The “Keeping Families Together” initiative, a policy implemented by U.S. Citizenship and Immigration Services (USCIS), is designed to address the specific needs of certain noncitizen spouses and stepchildren of U.S. citizens, promoting family unity and stability within the United States. This initiative provides a mechanism for these individuals to pursue lawful permanent resident status without the disruption and hardship of leaving the country for consular processing abroad.

Understanding of Parole in Place

“Parole in place” is a discretionary authority granted by the Secretary of Homeland Security under Section 212(d)(5) of the Immigration and Nationality Act (INA). This authority allows DHS to temporarily permit the physical presence of individuals who are in the United States without formal admission or parole. It is typically exercised in situations involving urgent humanitarian reasons or when there is a significant public benefit to be gained.

Eligibility Requirements

To be considered for parole in place under the “Keeping Families Together” initiative, applicants must meticulously demonstrate compliance with the following detailed criteria:

• Established Relationship to a U.S. Citizen:
  • The applicant must be the legally recognized spouse or stepchild of a U.S. citizen.
  • In the case of stepchildren, the legally valid marriage between the noncitizen parent and the U.S. citizen stepparent must have occurred before the stepchild’s 18th birthday, establishing a bona fide familial relationship.

• Specific Marriage Date (for Spouses):
  • If the applicant is a spouse, the legally valid marriage to the U.S. citizen must have been solemnized and legally recognized on or before June 17, 2024. This date serves as a cutoff for eligibility under the current iteration of the program.

• Documented Physical Presence in the United States:
  • The applicant must be physically present within the territorial boundaries of the United States without having been formally admitted or paroled into the country.
  • They must provide irrefutable evidence of continuous physical presence within the United States since at least June 17, 2014, through the date of their parole in place application. This requirement necessitates meticulous record-keeping.

• Demonstrated Absence of Disqualifying Criminal History:
  • The applicant must have no criminal history that would disqualify them from consideration. This includes the absence of felony convictions and certain misdemeanor convictions.
  • They must not be deemed a threat to public safety, national security, or border security, as determined by a comprehensive background check.

Application Process and Supporting Evidence

• Electronic Filing of Form I-131F:
  • Eligible individuals must submit Form I-131F, “Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens,” electronically through their my USCIS online account. Paper-based applications will be automatically rejected.

• Application Fee and Biometric Services:
  • A non-refundable application fee is required for the processing of Form I-131F.
  • Applicants will be required to attend a biometrics appointment to provide fingerprints, photographs, and signatures for identity verification and background checks.

• Comprehensive Supporting Evidence:
  • Applicants must provide a comprehensive evidentiary package, including:
    • Proof of the bona fide marital or stepparent-stepchild relationship with the U.S. citizen.
    • A legally valid marriage certificate (if applicable).
    • Evidence of continuous physical presence in the United States since June 17, 2014, such as utility bills, lease agreements, and employment records.
    • Evidence of the U.S. citizen’s citizenship.
    • Background check documentation, and proof of good moral character.

Important Considerations, Limitations, and Fraud Prevention

• Discretionary Nature of Parole in Place:
  • The granting of parole in place is a discretionary decision made by DHS on a case-by-case basis. Meeting the eligibility requirements does not guarantee approval.

• Employment Authorization and Travel:
  • If parole is granted, individuals may apply for an Employment Authorization Document (EAD) to legally work in the United States.
  • Travel outside the United States while on parole in place is generally prohibited and may result in the termination of parole.

• Termination of Parole:
  • Parole may be terminated at any time at the discretion of DHS, particularly if the individual violates the terms of their parole or poses a threat to public safety.
  • Parole is also automatically terminated upon the individual’s departure from the United States or upon the expiration of the authorized parole period.

• Rigorous Fraud Prevention Measures:
  • USCIS implements rigorous measures to prevent fraud and ensure the integrity of the program, including thorough review of all submitted evidence, background checks, and potential interviews. Check out our page for Recognizing Scams: US Immigration Process for more details.

Key Objectives and Societal Impact

• Promoting Family Unity and Stability:
  • The initiative aims to prevent the separation of families and promote stability for U.S. citizens and their noncitizen spouses and stepchildren.

• Providing a Streamlined Pathway to Lawful Permanent Residence:
  • It offers a more efficient pathway to lawful permanent resident status for eligible individuals, reducing the need for costly and disruptive consular processing abroad.

• Enhancing Efficiency within the Immigration System:
  • The initiative helps streamline the immigration process, reducing backlogs and administrative burdens.

• Upholding National Security and Public Safety:
  • Stringent eligibility criteria and background checks ensure that the program does not compromise national security or public safety.