Eligible noncitizen spouses and noncitizen stepchildren of U.S. citizens may request parole in place (parole granted without needing to depart the U.S.) by filing Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. A separate Form I-131F must be filed for each individual, including children, requesting parole in place, and each requestor must have his/her own USCIS online account.

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

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

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• Be present in the United States without admission or parole;

• 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:

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• Have been under the age of 21 and unmarried on June 17, 2024;

• 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 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.

 

You can only apply for Employment Authorization after your Form I-131F is approved.

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IMPORTANT UPDATE:

USCIS is accepting Form I-131F Applications and scheduling biometric appointments for those who filed Parole in Place Applications, it is not currently granting Parole in Place Applications. This is due to an August 26, 2024 ruling of the Court in Texas v. Department of Homeland Security, Case Number 24-cv-306. The court’s ruling is in effect through September 23, 2024, at which time, USCIS will resume processing these applications, unless this ruling called a “stay” is extended or this program is ended by the court or a future presidential administration.

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WHAT TO DO IF YOU BELIEVE YOU MAY BE ELIGIBLE FOR THIS FORM OF PAROLE:

We strongly advise contacting an experienced immigration attorney, if you believe that you may be eligible for this relief. This will help determine if you are likely eligible for this form of relief and weigh the risks vs. benefits of filing, recognizing that while applications are being accepted, applications that have been filed since August 26, 2024 are not being processed as of the time of this notice.

 

If you believe that you may be eligible for Parole in Place under Keeping Families Together, please contact our office for a FREE CONSULTATION by phone at (310) 427-7705 or by email at info@immigrantrep.com.