Biden’s Parole in Place is now open for filing: who will qualify to adjust status in the USA?

In this video, attorney Jacob Sapochnick discusses the new parole in place program for undocumented spouses and stepchildren of U.S. Citizens recently announced by the Biden administration.

In this video you will learn about the parole in place application process, who is eligible to apply, and what will happen to those with pending extreme hardship waivers with USCIS.

Overview

On August 19, 2024, the United States Citizenship and Immigration Services (USCIS) began accepting applications for parole in place for undocumented spouses and stepchildren of U.S. Citizens under a new program called Keeping Families Together.

Applications for this program may now be submitted online using a new online electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, by creating a myUSCIS online account. Paper filings sent by mail will not be accepted by USCIS.

The fee to apply for parole is $580. No fee waivers or fee exemptions are available for this process at this time.

What is parole in place?

Parole in place is a discretionary authorization issued for a 3-year period, that allows certain noncitizens who are present in the United States without admission or parole to become “applicants for admission.”

If granted parole, these individuals may apply for adjustment of status to lawful permanent residence (green card holder) during the parole period, without being required to leave the United States and be processed by a U.S. consulate overseas.

Previously, undocumented spouses of U.S. Citizens who entered without inspection, were required to travel outside the United States to legalize their status through an extreme hardship “waiver” process which required a face-to-face interview at a U.S. Consulate abroad. This process has been very challenging on families because approval of the hardship waiver can take several years and lead to prolonged family separation.

It is estimated that as many as 500,000 noncitizen spouses of U.S. citizens could be eligible for parole in place, and an additional 50,000 noncitizen stepchildren of U.S. citizens.

What are the eligibility requirements for parole in place?

To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet the following eligibility criteria:

If you are the noncitizen spouse of a U.S. citizen, you must:

Be present in the United States without admission or parole (entered without lawful inspection);
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 you are 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 (entered without lawful inspection);
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.

Please read the frequently asked questions on the USCIS webpage here.

Impact of Criminal Charges or Convictions

If you have been convicted of a felony offense, you are not eligible for parole in place.

Convictions for the following offenses will also disqualify you for parole in place regardless of whether the conviction was a felony or misdemeanor:

Murder, torture, rape, or sexual abuse;
Offenses involving firearms, explosive materials, or destructive devices;
Engaging in activities relating to peonage, slavery, involuntary servitude, and trafficking in persons;
Aggravated assault;
Offenses relating to child pornography, sexual abuse or exploitation of minors, or solicitation of minors;
Domestic violence, stalking, child abuse, child neglect, or child abandonment; and
Controlled substance offenses (other than simple possession of 30 grams or less of marijuana).

All other criminal convictions not listed above, excluding minor traffic offenses, will result in a presumption of ineligibility for this process. To overcome the presumption of ineligibility, you must provide documentation demonstrating positive factors that can be considered in overcoming this presumption, showing that you warrant a favorable exercise of discretion. You must include copies of arrest records and certified court dispositions for each arrest or criminal charge, as well as evidence that you completed your sentence, if applicable.

If you have ever been arrested or charged for a criminal offense, please speak with an experienced immigration attorney to review your criminal records before applying for parole in place.

What is the parole in place application process like?

To apply for parole on Form I-131F you must first create an online account on the USCIS webpage.

USCIS has published a Filing Guide for Form I-131F (PDF, 9.33 MB) on the Keeping Families Together which provides useful information on how to complete the online application.

Before beginning the online application, USCIS advises applicants to have the following information ready:

Your full name, and any other names you have used
Current mailing address and your physical address (if different)
Your phone number and any email address you use
Birth date
Your Alien Registration Number (A-Number), if any
Your country of birth and your country of citizenship
Gender
Marital status (including the date of your marriage, if any)
U.S. Social Security number (if any)
USCIS online account number (if any); and
Biographical information including your height, weight, hair and eye color, and your race and ethnicity

Documentation Needed

The following documents are required by the I-131F online parole application. Applicants should gather these documents as early as possible.

Photo Identity Document

As part of the application process, applicants will need to upload a copy of an official photo identity document which includes their photo, name, and date of birth such as:

A valid government-issued driver’s license
A passport identity page
Any national identity document from your country of origin bearing your photo
Any school-issued form of identification with photo; or
Any other official identity document with a photo.

Expired identity documents will be accepted.

Evidence of Your Relative’s Status as a U.S. Citizen

Applicants must upload evidence that their spouse or stepparent is a U.S. citizen. This can be proven with a copy of the:

U.S. birth certificate
Naturalization Certificate
Certificate of Citizenship
Consular Report of Birth Abroad or
U.S. passport

Documents in a foreign language must be include a certified English translation.

