Yesterday, the Biden administration launched Keeping Families Together, a program for certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to request parole in place under existing statutory authority. The program protects undocumented spouses and stepchildren of U.S. citizens from deportation, gives eligibility for employment authorization, and provides a path to status as a lawful permanent resident (green card). It also delivers much-needed relief to mixed-status families across the country and maintains family unity. Although the program was announced in June 2024, the application was made available yesterday.
Overview of the Keeping Families Together
The newly implemented Keeping Families Together program aims to assist noncitizen spouses and stepchildren of U.S. citizens by providing legal pathways to stay united with their families. The initiative offers expedited processing, legal support, and protections from deportation, ensuring these families can remain together while navigating the immigration process. This program reflects a commitment to preserving family unity and supporting immigrant families in the U.S.
Parole in place program was already utilized to maintain family unity for military families. It is now being expanded to benefit undocumented spouses and stepchildren of U.S. citizens.
Under the new expansion announced by the Department of Homeland Security (DHS), undocumented immigrants who are married to U.S. citizens can apply for parole in place if they meet certain criteria. They must have been continuously residing in the United States for over ten years and be married to a U.S. citizen. The DHS estimates that approximately 500,000 to 1.1 million individuals could benefit from this program. Stepchildren are also eligible.
The program not only protects undocumented family members from deportation, it also paves a path to citizenship. It's a crucial step in helping families achieve economic stability and reducing the stress and uncertainty that comes with undocumented status. By extending this benefit to undocumented spouses of U.S. citizens, the Biden administration aims to promote family unity and provide a more humane solution to the challenges faced by mixed-status families.
Eligibility for Parole in Place
To be considered for a discretionary grant of parole in place under Keeping Families Together, 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 the applicant has undocumented children, USCIS will also consider parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen. For eligibility, 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.
Benefits of Keeping Families Together
The Keeping Families Together program for undocumented spouses of U.S. citizens offers several key benefits. It protects eligible individuals from deportation, grants them temporary legal status, and provides work authorization, enabling them to contribute economically. Additionally, this program paves the way for these spouses and stepchildren to apply for a green card, facilitating a path to U.S. citizenship. By promoting family unity and stability, the program offers a humane and practical solution to their immigration challenges.
Benefits of Parole in Place
This policy not only protects undocumented spouses from deportation but also provides them with the ability to work legally in the United States. This is a crucial step in helping families achieve economic stability and reducing the stress and uncertainty that comes with undocumented status. Once granted parole, the beneficiary immediately enters a period of authorized stay without the threat of deportation. Additionally, a parolee may apply for:
- An employment authorization document (work permit);
- Lawful permanent residence through a qualifying relationship with a U.S. citizen.
Pathway to Citizenship for Undocumented Spouses
One of the most significant aspects of the parole in place program is its potential to facilitate a pathway to U.S. citizenship. Currently, many undocumented immigrants face significant barriers in adjusting their status due to an entry without inspection (unlawful entry). Generally, a lawful entry is a prerequisite for applying for a green card inside the U.S. However, a grant of parole fixes this problem.
Once approved for the program, parolees receive an I-94 arrival/departure record. This document is critical because it shows the individually has been lawfully admitted to the United States. With this lawful entry, the spouse may "adjust status" to that of a permanent resident (green card holder). Permanent resident spouses will be able to apply for citizenship through naturalization after three years.
How to Apply for Keeping Families Together
To request parole in place under Keeping Families Together, you must submit Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, to U.S. Citizenship and Immigration Services (USCIS). The application is only available online. You must also submit a $580 filing fee and several supporting documents as evidence of your eligibility. While you can learn more about this form and the process on CitizenPath, you must apply online at USCIS.gov.
Once you receive a grant of parole, CitizenPath can help you adjust status to permanent resident. Until then, make sure you stay up-to-date on the lastest changes to Keeping Families Together and other evolving immigration policy. Sign up for our free newsletter below.
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Supporting Documents for Form I-131F
When filing Form I-131F to request parole under Keeping Families Together, you'll also need to submit evidence to prove you meet the eligibility requirements. Before applying, take the time to gather the following supporting documents:
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
- Documentation of proof of identity, including expired documents may include:
- Valid state or country driver’s license or identification;
- Birth certificate with photo identification;
- Valid passport; or
- Any government issued document bearing the requestor’s name, date of birth, and photo.
- Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;
- Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024. Examples of documentation could include copies of:
- Rent receipts or utility bills;
- School records (letters, report cards, etc.);
- Hospital or medical records;
- Attestations to your residence by religious entities, unions, or other organizations, identifying you by name;
- Official records from a religious entity confirming participation in a religious ceremony;
- Money order receipts for money sent into or out of the United States;
- Birth certificates of children born in the United States;
- Dated bank transactions;
- Automobile license receipts, title, or registration;
- Deeds, mortgages, or rental agreement contracts;
- Insurance policies; or
- Tax returns or tax receipts.
Gathering this evidence is critical to establishing your eligibility for Keeping Families Together and a grant of parole in place. Do you need help locating old civil documents like birth certificates, marriage certificates and divorce decrees? Look into how to gather civil records for your U.S. immigration application. Also, remember that all foreign language documents must be accompanied by an English language certified translation.
Spouses Who Overstayed Generally Don't Need Parole
Not all undocumented immigrants need a grant of parole through Keeping Families Togther. The program is designed for individuals who entered the United States without documentation. It's the unlawful entry that creates the biggest problem. However, noncitizens who entered with a visa or other immigration status that has since expired already have a path to a green card through a U.S. citizen spouse.
In fact, immediate relatives of a U.S. citizens (such as a spouse and unmarried children under the age of 21) may adjust status to permanent resident after a visa overstay. The law provides a form of visa forgiveness to individuals in the immediate relative category. Thus, most undocumented spouses of U.S. citizens who have an expired visa can apply for a green card now.
About CitizenPath
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