Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens

The new Form I-131F benefits certain undocumented spouses and stepchildren of U.S. citizens. But not everyone can apply. Additionally, not all spouses and children need to apply for these benefits.

To be considered for a discretionary grant of parole in place, noncitizen spouses of U.S. citizens must meet these eligibility criteria:

• Be present in the United States without admission or parole;
  This requirement means that the applicant must have entered without inspection. In other words, they entered unlawfully through a U.S. border. Someone who entered on a visa and never left the U.S. would not meet this requirement.
  
• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
  The applicant must have entered the United States on or before June 17, 2014, and never left the U.S.
• Be legally married to a U.S. citizen on or before June 17, 2024;
  The marriage to a U.S. citizen must be recognized as legally valid. Generally, this means that the marriage is recognized in the jurisdiction where it took place. Typically, you have a marriage certificate (from a government agency) to prove this.
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
  While not all criminal offenses will create a problem, many will. If you have a criminal history or have ever been in contact with immigration officials, it's best to consult with an immigration attorney before applying.
• Submit biometrics and undergo required background checks and national security and public safety vetting.
  Most immigration cases include some biometric screening and background checks. Learn what happens at a biometrics appointment.

To be considered for a discretionary grant of parole in place, noncitizen stepchildren of U.S. citizens must meet these eligibility criteria:

• Have been under the age of 21 and unmarried on June 17, 2024;
  USCIS defines a child as unmarried and under the age of 21. Therefore, the stepchild applicant must not be married or older than age 20 as of the date of the program announcement.
• Be present in the United States without admission or parole;
  This requirement means that the applicant must have entered without inspection. In other words, they entered unlawfully through a U.S. border. Someone who entered on a visa and never left the U.S. would not meet this requirement.
• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
  A stepchild applicant must not have departed the United States, even temporarily, after June 17, 2024.
• 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;
  The applicant's parents' marriage must have taken place before June 17, 2024. Additionally, the stepchild must have been under the age of 18 at the time of the marriage in order to create the legal stepparent-stepchild relationship.
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
  Again, consult with an immigration attorney if you've had any criminal offenses or immigration violations. Any attorney should evaluate your specific situation before applying.
• Submit biometrics and undergo required background checks and national security and public safety vetting.
  Most immigration cases include some biometric screening and background checks. Learn what happens at a biometrics appointment.

The burden is on the applicant to demonstrate that they meet the eligibility criteria and that a parole is warrranted. USCIS will evaluate and approve applications on a case-by-case basis.

Undocumented immigrants who lawfully entered the United States but overstayed their authorized visit are not eligible for parole in place. However, immediate relatives of U.S. citizens may adjust status to permanent resident (green card) even after a visa overstay. The spouse and unmarried children (under age 21) of U.S. citizens are considered immediate relatives.

To learn more, read Applying for a Green Card After a Visa Overstay.