On June 18, 2024, President Biden introduced the Keeping Families Together Parole in Place program, a new initiative designed to help certain individuals who entered the country without authorization secure lawful status. This program specifically supports undocumented spouses and children of U.S. citizens, enabling them to adjust their status and obtain a green card without the risk of prolonged family separation due to consular processing complications that often arise from leaving the U.S. Eligible individuals can apply for work permits and secure temporary protection from deportation while they wait for their green card applications to be processed. This initiative significantly reduces the uncertainty that comes with leaving the U.S. to complete the immigration process.
This new program can only be filed online. Before you start the online application, it’s essential to collect all the necessary evidence to ensure you have everything ready when completing the online forms. First, the applicant must provide evidence demonstrating their identity. This would include documents such as a state or country driver’s license or identification, birth certificate with photo identification, a valid passport, or any government issued ID with the applicant’s name, date of birth, and photo. Next, the applicant will need to provide evidence demonstrating that they are married to a U.S. citizen. This can be done through a marriage certificate. They will also need evidence of their spouse’s U.S. citizenship which could be done through a passport, birth certificate, or a Certificate of Naturalization, depending on their spouse’s circumstances. Finally, the applicant will need to demonstrate continued presence in the United States for at least 10 years. This could include many different types of documents including but not limited to: rent receipts or utility bills, schools records (letters, report cards, etc.), hospital or medical records, organizations identifying you by name, money orders, bank transactions, automobile license receipts or registration, deeds mortgages or rental agreement contracts, insurance policies, or tax returns. If you have any criminal records, you will also need to provide the USCIS with all applicable records.
Once you have collected all the documents, create an email account and a USCIS online account. In order to do this, go to the USCIS website and click on "Create a New Account." Enter your personal information (name, email, phone number) and create a secure password. Follow the prompts to verify your email address and set up multi-factor authentication for added security. You will need to answer five security questions. Once your account is set up, you’ll be able to access the USCIS online portal where you can file applications, track your case status, and receive notifications. If you are working with an attorney, you will need to let the attorney know the exact email you used to set up your online account. This is how your attorney will be able to link to your account to complete the application for you. When your application is ready, your attorney will send you a representative passcode that will be able to enter. This will then allow you to review the forms and approve the application to be sent out.
After logging into your USCIS account, navigate to the section where you can fill out Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. Enter your personal information and upload the supporting documents. Be sure to clearly label each file to avoid confusion during processing. Once you have entered your personal information and uploaded the supporting documentation, review your answers carefully. Take the time to double-check all the information you’ve entered to avoid errors that could delay your application. The application requires a filing fee, which can be paid online through the USCIS portal. USCIS accepts payments via credit/debit cards or bank transfers. Ensure you receive a confirmation of your payment, as this will serve as proof that your application was successfully submitted. As of now, the filing fee is $580 dollars but this amount could change in the future.
Once you’ve submitted your application and paid the fees, USCIS will provide a receipt number, and soon after, a biometrics appointment notice. The USCIS will notify you via email or through your online account about any updates or additional information they may need.
On August 26, 2024, a federal court in Texas ordered the USCIS to stop approving the Keep Families Together Parole in Place applications while the legal issues were reviewed. Although the court initially placed a temporary halt until September 23, 2024, the situation became more complicated. On September 4, 2024, the court extended the pause, and by September 11, 2024, the Fifth Circuit Court of Appeals ordered all proceedings in the District Court to be suspended while it addressed related matters. As a result, the program has been left on indefinite hold. As of October 2024, the USCIS is still accepting applications but cannot approve them. Applicants are advised that while they can submit their paperwork, they risk losing their filing fee if the courts ultimately block the program from moving forward. The legal battle could stretch for months leaving immigrant families in uncertainty.
The Biden administration’s program presents a unique opportunity for undocumented immigrants by offering them a chance to obtain legal status without leaving the country. The online filing process simplifies the application procedure and makes it more accessible to eligible individuals; however, given the current legal challenges, it’s essential to stay informed and consider consulting an immigration attorney before proceeding with your application.
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DISCLAIMER: This Article is for informational purposes only and may not be used in the place of legal advice.