Articles Posted in Parole in Place

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.

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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.

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