country without fear of deportation. This update clarifies the eligibility criteria and application process for this crucial program aimed at keeping families together.

Who is Eligible for Parole in Place?

To be considered for Parole in Place under the Keeping Families Together policy, you must meet specific criteria based on your relationship to a U.S. citizen. The eligibility requirements differ slightly for spouses and stepchildren of U.S. citizens.

Eligibility for Spouses of U.S. Citizens:

If you are the spouse of a U.S. citizen, you must meet all of the following conditions:

You must be physically present in the United States without having been formally admitted or granted parole.
You must have maintained continuous physical presence in the U.S. since at least June 17, 2014, up to the date you submit your request.
Your marriage to a U.S. citizen must be legally valid and must have occurred on or before June 17, 2024.
You must not have a disqualifying criminal history and must not be considered a threat to public safety, national security, or border security.
You are required to submit biometrics and successfully complete all necessary background checks, as well as national security and public safety vetting.

Eligibility for Stepchildren of U.S. Citizens:

If you are the stepchild of a U.S. citizen, you must meet all of these conditions:

You must have been under 21 years old and unmarried on June 17, 2024.
You must be physically present in the United States without having been formally admitted or granted parole.
You must have maintained continuous physical presence in the U.S. since at least June 17, 2024, up to the date you submit your request.
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.
You must not have a disqualifying criminal history and must not be considered a threat to public safety, national security, or border security.
You are required to submit biometrics and successfully complete all necessary background checks, as well as national security and public safety vetting.

It is important to note that the responsibility to prove eligibility rests with the applicant. You must demonstrate, through a preponderance of the evidence, that you meet all the eligibility criteria and that parole is justified based on urgent humanitarian reasons or significant public benefit. A grant of Parole in Place under Keeping Families Together does not automatically qualify you for other immigration benefits, including becoming a lawful permanent resident.

For detailed information regarding what constitutes disqualifying criminal history and the guidelines for national security and public safety, please refer to the Frequently Asked Questions About Keeping Families Together page.

How to Request Parole in Place: The Application Process

Starting August 19, 2024, the application process for Parole in Place under Keeping Families Together became available. To apply, eligible spouses and stepchildren must submit Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online and pay the applicable filing fee. It’s important to note that fee waivers are not available for Form I-131F.

To successfully submit Form I-131F, you need to:

Complete all mandatory fields on the online form.
Submit all required evidence as outlined in the form instructions.

Each individual seeking Parole in Place, including children, must file a separate Form I-131F. This means every applicant needs their own USCIS online account. Parents or legal guardians can create an account and complete Form I-131F on behalf of children under 14 years of age. In such cases, the parent or legal guardian’s information must be included in the “preparer” section of the form.

For guidance on creating a USCIS online account, please visit the How to Create a USCIS Online Account page.

The following chart provides examples of the types of documentation you can submit to demonstrate your eligibility for Parole in Place under Keeping Families Together. More examples are available in the Federal Register notice which officially announced the program’s implementation.

Online Filing Resources

USCIS provides resources to assist you with online filing. For detailed instructions on setting up your online account, visit the How to Create a USCIS Online Account page. You can also find helpful tips for a smoother online filing experience on the Tips for Filing Forms Online page.

What Happens After You File Form I-131F?

After submitting Form I-131F, you will be scheduled for a biometrics appointment. This appointment involves providing fingerprints, photographs, and a signature. This biometric data is used for criminal history checks, identity verification, eligibility determination, and creating immigration documents, among other legally authorized purposes.

USCIS will then review your case to determine if you meet the eligibility criteria for Keeping Families Together. Even if you are eligible, the grant of Parole in Place is discretionary and decided on a case-by-case basis. USCIS will consider whether granting parole is in the significant public benefit or serves urgent humanitarian reasons. They will also assess if you merit a favorable exercise of discretion, considering factors such as:

Criminal history
Any existing removal proceedings or unexecuted final removal orders
Results of background checks, including national security and public safety vetting
Positive and negative factors presented in your case
Any other relevant information available to or requested by USCIS

Criminal History and Potential Denial:

Having a disqualifying criminal history or posing a threat to national security, public safety, or border security, as defined by the 2021 Guidelines for the Enforcement of Civil Immigration Law, will likely result in the denial of your Parole in Place request. Even a pending criminal charge, regardless of its nature, will make you ineligible while the charge is pending. Certain criminal convictions also lead to ineligibility. Other convictions, excluding minor traffic offenses that are not disqualifying, create a rebuttable presumption of ineligibility.

For more comprehensive information on criminal history, national security, and public safety guidelines, please consult the Frequently Asked Questions About Keeping Families Together page.

If Your Parole in Place Request is Approved

If your request is granted, Parole in Place is typically approved for a period of up to 3 years. However, it’s important to understand that parole can be terminated at any time, at DHS’s discretion, with written notice according to 8 CFR 212.5(e)(2)(i).

Employment Authorization:

Upon receiving Parole in Place, you become eligible to apply for an Employment Authorization Document (EAD). You can do this by filing Form I-765, Application for Employment Authorization, using category code (c)(11).

If Your Parole in Place Request is Denied

If your request for Parole in Place is denied, USCIS generally will not issue a Notice to Appear (NTA) or refer your case to U.S. Immigration and Customs Enforcement (ICE) for enforcement actions solely based on the denial. An exception to this is if DHS determines, at its discretion, that you pose a threat to national security, public safety, or border security.

It is crucial to understand that this process does not prevent DHS from taking enforcement actions against individuals who may be eligible for or have pending Parole in Place requests, if deemed necessary under existing immigration law and policies.

