DHS has the sole discretion to approve parole and can terminate it at any time.

The Department of Homeland Security recently announced the implementation of the Biden-Harris administration’s Keeping Families Together Program, which allows certain noncitizens present in the United States for at least 10 years and married to U.S. citizens on or before June 17, 2024, (and qualifying stepchildren) 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. Parole in place has already been available for certain military service members and their family members.

If granted parole, parolees receive temporary legal status in the United States for three years from the date of approval, the ability to obtain work authorization by applying for an Employment Authorization Document, and may be eligible to apply for adjustment of status to become a lawful permanent resident.

Eligible applicants must:

• Be the spouse or stepchild of a U.S. citizen
• 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 married to a U.S. citizen since June 17, 2024 (for spouses)
  • A noncitizen parent who has been legally married to a U.S. citizen since June 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
• Be present in the United States without admission or parole
• Merit a favorable exercise of discretion

According to the announcement:

DHS estimates that 500,000 noncitizen spouses of U.S. citizens could be eligible to access Keeping Families Together; on average, these noncitizens have resided in the United States for 23 years. In addition, approximately 50,000 noncitizen stepchildren of U.S. citizens are estimated to be eligible to seek parole under Keeping Families Together.

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. DHS has the sole discretion to approve parole and can terminate it at any time. Applicants must provide, among other things:

1. Proof of their relationship to a U.S. citizen as either a spouse or stepchild;
2. Proof of their continuous physical presence in the U.S. for the requisite time period;
3. Copies of any criminal records (if applicable) and an official photo ID; and
4. 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

If you have any questions about this Alert, please contact any of the attorneys in our Immigration Law Group or the attorney in the firm with whom you are regularly in contact.

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.