U.S. Citizenship and Immigration Services (USCIS) has announced a significant step towards promoting family unity in the U.S. immigration system. Starting August 19, 2024, the Department of Homeland Security (DHS) will implement the Keeping Families Together initiative, a process that allows certain noncitizen spouses and stepchildren of U.S. citizens to request parole in place under existing legal authority.
What is Parole in Place?
Parole in place is an exercise of DHS’s discretionary power under the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the U.S. temporarily on a case-by-case basis for urgent humanitarian reasons or significant public benefit.
The INA defines an “applicant for admission” as a noncitizen who is present in the U.S. but has not been admitted. This means noncitizens who are in the U.S. without admission or parole may be considered for parole in place under Keeping Families Together, as long as they are physically present in the country.
Benefits of Keeping Families Together
If granted parole under this initiative, eligible noncitizens can apply for adjustment of status to become lawful permanent residents without having to leave the U.S. and go through consular processing abroad. This allows families to stay together while pursuing a green card.
DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens may be eligible for Keeping Families Together. On average, these individuals have lived in the U.S. for 23 years. Additionally, around 50,000 noncitizen stepchildren of U.S. citizens are expected to qualify for parole under this process.
Applying for Keeping Families Together
To request parole in place through Keeping Families Together, applicants must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This form can only be filed online; USCIS will reject any paper applications sent by mail.
The filing fee for Form I-131F is $580. At this time, no fee waivers or exemptions are available for this process. USCIS has created a Filing Guide for Form I-131F to assist applicants in preparing their online request.
It’s important to note that USCIS will start accepting Form I-131F filings on August 19, 2024. Any submissions received before this date will be rejected.
Program Integrity and Fraud Prevention
USCIS is committed to maintaining the integrity of the Keeping Families Together initiative and protecting against fraud. The agency will use existing training and practices to identify fraudulent evidence and employ rigorous procedures to detect potential fraud concerns when reviewing Form I-131F applications.
This ensures that fraudulent marriages will not be a basis for granting adjustment of status following the parole in place process.
Parole Period and Next Steps
If USCIS approves Form I-131F, the parole period will be valid for three years from the approval date. However, parole automatically terminates if the individual departs the U.S. or if DHS determines that parole is no longer warranted.
While the parole remains valid, the individual will be in a period of authorized stay and can apply for any immigration status for which they are eligible, including adjustment of status to lawful permanent residence.
Keeping Families Together is a significant development in promoting family unity in the U.S. immigration system. By allowing eligible noncitizen spouses and stepchildren of U.S. citizens to pursue lawful permanent residence without separation, this initiative keeps families together and strengthens communities across the country.
Working closely with an experienced immigration attorney can help you navigate the complex immigration process.
