Parole in Place under the Keeping Families Together Program
The Keeping Families Together program offers a process that allows certain undocumented noncitizen spouses and stepchildren of U.S. citizen 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 U.S. for processing. The Keeping Families Together program is a 2-step process. The noncitizen spouse or stepchild of a U.S. citizen would first apply for Parole in Place putting them in a status that would then allow them to apply for Adjustment of Status to Lawful Permanent Status (a “Green Card”).
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Requirements & Eligibility
To apply for Parole in Place under the Keeping Families Together program, you must meet the following 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.
Application Process
The Parole in Place process is initiated by the filing of a Form I-131F with the USCIS. The form can only be filed online. There is a filing fee of $580. If the application is approved the noncitizen spouse or stepchild will be valid for 3 years. However, if you leave the U.S. the Parole automatically terminates. Also, the Parole may be terminated at any time in the discretion of the Department of Homeland upon a determination that parole is no longer warranted, for example, following the commission of a crime.
The most significant benefit of the Parole in Place, however, is that it provides a lawful status to the noncitizen spouse or stepchild that allow them to then apply for an adjustment of that status to Lawful Permanent Resident based on the sponsorship of their U.S. citizen spouse or stepparent.
Frequently Asked Questions (FAQs)
1.
What type of supporting documentation do I need to submit with my Parole in Place Application?
Proof of Identity
- Valid State or country driver’s license or identification;
- Birth certificate with photo identification;
- Valid passport; or
- Any U.S. government issued document bearing your name, date of birth, and photo.
Proof of Your (or Your Parent’s) Legally Valid Marriage on or before 06/17/2024
- Current marriage certificate showing a legally valid marriage took place on or before June 17, 2024; and
- Divorce or annulment decree, or death certificate showing that any prior marriages were terminated (if applicable).
Proof of Spouse’s or Stepparent’s Status as a U.S. Citizen
- U.S. birth certificate;
- Certificate of Naturalization;
- Certificate of Citizenship;
- Form FS-240, Consular Report of Birth Abroad; or
- The biographical page of current U.S. passport.
Proof of continuous physical presence in the United States during the required time period (since at least June 17, 2014, through the date of filing, if requesting parole in place as the spouse of a U.S. citizen, or from June 17, 2024, through the date of filing, if requesting parole in place as the stepchild of a U.S. citizen)
- Internal Revenue Service tax transcripts listing tax information;
- Rent receipts or utility bills;
- Deeds, mortgage statements, or rental contracts;
- Bank, credit card, or loan statements showing regular transactions;
- Insurance policies;
- Automobile license receipts, title, or registration;
- Hospital or medical records;
- School records (letters, report cards, etc.);
- Attestations to your physical presence by religious entities, unions, or other civic or community organizations;
- Official records from a religious entity confirming your participation in a religious ceremony;
- Birth certificates for children born in the United States;
- Money order receipts for money sent into or out of the United States; or
- Any other document that shows that you maintained your physical presence in the United States.
Proof of your qualifying relationship to your U.S. citizen stepparent (for stepchildren only)
- Your birth certificate listing the name of your noncitizen parent; and
- Marriage certificate of your noncitizen parent and U.S. citizen stepparent, showing a legally valid marriage took place on or before June 17, 2024, and before your 18th birthday.
Evidence to demonstrate that you merit a favorable exercise of discretion for parole based on a significant public benefit or urgent humanitarian reasons
USCIS will examine the totality of the circumstances to determine whether your request should be granted based on a review of all positive and negative factors in your case.
If you have a final unexecuted removal order, non-disqualifying criminal history, or other derogatory information in your case, you may provide additional documentation that you believe demonstrates your parole is warranted based on a significant public benefit or urgent humanitarian reasons, and that you merit a favorable exercise of discretion. Such documentation may relate to, but is not limited to:
- Community ties;
- Your particular vulnerability related to advanced or young age;
- Length of presence in the United States;
- Existence of a mental or physical condition or illness requiring care or treatment in the United States;
- Your status as a parent or caregiver of a U.S. citizen child, or elderly parent or in-law;
- Your status as a caregiver for an individual with disabilities, including a U.S. citizen parent, in-law, or sibling;
- Your status as a victim or witness of a crime or civil rights violation, or labor rights violation under investigation by a labor agency;
- Effect on other family members, including family members who are U.S. citizens and lawful permanent residents;
- Any mitigating factors that relate to the specific criminal conduct or prior removal order at issue; or
- Other positive factors about which you wish to provide information.
2.
Is there a filing deadline after which USCIS will no longer accept requests for Keeping Families Together?
No, there is no filing deadline. However, as this program is from the Biden Administration, after the election in November, the new Administration could cancel this program. Thus, it is best to apply as soon as possible.
3.
If my Parole in Place application is denied by USCIS for some reason, will I be placed in removal proceedings?
In general, no, the USCIS will not issue a Notice to Appear or refer your case to Immigration and Customs Enforcement (ICE) based solely on the denial. However, if there is some issue of you being a threat to national security, public safety or border security, the USCIS may initial immigration enforcement proceedings.
4.
If I am already in removal proceedings, am I still eligible for the Keeping Families Together program?
Yes, USCIS will consider your request for Parole in Place even if you are currently in removal proceedings before an immigration judge.
5.
If I have a criminal conviction, am I still eligible for this process?
You will not qualify if you have any felony conviction. Certain serious crimes will disqualify you regardless of whether the conviction was a felony or misdemeanor (murder, rape, offenses involving firearms, aggravated assault, domestic violence, certain controlled substance offenses, etc.).
6.
Can I obtain an Employment Authorization Card?
Yes, but only after the Parole in Place application is approved. You can then file the application for an Employment Authorization card, which will be granted for the same 3-year period as the Parole.