After Parole in Place is Granted

Applying for Employment Authorization:

Once granted Parole in Place, you can apply for employment authorization from USCIS. Use Form I-765, Application for Employment Authorization, selecting category (c)(11) and pay the fee or request a fee waiver.

File Form I-765 online through your USCIS online account at my.uscis.gov. Check the Fee Schedule page for current filing fees.

Fee Waivers:

If you need a fee waiver, you have two options:

Mail a paper **Form I-912, Request for Fee Waiver,](/i-912) or a written fee waiver request with evidence of financial hardship along with your paper Form I-765.
If filing Form I-765 online using category (c)(11), you can upload your completed Form I-912 along with Form I-765 through your USCIS online account.

Visit the Request for Fee Waiver webpage for more information and guidance on fee waiver requests.

Obtaining a Social Security Number and Card:

If you don’t have a Social Security number (SSN), you can apply for one when filing Form I-765. Complete Part 2 (Items 13.a-17.b) of Form I-765 to request an SSN. If your Form I-765 is approved, USCIS will send your information to the Social Security Administration (SSA), who will assign you an SSN and mail your Social Security card to the address you provided on Form I-765. SSNs are primarily for those authorized to work in the U.S. and are used for wage reporting and Social Security benefits eligibility.

If you don’t request an SSN on Form I-765, you can apply for one after receiving your EAD. See instructions on the SSA’s Social Security Number and Card webpage.

Address Updates:

If you reside in the U.S. for more than 30 days, you must report your U.S. physical address. If your address changes, you must notify USCIS within 10 days. The best way to update your address is through your USCIS online account. More information is on the How to Change Your Address page.

Termination of Parole:

Your Parole in Place under Keeping Families Together will automatically terminate if:

You leave the United States (see “Leaving the United States” section below).
Your parole period expires.

DHS can also terminate your parole at any time with written notice at their discretion. Serving a charging document like an NTA is considered written notice of parole termination, unless specified otherwise.

Leaving the United States:

Parole in Place under Keeping Families Together does not guarantee re-entry into the U.S. if you depart. Leaving the U.S. will automatically terminate your parole. Departing without first obtaining an Advance Parole Document carries a significant risk of being unable to return to the U.S. and could affect future immigration benefits eligibility.

CAUTION: Travel outside the U.S., even with advance parole, can have serious immigration consequences, including potential inadmissibility or execution of a removal order. Parole back into the U.S. is not guaranteed even with advance parole. You will still undergo immigration inspection at a U.S. port of entry to determine if you can be paroled back in and if you are eligible for the immigration status you seek. Consulting with a qualified attorney or accredited representative before traveling outside the U.S. is strongly advised. See the Travel Documents page for more information.

Subsequent Filing of Form I-130 or Form I-360 Petitions:

Parole in Place does not automatically grant eligibility for future immigration benefits, including immigrant petitions or lawful permanent resident status. To become a lawful permanent resident, your U.S. citizen spouse or parent must file Form I-130, Petition for Alien Relative](/i-130), or in certain cases for widow(er)s and their children, you must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant](/i-360).

USCIS will separately evaluate eligibility for these petitions. For Form I-130 based on marriage, you must prove a bona fide marriage. For Form I-130 for a stepchild, a bona fide stepparent-stepchild relationship must be demonstrated. Form I-360 for certain widow(er)s and their children has additional requirements like filing deadlines, residence, and marital status. A stepchild may remain eligible even if their parent’s marriage to the U.S. citizen ends due to death or divorce, as long as the bona fide stepparent-stepchild relationship continues.

Subsequent Filing of Form I-485:

Parole in Place itself does not automatically make you eligible to adjust status to lawful permanent resident under INA section 245(a). While Parole in Place fulfills the requirement of inspection and parole by an immigration officer under INA section 245(a), it does not meet other adjustment of status requirements. These include having an approved immigrant petition with an immediately available visa and proving you are not inadmissible under INA section 212(a), 8 U.S.C. 1182(a).

If granted Parole in Place, you will need a qualifying family member to file Form I-130 on your behalf or file Form I-360 yourself (if applicable). You will also need to file Form I-485, Application to Register Permanent Residence or Adjust Status](/i-485), and potentially Form I-601, Application for Waiver of Grounds of Inadmissibility](/i-601), if needed.

Contacting USCIS About Form I-131F

The best way to contact USCIS depends on your inquiry type.

Case Status Inquiries: Check your Form I-131F status in your USCIS online account or through Case Status Online. The USCIS Contact Center provides the same status information available in your online account.

Corrections: Correct submitted Form I-131F in your USCIS online account or by sending a secure message through your account.

Technical Help: For technical issues submitting Form I-131F, use Live Chat. Click “Need Help? Chat with Emma” at the bottom right of your screen and select “Connect to Live Agent”. Live Chat is available Monday-Friday, 8:00 a.m. to 8:00 p.m. Eastern.

Protect Yourself from Immigration Scams

Be aware of common immigration scams:

Government Impersonators: Beware of individuals posing as USCIS officials. USCIS will only contact you through official government channels, not personal social media.
Scam Websites: Some websites falsely claim USCIS affiliation and offer application guidance. Always ensure you are on uscis.gov, dhs.gov, or an affiliated uscis.gov site (website address should end in .gov).
Payments by Phone or Email: USCIS will never ask for money transfers to individuals or accept Western Union, MoneyGram, PayPal, or gift cards. They will never request payments over the phone or by email.
Notarios Públicos and Unauthorized Practitioners: In the U.S., “notarios públicos” are not authorized to provide immigration legal services. Only licensed attorneys or accredited representatives of DOJ-recognized organizations can give legal immigration advice. Find authorized legal services through the finding legal services page on the USCIS website.

Key Questions and Answers

For more detailed information, visit the Frequently Asked Questions About Keeping Families Together page.