The Department of Homeland Security (DHS) has announced a new initiative called “Keeping Families Together,” in the form of “parole in place” (PIP), designed to allow certain noncitizen spouses and stepchildren of U.S. citizens to obtain legal permanent residency (green card) status in the U.S. without having to depart the US and be barred from reentering for many years. DHS has provided the notice in the Federal Register.
Eligibility Criteria
For Non-citizen Spouses of U.S. Citizens:
- Presence in the U.S.: Must be present in the U.S. without having entered the U.S. lawfully (through inspection by an immigrant officer on a nonimmigrant visa or through parole).
- Continuous Physical Presence: Must have been continuously physically present in the U.S. since at least June 17, 2014, through the date of filing.
- Marriage Requirements: Must have a legally valid marriage to a U.S. citizen on or before June 17, 2024.
- Criminal History: Must have no disqualifying criminal history and must not be deemed a threat to public safety, national security, or border security.
- Background Checks: Must submit biometrics and undergo required background checks and vetting.
- Exercise of Discretion: Must demonstrate that a favorable exercise of discretion is warranted.
For Non-citizen Stepchildren of U.S. Citizens:
- Age and Marital Status: Must have been under the age of 21 and unmarried on June 17, 2024.
- Presence in the U.S.: Must be present in the U.S. without having entered the U.S. lawfully (through inspection by an immigrant officer on a non-immigrant visa or through parole).
- Continuous Physical Presence: Must have been continuously physically present in the U.S. since at least June 17, 2024, through the date of filing.
- Marriage of Non-citizen Parent: Must have a non-citizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday.
- Criminal History: Must have no disqualifying criminal history and must not be deemed a threat to public safety, national security, or border security.
- Background Checks: Must submit biometrics and undergo required background checks and vetting.
- Exercise of Discretion: Must demonstrate that a favorable exercise of discretion is warranted.
Application Process and Filing Details
- Form I-131F: Eligible individuals must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online after creating a myUSCIS account.
- Filing Fee: The fee for Form I-131F is $580, with no fee waiver requests accepted.
- Start Date: USCIS will begin accepting applications on August 19, 2024.
Important Considerations
- Keeping Families Together/Parole in Place (PIP) not for those who entered the U.S. lawfully: Parole in place (PIP) is not open to those aliens who were inspected by an immigration officer and admitted as non-immigrants or pursuant to parole and who overstayed or violated the terms of their status. For example, an F-1 student who stopped attending school would not be eligible for parole-in-place (PIP), but may be eligible to adjust their status in the U.S. based on marriage to a U.S. citizen.
- Keeping Families Together/Parole in Place (PIP) is not a green card: A grant of parole in place (PIP) does not confer legal permanent residence (the green card). Also, parole in place (PIP) does not automatically establish eligibility for an immigrant visa based on a real marriage to a U.S. citizen. Furthermore, parole in place (PIP) does not remove the other requirements for adjustment of status, including inadmissibility criteria.
A discretionary grant of parole in place (PIP) allows the foreign undocumented alien applicant to adjust status in the US to become a legal permanent resident by satisfying the legal requirement under INA section 245(a) that the applicant has been inspected and admitted or paroled into the U.S.
- Adjustment of status for the green card in the U.S.: After a grant of parole in place (PIP), if the U.S. citizen spouse or stepparent has not already file the I-130 immigrant visa petition, the U.S. citizen spouse or stepparent must file the Form I-130, or Form I-360 in the case of certain widow(er)s, concurrently with foreign applicant’s Form I-485 application to adjust status to become a legal permanent resident.
- Employment Authorization: After being granted parole in place (PIP), the applicant can file for the employment authorization document. The application for the EAD cannot be filed before approval of the PIP.
Please contact Attorney Kornfeld for an immigration consultation about Keeping Families Together parole in place (PIP).