Tomorrow’s Federal Register will include a notice from the Department of Homeland Security (DHS) immediately implementing the Keeping Families Together process that will allow certain noncitizen spouses and stepchildren of U.S. citizens who are present in the United States without admission or parole to request a discretionary grant of parole in place under existing statutory authority. The Biden Administration initially announced this new policy on June 18, 2024 as part of a group of actions to promote family unity in the immigration process. To be considered for a discretionary grant of parole in place under this process, noncitizen spouses and stepchildren of U.S. citizens must meet certain conditions. Specifically, noncitizen spouses of U.S. citizens must: (1) be present in the United States without admission or parole; (2) have been continuously physically present in the United States since at least June 17, 2014, through the date of filing for the request; (3) have a legally valid marriage to a U.S. citizen on or before June 17, 2024; (4) have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and (5) submit biometrics and undergo required background checks and national security and public safety vetting. Separately, noncitizen stepchildren of U.S. citizens must: (1) have been under the age of 21 and unmarried on June 17, 2024; (2) be present in the United States without admission or parole; (3) have been continuously physically present in the United States since at least June 17, 2024, through the date of filing for the request; (4) have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday; (5) have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and (6) submit biometrics and undergo required background checks and national security and public safety vetting.
Regarding the filing of a request for a discretionary grant of parole in place under this process, as of today, August 19, 2024, applicants must submit the Form I-131F (“Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens”) through DHS’ online filing process. If an applicant is approved for a discretionary grant of parole in place under this process, the individual will be granted parole for a period of up to three years. Moreover, if an applicant is granted parole in place, they will be eligible to apply for an Employment Authorization Document (EAD) by submitting the Form I-765 (Application for Employment Authorization) and apply for a Social Security Number and Card.
DHS notes that a grant of parole in place does not establish eligibility for future immigration benefits, including an immigrant petition or petition for Lawful Permanent Resident (LPR) status. To establish eligibility for LPR status after parole in place is granted, the petitioning U.S. citizen spouse or parent of a parolee must file Form I-130 (Petition for Alien Relative), or in the case of certain widow(er)s and their children, parolees must file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant). The noncitizen would also need to file Form I-485 (Application to Register Permanent Residence or Adjust Status) and possibly Form I-601 (Application for Waiver of Grounds of Inadmissibility), if needed. DHS estimates that 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens may meet the requirements to request parole in place under this process.