Keeping Families Together: New Parole in Place Process

 Beginning Monday, August 19th, certain undocumented immigrants will be able to apply for Parole in Place under the new Keeping Families Together process.

If paroled, these people will then be able to apply for a green card without leaving the United States.

Eligibility:

In order to be eligible for this new parole in place program, an individual must:

1. Be present in the United States without admission or parole (entered illegally)

2. Have been continuously present in the United States for at least 10 years as of June 17 2024

3. Have a legally valid marriage to a U.S. citizen as of June 17, 2024

4. Not have a disqualifying criminal history or otherwise constitute a threat to national security or public safety, and should otherwise merit a favorable exercise of discretion

Noncitizen children of spouses who are granted parole under this process may also be considered for parole on a case-by-case basis  if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent.

How to Apply:

Applications will NOT be accepted before Monday, August 19, 2024.

To apply for the new parole in place program, requesters should 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.

The USCIS filing fee to file a request under Keeping Families Together is $580.  No fee waivers or fee exemptions are available for this process at this time.

Frequently Asked Questions:

• I was lawfully admitted to the United States on a nonimmigrant visa but overstayed my period of authorized stay. Am I eligible for parole in place under the process?

  No. By law, parole is only available to noncitizens who are “applicants for admission” under Section 235(a) of the INA, 8 U.S.C. § 1225(a). Therefore, parole in place under this process may be granted only to certain individuals who are present in the United States without admission. This process is not available to those who were previously lawfully admitted to the United States. However, an individual may be eligible to apply for adjustment of status to that of lawful permanent resident (LPR) without parole in place if previously lawfully admitted and applying as an immediate relative of a U.S. citizen.

• If I am approved for parole, when can I apply for an employment authorization document (EAD)? Can I apply for an EAD at the same time as when I apply for parole?

  An individual who is granted parole is immediately eligible to apply for an EAD from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code. Further information about the process to apply for an EAD will be included in the forthcoming Federal Register Notice.

• If my request for Keeping Families Together is approved, will I accrue unlawful presence?

  No. If you are granted parole in place under Keeping Families Together, you are in a period of authorized stay, which means you do not accrue unlawful presence while your parole remains valid (that is, not expired or terminated). Importantly, however, if you receive parole in place under Keeping Families Together, it does not erase any unlawful presence accrued before the start of your parole period. Furthermore, a pending request for parole in place does not stop the accrual of unlawful presence.

  If your parole expires or is otherwise terminated, you will begin accruing unlawful presence unless you are maintaining or obtain another status during the parole period. Parole may be terminated at any time in DHS’s discretion upon a determination that parole is no longer warranted, for example, following the commission of criminal conduct. It is recommended that you apply for lawful permanent resident status as soon as possible after obtaining parole in place under this process.

• If I am in removal proceedings that are pending before an immigration judge, am I eligible for this process? Who will decide my parole application?

  Noncitizens in removal proceedings may apply for parole in place under this process before USCIS if they otherwise qualify under this process. USCIS will weigh, on a case-by-case basis, the existence and circumstances of the removal proceedings, as well as the applicant’s positive equities, in determining whether to grant parole in place. However, a noncitizen who is in removal proceedings because they are an enforcement priority under the Guidelines for the Enforcement of Civil Immigration Law, issued by Secretary Mayorkas in September 2021, will be disqualified from receiving parole in place pursuant to this process.

• If USCIS denies my application for parole, will I be placed in removal proceedings?

  If USCIS denies a request for parole, USCIS maintains discretion to issue a Notice to Appear (NTA) or refer the case to ICE for possible enforcement action consistent with the Guidelines for the Enforcement of Civil Immigration Law issued by Secretary Mayorkas on Sept. 30, 2021.

• Can the undocumented child of a noncitizen spouse covered by this policy also be considered for a grant of parole in place under the process?

  Noncitizen children of potential requestors may be considered for parole in place under this process along with their noncitizen parent, if the child is physically present in the United States without admission or parole as of June 17, 2024, and has a qualifying stepchild relationship to a U.S. citizen as of that date. To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday. Further guidance on this topic is forthcoming.

If you have questions, or would like to speak with a licensed immigration attorney regarding representation, please book a consultation. We look forward to helping you!