New York, NY—Today, the Department of Homeland Security posted for public inspection a Federal Register notice implementing Keeping Families Together, a process for eligible undocumented spouses and stepchildren of United States citizens to apply for parole in place.
The Biden administration and the Department of Homeland Security announced on June 18, 2024 new actions that would support the ability of undocumented Americans to work and remain in the country with their families without fear of deportation while they pursue a pathway to legal status. Building off existing authorities, a process for “Parole in Place” will apply to undocumented spouses of United States citizens who have resided in the U.S. for at least ten years and meet other eligibility requirements. This new process could benefit up to 500,000 people and 50,000 of their children under the age of 21.
Q: I am a noncitizen spouse to a United States citizen, what are the eligibility requirements?
A: To be considered for the parole in place program, you must have entered the United States without being admitted or paroled. Individuals must have been continuously physically present in the U.S. 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. Lastly, have no disqualifying criminal activity and are not deemed to be a threat to national security. Eligible applicants can also apply for protection for a child and or stepchild. The expanded Parole-in-Place process is discretionary, meaning that even if you meet all the requirements, your application can still be denied. There may be other legal requirements for eligibility to consider and it is recommended to talk to a lawyer before applying.
Q: When can I apply for the program?
A: The form is now open through the USCIS online portal. Individuals with a myUSCIS account can access this application. The application can only be accessed and submitted online.
Q: What information should I know about the application process?
A: The application process for this parole in place is scheduled to open on August 19, 2024. The application will only be available online, through the USCIS website. Individuals must file Form I 131-F, Application for Parole in Place for Certain Noncitizens Spouses and Stepchildren of U.S. Citizens. Individuals must have a USCIS account in order to apply. Until the application process is open, individuals should not apply. There isn't a paper application for this program. Paper-based applications sent to USCIS by mail will be rejected.
Q: What documents should I prepare?
A: You can begin to prepare to file a parole application by gathering evidence of your eligibility, including:
- Birth certificate
- Official marriage certificate (as of 6/17/24)
- U.S. marriage certificates and proof of termination or prior marriages
- Foreign marriage certificates
- Proof that your spouse is a U.S. citizen (U.S. birth certificate, naturalization certificate, or U.S. passport)
- Proof of Continuous Presence
- Copy of your passport showing departure and arrival stamps
- Copies of income tax returns from the past 10 filing years
- Employment records
- Rent receipts/utility records
- School records, medical records
- Birth certificates of U.S.born children
- DMV records
- Copies of state ID or driver’s license with address
- Attestations of church, union, or other member organizations
- Other documents showing that the applicant maintained their residence
Since the application is online, please prepare to scan all supporting documents and upload them. Individuals should provide translations of foreign language documents. Files should not be larger than 12MB in size. Files must be in one of the following formats: PDF, JPG, or JPEG.
Q: If I am a stepchild of a U.S. citizen, do I have to file my own individual request?
A: Yes, you must file your own Form I-131F, pay the $580 filing fee, and submit documentation establishing you meet the criteria for this process.
Q: Is there a fee to file a request to fill out the application for this program?
A: Yes, the fee to apply is $580. Individuals will be asked to pay by credit or debit card or provide information on their bank account for e-check. No fee waivers or fee exemptions are available for this process at this time.
Q: If I meet all of the required criteria, will I be guaranteed to have my Form I-131F approved under this process?
A: No. This is a discretionary program. If individuals meet all criteria, they can be rejected. All requests under this process are considered on a case-by-case basis.
Q: Who can I speak to if I need help completing my application?
A: Before applying, please be aware of immigration fraud. Immigration law is complicated. Individuals should only speak to a lawyer or Department of Justice (DOJ) accredited representative for legal advice on your situation. Be cautious about taking advice from social media. In the US, a “notario” is NOT a lawyer! Never get immigration help from a “notario,” travel agent, tax preparer, forms preparer, or notary. Do not allow anyone to create a myUSCIS account for you without your knowledge or consent. Do not allow anyone to link a phone or email that you do not have access to your account.
For more information, visit uscis.gov/keepingfamiliestogether.