In this video, attorney Jacob Sapochnick discusses the current status of parole in place applications under the Keeping Families Together program and how a new lawsuit will impact the approval of applications under the program.
To learn more, please keep on watching this video.
What is Keeping Families Together?
The Keeping Families Together program was recently established by presidential executive order to create a pathway to permanent residency for undocumented spouses and stepchildren of U.S. Citizens, who entered the country without inspection, and have been continuously present in the United States since at least June 17, 2024.
Those granted parole in place under Keeping Families Together are given three years to apply for temporary work authorization and permanent residency from inside the United States. At least 500,000 spouses, and about 50,000 of their children are set to benefit from this program.
Parole in place simplifies the green card application process by eliminating the need for spouses to apply for an extreme hardship “waiver,” and to depart the United States to attend a visa interview at a U.S. Consulate abroad.
In doing so, this process prevents prolonged family separation and enables applicants to obtain permanent residency without departing the United States.
Federal Judge Temporarily Halts Parole in Place Program
On August 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) began accepting online applications for parole in place, using a new electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
Several days later, the state of Texas along with 15 other states filed a lawsuit challenging the legality of the program.
In response to the lawsuit, on August 26th federal judge J. Campbell Barker from the U.S. District Court for the Eastern District of Texas, issued an administrative stay prohibiting USCIS from issuing approvals of parole in place applications for 14 days.
In his order, the judge said that the administrative stay may be extended further at the conclusion of the 14-day period.
Will USCIS continue to accept parole in place applications during the administrative stay?
Yes. During the 14-day administrative stay, USCIS will continue to accept online applications for parole in place filed using Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. USCIS will also continue scheduling biometrics appointments for applicants at Application Support Centers (ASCs).
However, due to the court order USCIS is prohibited from granting any pending parole in place applications under the Keeping Families Together program.
What will happen to parole in place applications approved before August 26th?
USCIS has said that the court’s administrative stay does not affect any parole in place applications that were approved before the court’s administrative stay order was issued at 6:46 p.m. Eastern Time on August. 26, 2024.
What should I do now if I believe I qualify for parole in place?
IMMEDIATE CALL TO ACTION
If you believe you are eligible for parole in place under the Keeping Families Together program, it is strongly recommended that you consult with an immigration attorney as soon as possible to determine whether you should proceed with applying for parole in place. It is important to act quickly while applications for the program are still being accepted by USCIS. For assistance with your application, contact us at 619-819-9204 or text 619-569-1768 for a consultation.
It is possible that applications will stop being accepted by USCIS in the future, if further court orders are issued or the plaintiffs prevail in their lawsuit.
To learn more about the parole in place requirements, please click here.
Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.
Helpful Links
- Texas and Other States File Lawsuit Challenging Keeping Families Together Program
- USCIS Publishes Filing Guide for Keeping Families Together
- USCIS Filing Guide for Form I-131F (PDF, 9.33 MB)
- USCIS Keeping Families Together Parole Webpage
- Frequently Asked Questions About Keeping Families Together
- Form I-131F
- Form I-130 Petition for Alien Relative
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-765 Application for Employment Authorization
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Breaking Down President Biden’s Executive Order Granting Legal Protections to Undocumented Spouses of U.S. Citizens, and Creating Opportunities for Dreamers
- USCIS Announces Parole in Place Application Process for Undocumented Spouses of U.S. Citizens Opens August 19th
- FACT SHEET: President Biden Announces New Actions to Keep Families Together
- Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- USCIS Processing Times
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
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