On June 18, 2024, the Joe Biden administration and the Department of Homeland Security (DHS) introduced the “Keeping Families Together” initiative. This program lets certain noncitizen children and spouses of American citizens apply for a green card without leaving the US.

Starting August 19th, 2024, the U.S. Citizenship and Immigration Services (USCIS) will accept parole-in-place applicant submissions. The program is eligible for noncitizen stepchildren and spouses of US nationals who have lived in the USA for at least 10 years.

Keeping Your Family Together While Waiting for Immigration Decisions

The Keeping Families Together program is part of recent efforts by Joe Biden’s administration. It aims to manage border security and support family unity in the United States immigration system. This new initiative seeks to retain all “multi-status family members” together as noncitizens work towards becoming legal permanent residents through parole-in-place.

Seeking parole allows individuals who do not have a legal reason to enter or stay in the USA to do so temporarily. People often refer to it as humanitarian parole. The government grants it if there are urgent humanitarian needs or significant public benefits. The parole-in-place program is similar for those living in the USA.

Receiving parole-in-place or humanitarian parole means the individual is now seen as “paroled and inspected” in the US. This status is crucial because it allows them to submit their Adjustment of Status (AOS) application and seek lawful permanent residency without exiting the country. Additionally, those with parole can apply for a work permit.

Even if the authorities cancel or end parole, the U.S. will still recognize the individual as being paroled and inspected. Individuals given parole-in-place under the Keeping Families Together initiative will qualify for AOS. This program applies even if a future administration cancels or changes the program.

Protecting Your Undocumented Spouse and Children

According to current immigration laws, American citizens can apply for immigrant visas for “immediate relatives,” which includes foreign national spouses, children, or stepchildren. Stepchildren include minors under 18 when their non-citizen parents marry US citizens.

This process allows a non-citizen family member to gain long-term residency and apply for citizenship after several years. However, the journey can be challenging, lengthy, and particularly risky for non-citizens who enter the country without inspection.

Those not inspected and accepted must leave the USA, go to a US consulate in another country, and obtain new immigrant visas to return. If an undocumented immigrant leaves the US, the government may ban them from returning for not more than 10 years.

The Illegal Immigration Reform and Immigrant Responsibility Act, or IIRIRA, 1996, created a 10-year ban. This ban applies to people illegally staying in the USA for one year or more. Such a ban can be very harmful, as it could keep noncitizens away from their US citizen friends and family for nearly a decade. You can only avoid this by applying for waivers. The waiver allows unauthorized immigrants to acquire visas abroad and return to the US as long-term residents.

However, acquiring this waiver is not guaranteed, and it currently takes about thirty months to process. The American Immigration Council states that around 1.2 million people are married to American citizens but lack immigration status. This means that about 1.2 million Americans cannot apply for the immigration benefits they are eligible for under federal statute. If they apply, their families may face separation for several years.

The Keeping Families Together program is a practical solution to simplify the process for an immigrant married to an American citizen. This program applies to those who have lived in the U.S. for long. This initiative will help spouses and minors who have stayed in the US for ten years or more but lack legal status. They can apply for legal status and work while staying with their relatives.

Eligibility For Keeping Families Together

The eligibility criteria for Keeping Families Together focus on individuals with strong connections to the US. These include marriage to US citizens, permanent residency, and active community involvement. If approved, applicants would be safe from deportation, awarded temporary parole status (TPR), and allowed to work. The program could also help these stepchildren and spouses to submit their green card applications, leading to US citizenship.

To qualify under this program, applicants should:

  • Be physically available in the USA without parole or admission.
  • Has been constantly present in the US:
    • Since 17th June 2014, if applying as a spouse of an American national or
    • Since 17th June 2024, if applying as a stepchild of an American citizen.

To be eligible for parole-in-place, you must have:

  • A legal marriage to an American national as of 17th June 2024, if you are the spouse or
  • A legal marriage to an American on or before 17th June 2024 if:
    • You are a non-citizen parent seeking a parole-in-place program as the stepchild of an American citizen
    • It must be before the stepchild turns 18.

You should not have a serious criminal record, such as a felony, and you must not threaten national security or public safety. However, you might still qualify even if you are in deportation hearings or have a removal order.

USCIS decides on parole-in-place applications based on individual cases. Meeting all the requirements does not guarantee approval; USCIS can deny the application even if you qualify.

Applicants can provide extra evidence showing urgent humanitarian grounds or public benefits for granting parole. It includes any additional factors that might help your case, especially if there are reasons for ineligibility. The system will not automatically approve all qualifying cases. USCIS will likely require thorough documentation, similar to hardship waivers, to demonstrate that there are solid reasons for granting favorable discretion.

Applicants need to submit Form I-131F through the USCIS website. The form can be found there. The current filing fee is $580. Each person, including children, asking for parole-in-place should fill out their form.

Advantages of Parole in Place

If the authorities approve a parole in place, the noncitizen can quickly apply for work authorization for the length of their parole. This process will help the US citizens, family members, and the overall U.S. economy. Moreover, this process allows noncitizens to work lawfully, leading to better job opportunities and increased economic productivity. It will provide steady support to their American citizen family members. It will also lower the chances of labor exploitation. Additionally, it will help noncitizens use their skills fully in the U.S. workforce.