Evidence of Qualifying Relationship

You must upload evidence showing that you are the spouse or stepchild of the U.S. citizen by providing evidence of any of the following:

A marriage certificate
Documentation of termination of any previous marriages, if applicable
Birth certificate with your noncitizen parent’s name, if you are filing as the stepchild of a U.S. citizen or
Death certificate of your U.S. citizen spouse, U.S. Citizen stepparent or your noncitizen parent, if applicable

Evidence of Continuous Physical Presence

You must upload evidence of your continual physical presence in the United States. To show this, you can submit:

Any Immigration and Naturalization Service (INS) or DHS document stating your date of entry (for example, Form I-862, Notice to Appear):
Rent receipts, utility bills (such as gas, electric, phone), or receipts or letters from companies showing the dates during which you received service. You may submit this documentation even if it only has the name of your parents or legal guardians, as long as you also submit other evidence that shows your presence at that address
Tax returns, tax transcripts, or tax receipts
School records (such as transcripts or report cards) from the schools that you have attended in the United States, showing the names of the schools and the periods you attended
Hospital or medical records concerning treatment or hospitalization, showing the names of the medical facilities of physicians and the dates of the treatment or hospitalization
Official records from a religious entity in the United States confirming that you participated in a religious ceremony, rite, or passage (for example, baptism, first communion, wedding)
Attestations by religious entities, unions, or other organizations to your physical presence; OR
Other documents such as money order receipts for money sent in or out of the country; birth certificates of children born in the United States; dated records of bank transactions; correspondence between you and another person or organization; automobile license receipts, title, vehicle registration, etc.; deeds, mortgages, rental agreements; contracts to which you have been a party; insurance policies; receipts; postmarked letters OR
Any other document you believe is relevant.

You must submit sufficient evidence that establishes your continuous physical presence for the entire period required, but you do not need to submit documentation for every day, week, or month within that period. USCIS will evaluate the totality of the evidence to determine whether you have established continuous physical presence for the required period.

Evidence of Disposition of Any Criminal Record

If you have been arrested for or charged with any felony or misdemeanor in the United States, or a crime in any country other than the United States, you must upload evidence demonstrating the results of the arrest or charges brought against you.

Those with a criminal history should consult with an experienced immigration attorney before completing the application.

What happens after your parole in place is granted?

Those who are granted parole in place under Keeping Families Together will be granted parole for a period of up to 3 years.

A grant of parole in place satisfies the requirement under INA section 245(a) that the applicant has been inspected and paroled by an immigration officer. Those whose parole has been approved will receive an I-797 Approval Notice containing an I-94 arrival/departure record as proof of their parole.

Such individuals are eligible to apply for an Employment Authorization Document also known as a work permit by filing Form I-765, Application for Employment Authorization with USCIS using the (c)(11) category code along with the required filing fee or a fee waiver request. The form can be filed online or by mail.

Applying for a green card after a grant of parole

To establish your eligibility for a green card after a grant of parole in place, your petitioning U.S. citizen spouse or stepparent must file Form I-130, Petition for Alien Relative along with Form I-485 Application to Register Permanent Residence or Adjust Status (green card application).

If you are filing Form I-130/485 based on marriage to a U.S. Citizen, you must demonstrate that have a bona fide marriage. If you are filing Form I-130/485 for a stepchild, you must demonstrate a bona fide stepparent-stepchild relationship.

Widow(er)s of U.S. Citizens and their children must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS along with Form I-485.

After filing these petitions, USCIS will review your eligibility and process your applications. Spouses of U.S. Citizens will be required to attend an in-person interview as a couple to demonstrate the bonafides of the marriage before a USCIS officer.

I have a pending Form I-601A, Application for Provisional Unlawful Presence Waiver. Can I still make a request under Keeping Families Together?

Yes, you may make a request for parole in place while you have a pending Form I-601A. If you are granted parole in place under this process, you may then be eligible to apply for adjustment of status to that of lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status, in the United States without first seeking a provisional unlawful presence waiver.

If your Form I-131F request is granted and you apply for adjustment of status with USCIS, you will no longer be eligible for a provisional unlawful presence waiver, and USCIS will deny your Form I-601A.

What will happen with my pending Form I-601A if I file a request under Keeping Families Together?

Your Form I-601A will remain pending and will be adjudicated normally. USCIS will not refund the fee you paid for Form I-601A if you file a request for parole in place.

If your parole in place is granted and you apply to adjust status to that of a lawful permanent resident (Form I-485), you will no longer be eligible for a provisional unlawful presence waiver, and USCIS will deny your Form I-601A.

Where can I find more information?

For further information about the application process, please visit our webpage where we have prepared a detailed FAQ section addressing your concerns.

Please also visit the Keeping Families Together USCIS webpage for more updates and our helpful links below.

Immediate Call to Action

If you are eligible for parole in place under the Keeping Families Together program, you must take immediate action and submit the online application Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens as soon as possible.

Time is of the essence because the existence of the program is currently under attack.

On August 23, 2024, Texas and 15 other states filed a lawsuit in federal court challenging the legality of the program. The plaintiffs have called upon the federal judge to halt the program temporarily while the court hears arguments in the matter.

At this time, USCIS is continuing to accept applications, but this could change in the very near future if the plaintiff’s motion for a temporary restraining order and preliminary injunction is granted by the judge. If a court order prohibits USCIS from accepting cases, your window of opportunity to file for this program may close forever.

Take action now!

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

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