Biden's New Parole in Place Program - Form Released
What is Keeping Families Together?
Keeping Families Together is a process that allows certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place to enable them to apply for lawful permanent resident status without having to be separated from their families by leaving the United States for processing.
Parole is an exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or a significant public benefit.
Parole is an exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or a significant public benefit.
The INA defines an “applicant for admission,” in relevant part, as a noncitizen “present in the United States who has not been admitted.” Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process because they remain “applicants for admission.” Parole in place is available only for noncitizens who are present in the United States. Those who receive parole are eligible to apply for work authorization for the period of parole
We will begin accepting applications on Aug. 19, 2024. USCIS will soon publish a Federal Register Notice to implement this process, explain the application process, and provide additional guidance on requirements to be considered for parole in place. This notice will explain what forms to file, the associated filing fees, any required documentation, and supporting evidence that will be needed to request parole in place.
USCIS will reject any filings received before Aug. 19, 2024. This includes applications filed through our paper and electronic filing processes as well as requests submitted in person at our offices.
In general, if granted parole as a noncitizen spouse or noncitizen stepchild of a U.S. citizen under this process, the parole period will be valid as of the date USCIS approves your Form I-131F and will expire 3 years from that date. However, parole terminates automatically if you depart the United States. Parole may also 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.
As long as your parole remains valid (that is, is not expired or terminated), you will be considered in a period of authorized stay. As a parolee, you may apply for any immigration status for which you may be otherwise eligible, including adjustment of status to that of a lawful permanent resident.
Application Process
Individuals should wait for additional information to be issued. Until then, individuals may consider preparing by gathering evidence, including:
- Documentation to establish that the noncitizen has been continuously present in the United States for at least 10 years as of June 17, 2024;
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024; and
- Evidence of additional favorable discretionary factors that the applicant would like USCIS to consider.
Applicants must submit certain biographic and biometric information to USCIS for screening and vetting purposes. More information about the biometrics collection process will be provided in the forthcoming Federal Register Notice and other guidance to follow.
Requestors must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, under this process. The form can only be filed online. Paper-based applications sent to USCIS by mail will be rejected (not accepted or receipted).
The fee to apply is $580. No fee waivers or fee exemptions are available for this process at this time.
Questions related to potential beneficiaries
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. For more information authorizing our legal team to secure your legal status, please visit our How to Hire webpage.
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.
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.
The Guidelines for the Enforcement of Civil Immigration Law direct the Department to focus its limited resources on noncitizens who pose a threat to our national security, public safety, or border security. The Guidelines remain in effect. An application under this process does not prevent CBP or ICE from taking enforcement action against an individual when otherwise appropriate under applicable law and policy. CBP and ICE reserve the discretion to place these noncitizens 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.
All applicants will undergo national security and public safety vetting as part of this process. Those who pose a threat to national security or public safety will be disqualified from this process and, where appropriate, may be referred for law enforcement action. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.
Disqualifying criminal history includes criminal convictions that are likely to render the individual statutorily ineligible for adjustment of status, as well as convictions that do not render noncitizens statutorily ineligible for adjustment of status but nevertheless warrant their disqualification from this process in the exercise of discretion. Further guidance on this topic is forthcoming.
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.
Employment Authorization
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.
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