Once the government grants parole, the individual can stay in the U.S. without fearing deportation. Also, a person with parole can apply for:

  • A work permit
  • Permanent residency through qualifying relationships with US nationals

A critical feature of this plan is its ability to help people become U.S. citizens. Many undocumented individuals struggle to obtain a green card because they entered the country illegally. Usually, entering the U.S. legally is necessary to apply for green cards. However, granting parole can solve this issue.

When someone receives parole in place, they obtain an I-94 departure/arrival record. This form is essential as it proves that the person has been legally permitted to the US. With this legal entry, spouses can change their status to permanent residents or green card holders.

Disadvantages of Parole in Place

Some of the drawbacks of a parole-in-place program include the following:

  • Timing—If the case is almost done with the US National Visa Center, remember that the process may take longer. It is hard to know how long it will take for the Consulate or Embassy to set your appointment, which can take a few years or months.
  • Fees—The PIP program has several new costs. The federal fee for this program is $580. If the system approves you, there are more fees:
    • Green card fees of $1,440
    • I-130 fee at $535
    • Work permit application fees at $260 (it is normally optional but usually recommended)

There are also optional advance parole applications that cost $630. Once approved, these allow you to travel worldwide while waiting for the authorities to resolve the green card application.

If you think you or a spouse might qualify for the new policy, you should talk to a skilled immigration lawyer to help with the process. You can:

  • Schedule a meeting—Schedule a time with your attorney to review your situation and determine whether you qualify for this parole. Both partners should be present to discuss all queries and concerns.
  • Collect documents—Begin gathering paperwork to show your continuous existence in the USA since 17th June 2014 and your union to an American citizen. Your attorney will give you a complete list once you sign the contract, but starting now is a good idea. Essential items to take note of include:
    • Write a 750- to 2000-word description of why the system should approve you for this program. Include a personal story about your family ties, character, and future goals.
    • Proof that you entered the USA before 17th June 2014.
    • 5-8 documents per year showing your existence in the USA since 17th June 2014, like leases, transcripts, pay stubs, medical records, or tax returns, to name a few.
  • Create online accounts—If you do not have one, create a myUSCIS account. You must apply online.

Recent Developments in the Keeping Families Together Program

Recently, a federal judge blocked the “Keeping Families Together” program, disappointing many immigrant families. In August, a judge from the US District Court for the Eastern District of Texas temporarily halted the program but allowed applications to continue. Attorneys general from 15 states and other groups challenged the Biden Administration’s right to create the program.

Even though the program aimed to keep families together, it faced strong resistance from Republican-led jurisdictions. Some critics claimed the program was too lenient, arguing that permitting undocumented people to stay in the US could weaken immigration law enforcement. Legal challenges came from parties who believed the program exceeded executive power in immigration matters.

The federal judge concluded that the initiative’s structure did not comply with existing immigration regulations and considered it an overreach. Several vital points influenced the judge’s verdict:

  • Separation of power and authority—The court determined that the plan went beyond what the executive branch could do, encroaching on Congress’s role in making immigration laws.
  • Need for congressional approval—Some individuals argued that legislation should create any program affecting immigration policy, not just executive orders. The judge agreed that such a program needed formal laws.
  • Concerns About Immigration Control—Opponents argued that programs protecting undocumented individuals could lead to more immigration offenses, a problem that the court acknowledged

This verdict was a major disappointment for families hoping to benefit from this program. It highlighted the limits of executive orders in achieving immigration reform and emphasized the ongoing struggle to balance immigration law enforcement officers with humanitarian issues.

Measures You Can Take Today

While waiting for the US Congress to address the issue, it can be natural to feel powerless. However, there are steps you can take to support your cause. If the US Congress eventually allows undocumented immigrants with strong relations to the US to gain legal status, having supporting documents ready will be critical.

Your good moral behavior and proof of residence will be crucial for future applications. Make sure to collect and keep these important documents. Helpful examples include:

  • Utility bills or rent receipts
  • Medical or hospital records
  • School records (like letters and report cards)
  • Official documents from religious groups about your participation in ceremonies
  • Statements from religious groups or organizations confirming your residence
  • Cash order receipts for trades or transactions within or outside the US
  • Dated bank statements
  • Birth certificates for minors born in the U.S.
  • Vehicle registration or title documents
  • Insurance policies
  • Mortgages, rental agreements, or deeds
  • Tax receipts or returns

Spouses Who Overstay Generally Do Not Need Parole in Place.

Not all undocumented individuals require parole through the Keeping Families Together initiative. This program is for those who enter the U.S. without proper documentation. The main issue is the illegal entry. However, foreign nationals with visas or other expired statuses can still apply for green cards through their US citizen spouses.

Immediate family members of American citizens, like spouses and unmarried juveniles under 21, can change their status to permanent residents even if they have overstayed their visas. The law allows for visa forgiveness for those in this category. Therefore, many undocumented partners of American nationals with expired visas can now submit their green card applications.

Find an Immigration Law Firm Near Me

While the Keeping Families Together program has faced challenges, applying now can benefit you and your family. Starting early may help you address your situation faster than waiting for the courts to decide on the program. Immigration law can be complex, but our attorneys at the Orange County Immigration Attorney are here to help you with your application. To schedule a free initial consultation, call us at 714-909-0426.