USCIS Starts Accepting Applications for Keeping Families Together Program

UPDATE: See NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program, Posted 27.Aug.2024

As was recently indicated in MurthyDotCom’s NewsFlash! Filing Guide Released for Parole in Place Program for Undocumented Spouses of U.S. Citizens (16.Aug.2024), the U.S. Department of Homeland Security (DHS) began accepting applications for the Keeping Families Together” program, which allows certain undocumented spouses and stepchildren of U.S. citizens to apply for parole in place. For the benefit of MurthyDotCom readers, below is an overview of the program and the eligibility criteria for potentially qualified applicants. We also are providing a link to a reference page to help readers quickly determine whether they may be eligible for the program.

Overview of the Program

The Keeping Families Together program is intended to promote family unity and remove certain roadblocks towards lawful permanent residency (i.e., a “green card”) for certain undocumented spouses and stepchildren of U.S. citizens. The program uses the Department of Homeland Security’s authority to grant parole in place, as more fully explained in the MurthyDotCom NewsBrief, Overview of Parole in Place for Undocumented Spouses of U.S. Citizens (08.Jul.2024). In brief, parole in place allows an undocumented individual to apply for parole without departing the U.S. Once parole is granted parole, the individual can apply for work authorization for the duration of the parole period and is not automatically barred from applying for adjustment of status to that of a lawful permanent resident.

Eligibility Requirements for an Undocumented Spouse

For the spouse of a U.S. citizen to be eligible to apply for parole in place under the Keeping Families Together program, the individual must be present in the U.S. without admission or parole. The foreign national must also have been continuously present in the U.S. since at least June 17, 2014, through the date the application is filed, and had a legally valid marriage to a U.S. citizen as of June 17, 2024.

An undocumented foreign national spouse still may be eligible for parole in place if the U.S. citizen spouse has passed away, as long as a legally valid marriage was entered into and maintained as of June 17, 2024, and the undocumented spouse has not since remarried. However, if the spouse is deceased, certain additional requirements may need to be met when the foreign national spouse later applies for adjustment of status.

Eligibility Requirements for an Undocumented Stepchild

For the stepchild of a U.S. citizen to be eligible to apply, the individual must be present in the U.S. without admission or parole, and must have been under 21 years old and unmarried as of June 17, 2024. The applicant must have been continuously physically present in the U.S. since at least June 17, 2024, through the date the application is filed. Further, prior to turning 18, the applicant must have had a qualifying stepchild relationship to the U.S. citizen stepparent as of June 17, 2024.

An eligible stepchild typically may apply for parole in place even when the foreign national parent does not apply for or is disqualified from receiving this immigration benefit. Additionally, a stepchild still may be eligible even if the marriage of the foreign national parent and U.S. citizen spouse has ended, provided that a valid marriage was entered into and maintained as of June 17, 2024.

Criminal Background and Security Screening

Eligible applicants cannot have any disqualifying criminal history nor pose a threat to public safety, national security, or border security. Certain crimes automatically disqualify an individual from receiving parole, while other crimes may be considered as one factor for eligibility under the totality of the circumstances. An applicant will be required to submit biometrics and undergo additional background checks and other security screenings.

Parole is Discretionary Based on These Factors

An applicant must also demonstrate that favorable discretion for parole is warranted based on urgent humanitarian reasons or significant public benefit. Ultimately, each application will be adjudicated on a case-by-case basis. A separate determination will be made for green card eligibility if the individual later applies for adjustment of status.

Basic Application Steps

Applications for the program will be accepted online only. An applicant will be required to make an online account with the USCIS and complete form I-131F, application for parole in place for certain noncitizen spouses and stepchildren of U.S. citizens, and upload the required evidence. A separate application will be required for each applicant. Although a stepchild can apply independently, if the foreign national parent is also applying, then the USCIS recommends that the stepchild file after the parent and include the parent’s I-131F receipt number on the stepchild’s form.

Upon approval, an individual will be issued an I-94 with the validity dates of the parole period, which typically will be up to three years, and can apply for adjustment of status in the U.S. if otherwise eligible. If the parole period expires before an individual applies for adjustment of status, the individual will be returned to the same immigration status, or lack thereof, held before the parole was granted.

Conclusion

The U.S. Citizenship and Immigration Services (USCIS) is clearly prioritizing these applications, as a slew of these cases were approved within 24 hours of having been properly filed. The Murthy Law Firm is available to provide consultations and representation for individuals seeking assistance with the Keeping Families Together program.

Copyright © 2024, MURTHY LAW FIRM. All Rights Reserved