Last Updated on August 20, 2024 by Linda Lee
On August 20, DHS posted for public inspection a Federal Register notice implementing Keeping Families Together – the process for noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place.
Parole in Place Eligibility Criteria
To be considered for this discretionary grant of parole, you must meet the following criteria:
- Be present in the United States without admission or parole.
- Have been continuously present in the United States for at least 10 years as of June 17, 2024.
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
- Have no disqualifying criminal history or pose a threat to national security or public safety.
- Merit a favorable exercise of discretion.
More detailed eligibility information will be provided in the Federal Register notice. Additionally, certain noncitizen children of requestors may also be considered if they meet specific criteria related to their presence in the United States and their relationship to a U.S. citizen.
Preparing Your I-131F Application
To apply for Parole in Place under the Keeping Families Together initiative, eligible individuals must submit Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online. Each individual must submit a separate application, even if multiple family members are applying. The application must be supported by evidence that demonstrates eligibility, such as proof of marriage, continuous residence, and the absence of disqualifying criminal history.
USCIS has published a filing guide for Form I-131F in PDF form to help individuals as they prepare to file a request for parole in place through the online process.
Once the application is submitted, applicants will undergo biometrics collection, including fingerprinting, to facilitate background checks. The USCIS will then assess each application on a case-by-case basis, considering factors like criminal history, the existence of removal orders, and other relevant information.
What’s needed for your I-131F application
Proof of Marriage to a U.S. Citizen (as of June 17, 2024):
- Marriage certificate
Proof of Identity:
- Valid state or country driver’s license or identification
- Birth certificate with photo identification
- Valid passport
- Any government-issued document bearing your name, date of birth, and photo
Proof of Spouse’s U.S. Citizenship:
- Passport
- Birth certificate
- Certificate of Naturalization
Proof of Continuous Presence in the U.S. for at Least 10 Years (as of June 17, 2024):
- Rent receipts or utility bills
- School records (letters, report cards, etc.)
- Hospital or medical records
- Attestations from religious entities, unions, or other organizations
- Official records of participation in religious ceremonies
- Money order receipts
- Birth certificates of children born in the U.S.
- Dated bank transactions
- Automobile license receipts, title, or registration
- Deeds, mortgages, or rental agreements
- Insurance policies
- Tax returns or tax receipts
For Noncitizen Children of Requestors:
- Birth certificate or adoption decree showing relationship to the noncitizen parent
- Proof of the noncitizen parent’s marriage to a U.S. citizen
- Proof of the child’s presence in the U.S. as of June 17, 2024
What Happens After Parole in Place is Granted?
If Parole in Place is granted, it generally lasts for up to three years and can be terminated at any time at DHS’s discretion. Recipients of Parole in Place may also apply for an Employment Authorization Document (EAD), allowing them to work legally in the United States.
It’s important to note that while Parole in Place provides temporary relief, it does not grant lawful permanent resident status. However, it can be a crucial step towards that goal. Parolees may later apply for adjustment of status if they have an approved immigrant petition, such as Form I-130 or Form I-360, and meet other eligibility requirements.
Contact ILOLA for Parole in Place Questions
Parole in Place under the Keeping Families Together initiative offers a vital opportunity for noncitizen spouses and stepchildren of U.S. citizens to remain together with their families while navigating the complex U.S. immigration system. If you believe you or a loved one may be eligible, it is essential to consult with our experienced immigration attorney to guide you through the process and ensure that your rights and options are fully protected.
Contact our office today for more information or to schedule a consultation by calling (213) 375-4084. Keeping your family together is our priority.
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