On Aug. 19, 2024, the Department of Homeland Security (DHS) implemented the Keeping Families Together process for certain noncitizen spouses and stepchildren of U.S. citizens to request parole. U.S. Citizenship and Immigration Services (USCIS) will accept requests using the new electronic Form I-131F. As background, parole is an exercise of DHS' discretionary authority to allow certain noncitizen applicants to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or significant public benefit. "Parole in place" is available only for noncitizens who are present in the United States. Note that if parole is granted and if otherwise eligible, the noncitizen may have an option to apply for adjustment of status without being required to leave the United States.
A U.S. citizen's noncitizen spouse or stepchild (under the age of 21 and unmarried as of June 17, 2024) are required to meet the certain eligibility criteria to qualify:
- Be present in the United States without admission or parole;
- Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing the request;
- For noncitizen spouses, have a legal marriage with a U.S. citizen on or before June 17, 2024;
- For noncitizen stepchildren, have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before stepchild's 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.
Key takeaways
- Electronic Filing Only: Starting Aug. 19, Form I-131F can only be filed online. There will be no paper form available for this process. Each requestor, including minors, must file a separate Form I-131F through their own USCIS online account. Helpful information on creating a USCIS online account is available on the How to Create a USCIS Online Account webpage.
- Avoid Scams: USCIS warns to be cautious of
scams and individuals who guarantee outcomes. USCIS reviews all
applications on a case-by-cases basis. USCIS encourages individuals
to seek legal advice from an attorney admitted to practice law in
the United States or accredited representatives working for a Department of Justice-recognized organization.
Click
here for more information on scams. Some common scams include:
- Government impersonators: Be mindful of individuals who pretend to be USCIS officials. USCIS warns that the agency never contacts via personal social media accounts.
- Scam Websites: Make sure the information comes from the official USCIS website: uscis.gov, dhs.gov, or a website affiliated with uscis.gov which has the website address ending with ".gov".
- Payment by Phone or Email: USCIS never requests to transfer money to an individual or pay fees via phone or email and does not accept payment for immigration fees through third-party online payment transfer systems or gift cards.
- Notary Public (Notarios Publicos) and unauthorized practitioners of immigration law: Only an attorney admitted to practice law in the United States or an accredited representative working for a Department of Justice-recognized organization can give legal advice and legal services related to immigration matters. Please visit the USCIS Find Legal Services webpage for the list of recognized organizations and accredited representatives.
To help individuals prepare and file a request for parole in place through the online process, USCIS published a Filing Guide for Form I-131F on the Keeping Families Together webpage.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.