On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the immigration system. On Aug. 19, 2024, DHS implemented Keeping Families Together, a process for certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to request parole in place under existing statutory authority.
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 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.
If granted parole, and if otherwise eligible, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas. DHS estimates that 500,000 noncitizen spouses of U.S. citizens could be eligible to access Keeping Families Together; on average, these noncitizens have resided in the United States for 23 years. In addition, approximately 50,000 noncitizen stepchildren of U.S. citizens are estimated to be eligible to seek parole under Keeping Families Together.
USCIS is committed to program integrity and protection against fraud. Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage. In its consideration of the Form I-131F, USCIS will employ rigorous procedures to detect potential fraud concerns, ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process.
For more information on this process, see the Frequently Asked Questions About Keeping Families Together page and the Federal Register notice.
Eligibility:
To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet these eligibility criteria:
If you are the noncitizen spouse of a U.S. citizen, you must:
- Be present in the United States without admission or parole;
- Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
- Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
- Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
- Submit biometrics and undergo required background checks and national security and public safety vetting.
If you are the noncitizen stepchild of a U.S. citizen, you must:
- Have been under the age of 21 and unmarried on June 17, 2024;
- Be present in the United States without admission or parole;
- Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
- Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
- Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
- Submit biometrics and undergo required background checks and national security and public safety vetting.
The burden is on the requestor to demonstrate by a preponderance of the evidence that they meet the eligibility criteria, and that parole is warranted as a matter of discretion for urgent humanitarian reasons or significant public benefit. A grant of parole in place under Keeping Families Together does not establish eligibility for other immigration benefits, including lawful permanent resident status.
For information on criminal history, national security, and public safety guidelines, please see the Frequently Asked Questions About Keeping Families Together page.
Request Process:
Starting Aug. 19, 2024, to request parole in place under Keeping Families Together, you must submit Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online with the applicable filing fee. There is no fee waiver available for Form I-131F.
To submit Form I-131F, you must complete the required fields on the form and submit the required evidence, in compliance with the form instructions.
For more information and assistance, please contact us:
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