DHS recently announced the implementation of the Biden-Harris' administration's "Keeping Families Together" program, which allows certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole without leaving the U.S. and being separated from their families. Some DACA and TPS recipients who are spouses or stepchildren of U.S. citizens may also be eligible. DHS has the sole discretion to approve parole and can terminate it at any time.
If granted parole, the noncitizen spouse or stepchild's parole period will be valid for 3 years from the date of approval and may be eligible to apply for adjustment of status to become lawful permanent residents.
To apply, applicants must submit Form I-131F and pay the $580 filing fee. There is no fee waiver. Applicants can file Form I-131F online through a MyUSCIS account. Eligible applicants must:
- Be the noncitizen spouse or stepchild of a U.S. citizen
- Be present in the United States without admission or parole
- Have been continuously present in the United States since
either:
- June 17, 2014, for noncitizen spouses
- June 17, 2024, for noncitizen stepchildren
- Have either:
- Been legally validly married to a U.S. citizen since June 17, 2024 (for spouses)
- A noncitizen parent who has been legally validly married to a U.S. citizen since Jun 17, 2024, and who was under 18 at the time of marriage (for stepchildren)
- Have no criminal history and not pose a threat to public safety or national security
- Merit a favorable exercise of discretion
Eligible applicants must also provide copies of the following documents with their application:
- Official photo identity document that shows their photo, name,
and date of birth
- Ex: Driver's license, passport biographic page, or a school ID
- Official document confirming their spouse or stepparent's
U.S. citizenship
- Ex: U.S. birth certificate or U.S. passport
- Documents showing that they are the spouse or stepchild of a
U.S. citizen
- Ex: Marriage certificate (for spouse), or marriage certificate of noncitizen parent + birth certificate (for stepchild)
- Documents confirming their continuous physical
presence in the U.S. since either June 17, 2014 (for spouses), or
June 17, 2024 (for stepchildren). Form I-131F guidance states this
could include any combination of the following:
- INS or DHS document showing your date of entry to the U.S., such as a Notice to Appear (Form I-862).
- Rent receipts, utility bills, insurance documents, bank statements, or other similar documents showing your U.S. address and the date the services were received or document was issued
- Tax returns or tax transcripts
- School records, such as report cards or school attendance confirmation letters
- Hospital or medical records, listing location of medical provider and date of service
- Other corroborating evidence, like money order receipts, bank transactions, vehicle or property purchases
- Letters from organizations attesting to your physical presence and activities in the U.S.
- *For spouses, it's recommended to include copies of documentation over a period of time to establish continuous presence since June 17, 2014
- If applicable, copies of any criminal records showing arrests or charges and the final disposition thereof
- "Any additional evidence demonstrating the significant public benefit or urgent humanitarian reasons that warrant granting you parole and evidence of any additional favorable discretionary factors that you would like" the government to consider
For more information, please see the USCIS website at uscis.gov/keepingfamilitiestogether. For additional questions or for assistance in assessing your eligibility or with submitting your Form I-131F application, please contact a member of the Immigration Group.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.