President Biden signed an executive action that will allow spouse and stepchildren of U.S. citizens to apply for Parole in Place which if approved will enable them to adjust status in the U.S. instead of travelling back to their home country for visa processing. This is a rare opportunity for those who entered the U.S. without being admitted or there are problems with their entry. In most cases they cannot adjust their status because of this problem. Now this law will enable them to solve their problem. The USCIS FAQ are shown below:
Q. What is Keeping Families Together?
A. Keeping Families Together is a process that allows certain noncitizen spouses and stepchildren of U.S. citizens 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 United States for processing. Parole is an exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or a significant public benefit. The INA defines an “applicant for admission,” in relevant part, as a noncitizen “present in the United States who has not been admitted.” Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process because they remain “applicants for admission.” Parole in place is available only for noncitizens who are present in the United States. Those who receive parole are eligible to apply for work authorization for the period of parole
Q. Which form should I file to apply for Keeping Families Together? Can I file online?
A. Requestors must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, under this process. The form can only be filed online. Paper-based applications sent to USCIS by mail will be rejected (not accepted or receipted). We have created a Filing Guide for Form I-131F (PDF, 8.91 MB) to help individuals as they prepare to file a request for parole in place through the online process.
Q. What fee is required to file a request under Keeping Families Together (Form I-131F)? Can I obtain a fee waiver or fee exemption for this process?
A. The fee to apply is $580. No fee waivers or fee exemptions are available for this process at this time.
Q. If my Keeping Families Together request is granted, how long will my parole period last?
A. In general, if you are granted parole as a noncitizen spouse or noncitizen stepchild of a U.S. citizen under this process, your parole period will be valid as of the date USCIS approves your Form I-131F and will expire 3 years from that date. However, parole terminates automatically if you depart the United States. Parole may also be terminated at any time in DHS’s discretion upon a determination that parole is no longer warranted, for example, following the commission of criminal conduct.
As long as your parole remains valid (that is, is not expired or terminated), you will be considered in a period of authorized stay. As a parolee, you may apply for any immigration status for which you may be otherwise eligible, including adjustment of status to that of a lawful pe
Eligibility and Process
To be considered on a case-by-case basis for this process, an individual must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.
Noncitizen children of potential requestors may also be considered for 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 as of June 17, 2024.
.Upon receipt of a properly filed parole in place request USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.
Note: This is not legal advice. You should consult with an immigration attorney about the specifics of your case.
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If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: [email protected] Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.
