Updated: 10/11/2024
What is the Keeping Families Together Parole program?
On Aug. 19, 2024, DHS implemented Keeping Families Together, a process for certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to request parole in place, so that they do not have to exit the U.S. to obtain their green card status.
Parole is an exercise of DHS’s discretionary authority to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or significant public benefit. Parole in place is available only for noncitizens who are present in the United States.
What happens if my parole is approved?
If granted parole, and if otherwise eligible, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas.
How have the recent court cases affected the parole program?
Despite a recent ruling by a Donald Trump-appointed judge of the United States District Court for the Eastern District of Texas, which administratively stopped USCIS from granting parole in place under the Biden administration’s executive “Keeping Families Together” initiative, the U.S. Citizenship and Immigration Services (USCIS) has announced it will continue to accept filings from eligible immigrants.
In response to the court’s decision, USCIS confirmed last week that while it will not approve any pending parole-in-place requests under the Keeping Families Together order, it will still continue to accept Form I-131F applications.
COURT CASES - Timeline
August 23, 2024
Texas and 15 other states file suit against KFT PIP in the U.S. District Court for the Eastern District of Texas
August 26, 2024
District Court issues administrative stay set to expire on 9/9/24
USCIS continues to accept applications but cannot issue approvals
September 4, 2024
District Court extends administrative stay until 9/23/24
USCIS continues to accept applications but cannot issue approvals
September 11, 2024
Fifth Circuit Court of Appeals extends administrative stay indefinitely as it decides an issue related to the case
USCIS continues to accept applications but cannot issue approvals
Oral argument set for 10/10/24 at the Fifth Circuit on this related matter
October 4, 2024
Fifth Circuit Court of Appeals ruled on related matter and vacated stay
District Court extends administrative stay until 11/8/24
Bench trial set for 11/5/2024
To comply with the district court’s administrative stay, USCIS will:
Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
Not grant any pending parole in place requests under Keeping Families Together.
Continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs).
Our office is continuing to process parole applications under this program. Please contact our office to consult with our expert immigration attorney to determine if this program is the best option for your case.
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