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The “Keeping Families Together” Biden Initiative Here at Last

On June 18, 2024, the Department of Homeland Security (DHS) announced a significant program to fulfill President Biden’s promise to enhance family unity within the immigration system. The initiative, known as “Keeping Families Together,” implemented on August 19, 2024, provides a pathway for certain noncitizen spouses and stepchildren of U.S. citizens to request Parole In Place, allowing them to remain in the United States and potentially adjust their status without leaving the country.

Understanding Parole In Place

Parole in place is a discretionary tool under Section 212(d)(5)(A) of the Immigration and Nationality Act (INA), allowing certain noncitizens who are considered “applicants for admission” to remain in the U.S. temporarily. These noncitizens may be granted parole in place if they meet specific eligibility criteria. This parole may allow them to apply for adjustment of status to become lawful permanent residents without leaving the United States to apply for U.S. Residency at a U.S. Consulate (Consular Processing).  DHS estimates that approximately 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens could be eligible for this process..

Eligibility Criteria

To qualify for Parole In Place under “Keeping Families Together,” applicants must meet several criteria:

1. Noncitizen Spouses of U.S. Citizens:
   • Must be present in the U.S. without admission or parole (not having entered with permission at a port of entry).
   • Must have been continuously physically present in the U.S. since at least June 17, 2014, through the filing date of your request
   • Must be married to a U.S. citizen and the marriage must have occurred on or before June 17, 2024.
   • Must have no disqualifying criminal history or be considered a threat to public safety or national security.
   • Must submit biometrics and pass background checks.
2. Noncitizen Stepchildren of U.S. Citizens:
   • Must have been under 21 and unmarried as of June 17, 2024.
   • Must be present in the U.S. without admission or parole (not having entered with permission at a port of entry).
   • Must have been continuously physically present in the U.S. since at least June 17, 2024, through the filing date of your request
   • Must have a qualifying non-citizen 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.
   • Must have no disqualifying criminal history or be considered a threat to public safety or national security.
   • Must submit biometrics and pass background checks.

Application Process

To request Parole In Place, eligible individuals must submit Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online with the applicable filing fee. Each individual requesting parole must file a separate Form I-131F, and children under 14 may have their forms completed by a parent or legal guardian.

Once the form is submitted, applicants will be required to provide biometrics, including fingerprints, photographs, and a signature, to complete background checks and verify eligibility. If granted parole, the noncitizen will generally receive parole for up to three years, during which they can apply for an Employment Authorization Document (EAD) by filing Form I-765. This document will allow them to work legally in the U.S.

Considerations for Granting Parole

DHS will consider each request for parole in place on a case-by-case basis, evaluating factors such as criminal history, existing removal proceedings, and national security concerns. Even if parole is granted, it does not guarantee eligibility for other immigration benefits, including lawful permanent resident status. A separate application process, through an I-485, Application to Register Permanent Residency or Adjust Status is required for such adjustments, which may include filing Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, depending on the relationship and circumstances.

Denials and Enforcement Actions

If DHS denies an application for parole in place, the applicant is not automatically subject to removal proceedings unless they are deemed a threat to national security, public safety, or border security. However, the denial does not prevent DHS from taking future enforcement actions in line with existing immigration laws and policies.

Post-Parole Considerations

If granted parole, applicants must be aware that their parole can be terminated under certain conditions, such as leaving the U.S. or the expiration of the parole period. Also, his does not authorize reentry into the U.S. after departure. Noncitizens who leave the country after being granted parole must obtain an Advance Parole Document prior to their departure to return, though reentry is not guaranteed and could affect their immigration status.

For noncitizens seeking to adjust their status to lawful permanent resident, additional steps are required. This includes demonstrating eligibility through an approved immigrant petition and ensuring they are not inadmissible under any applicable grounds.

Program Integrity and Fraud Prevention

USCIS has emphasized the importance of program integrity and will employ rigorous procedures to detect and prevent fraud, especially in the context of proving legally valid marriages. This includes reviewing evidence submitted with Form I-131F to ensure that only eligible applicants receive parole in place.

Employment Authorization and Social Security

After being granted parole in place, noncitizens can apply for employment authorization by submitting Form I-765. Those who do not already have a Social Security number (SSN) can apply for one during this process. The Social Security Administration will issue an SSN and card to approved applicants, which will be sent directly to the address provided on Form I-765.

The “Keeping Families Together” initiative marks a significant step in DHS’s efforts to promote family unity within the U.S. immigration system. By offering a pathway for certain noncitizen spouses and stepchildren of U.S. citizens to remain in the country and potentially adjust their status, DHS is addressing long-standing issues faced by immigrant families. However, the process is stringent, with strict eligibility criteria and robust measures to prevent fraud, ensuring that only those who genuinely qualify can benefit from this opportunity. As this program is implemented, it will be crucial for applicants to thoroughly understand the requirements and processes involved, including the potential risks and implications of travel outside the U.S. while under parole.

For more information, visit the USCIS page with Frequently Asked Questions About Keeping Families Together

If you need help with applying for the “Keeping Families Together” program or any other immigration relief, please contact our office and schedule a consultation with one of our experienced Boston immigration lawyers at: 617-523-6320 option 0

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