As an immigration law firm, we work closely with many families who want to move and stay together in the US. At Berd & Klauss, PLLC, our family immigration lawyer in New York can help you navigate permanent residence, US citizenship, visas, and complex matters, including deportation defense. As your attorney, we will share up-to-date and correct information so you can make informed choices.
An important update to be aware of is the ‘Keeping Families Together’ initiative. The Department of Homeland Security (DHS) implemented it on August 19, 2024, to allow certain noncitizen spouses and stepchildren of US citizens to request parole in place. The goal of this initiative is to promote family unity and support the current administration’s commitment to strengthening the US immigration system.
If you are a US citizen with a noncitizen spouse and stepchildren, Keeping Families Together may be relevant to you. We recommend consulting our family immigration lawyer in New York so you can navigate the process.We also want to share key information in this blog to help you understand parole, eligibility, and other related matters.
What is parole in Keeping Families Together?
Parole is a discretionary action taken by the DHS under the Immigration and Nationality Act (INA). It allows certain noncitizens who are not yet admitted to the US to temporarily remain here for specific reasons of significant public benefit or urgent humanitarian need.
Under the INA, a noncitizen present in the US without formal admission is considered an ‘applicant for admission.’ The Keeping Families Together initiative recognizes these noncitizens as potential candidates for parole in place, even though they haven’t been formally admitted.
Note that parole in place is only available for noncitizens who are currently within the United States.
What happens when parole is granted?
If eligible and granted parole, noncitizens can apply for adjustment of status to become lawful permanent residents without having to leave the US and go through the process at a US consulate in their home country.
The DHS estimates that around 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of US citizens may be eligible for the Keeping Families Together initiative. Many of these individuals have lived in the US for an average of 23 years.
A process that involves a thorough review
The USCIS is committed to maintaining the program’s integrity while preventing fraud. All submitted evidence supporting a legally valid marriage will be carefully reviewed. Existing practices and training will be used to identify any potential fraudulent evidence, and rigorous procedures will be in place to assess the legitimacy of marriages.
Eligibility for parole
Noncitizen spouse
A noncitizen spouse of a US citizen can be considered for parole if they meet the following requirements:
- Currently present in the US without parole or admission
- Continuously physically present in the US since June 17, 2024.
- Have no disqualifying criminal history and are not deemed a threat to border, national security, or public safety
- Legally married to a US citizen on or before June 17, 2024
Noncitizen stepchildren
Noncitizen stepchildren must meet these criteria to be considered for parole:
- Unmarried
- Under the age of 21 as of June 17, 2024
- No admission or parole while present in the US
- Continuously physically present in the US since at least June 17, 2024
- Have a noncitizen parent who is legally married to a US citizen on or before June 17, 2024, or before the noncitizen stepchild turns 18
- Have no disqualifying criminal history and are not deemed a threat to border security, national security, or public safety
Note that applicants must undergo required public safety vetting, background checks, and biometric submission.
How to request parole
Starting August 19, 2024, noncitizen stepchildren or spouses must submit a completed Form I-131F to request parole in place. This form called the “Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of US Citizens,” can be submitted online along with the filing fee.
Important notes:
- Ensure that all required fields on Form I-131F are filled out accurately.
- Include all necessary supporting documents.
- Each person, including children, needs their own separate application and USCIS online account.
- Legal guardians or parents can create and manage accounts for minor children.
Get advice from an immigration lawyer.
Keeping Families Together can potentially unite you with your noncitizen spouse and noncitizen stepchildren. However, it’s best to navigate this process with a family immigration lawyer in New York. Don’t hesitate to contact Berd & Klauss for legal advice.
You may book an appointment with our family immigration lawyer in New York by calling 212-461-71152. Our office is open from Monday to Friday at 8:00 AM to 6:00 PM. Otherwise, you may email [email protected].