Update on the “Keeping Families Together” Parole in Place Program

What is the Keeping Families Together Program?

Keeping Families Together is a Biden Administration initiative to make applying for permanent residency easier for spouses of U.S. citizens through Parole in Place. Through Parole in Place, a noncitizen can stay in the United States and adjust their status. Currently, a non-citizen can apply for lawful permanent residency through marriage with a U.S. citizen.

However, the non-citizen spouse might need to depart from the United States to wait to be processed, which can take many years. This can cause stress and instability for the family. As part of the Biden-Harris Administration’s goal to strengthen family unity, a new process will be implemented to consider on a case-by-case basis, requests for requests for certain noncitizen spouses of U.S. citizens to apply for lawful permanent resident status without having to leave the country. This will only be available to those, according to the Department of Homeland Security, who do not pose a threat to public safety or national security, have been 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, and have a legally valid marriage to a U.S. citizen as of June 17, 2024.

What are the requirements for the “Keeping Families Together” parole program?

Proof of Identity: Copy of an official photo identity document (can be expired)

1. Evidence of Spouse/Stepparent’s U.S. Citizenship: U.S. birth certificate, Naturalization Certificate, U.S. passport, and so on.

2. Evidence of Relationship:

1. For spouses: Marriage certificate

2. For stepchildren: Could include birth certificate or adoption decree with noncitizen parent’s name.

3. Evidence of Continuous Physical Presence:

1. For spouses: Since June 17, 2014, through the date you file the request.

2. For stepchildren: Since June 17, 2024, through the date you file the request.

3. Examples include:

• Lease or mortgage, Electric, gas, phone bill

• Bank statements, hospital or medical records

• Tax forms, school transcripts, car title and registration, and any official documents from a religious entity (marriage, baptism, etc.)

4. Criminal History Information (if applicable)

5. Personal Statement

Applications opened on August 19th, 2024, online along with a filing fee. This new process was estimated to help 500,000 immigrants potentially. This process is also extended to non-citizen children of potential requestors if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024. While this is a step forward in the right direction, more needs to be done to ensure families stay together and that there is a path toward citizenship for more undocumented immigrants.

However, as of August 26th, a federal judge in Texas has ordered a temporary stop to the “Keeping Families Together” Parole in Place Policy. This comes after Texas and 16 other states sued to block the program stating that it is unconstitutional by violating the Administrative Procedure Act. This means that USCIS will no longer be approving applications. Originally the temporary stop was issued until September 9th. On September 4th, the same judge extended it until September 26th. USCIS has stated that they will continue to accept applications but will not process them until a decision is made in court. A hearing has been scheduled for October. 

Sources:

https://www.theguardian.com/us-news/article/2024/aug/27/judge-blocks-parole-in-place-immigration 

https://www.alianzaamericas.org/tool/what-we-need-to-know-about-parole-in-place-and-the-application-process