On August 19, the U.S. Citizenship and Immigration Services (USCIS) began accepting applications for the first step of the process under the Keeping Families Together program. This initiative, announced by President Joe Biden on June 18, aims to create a new pathway for some undocumented spouses of U.S. citizens to adjust their status to lawful permanent residence without having to leave the country. The eligibility criteria for this program includes being continuously present in the United States since June 17, 2014, and being married by June 17, 2024.
The process involves filling out an I-131F form, which is the initial step in the application process. However, just a week after USCIS started accepting applications, a Texas judge issued a temporary hold on granting parole in place (PIP) to immigrants who entered the country without inspection and are already present. This decision has put a pause on the program and has left many families in limbo while the legal dispute unfolds.
President Biden expressed his disagreement with the court ruling, stating that families should not be needlessly separated and emphasizing his administration’s commitment to fight for them. The uncertainty surrounding the case has left many applicants wondering about the future of their applications. USCIS, on the other hand, continues to accept filed applications and schedule biometric appointments, providing some hope for those affected by the hold on PIP.
The Parole in Place program created by the Biden administration offers a new way for undocumented spouses to stay in the U.S. without having to leave their families behind. This is a significant departure from the previous requirement for couples seeking permanent residency through marriage, which mandated the person who migrated to the U.S. to return to their country of origin for processing.
Maria Huel, a supervising paralegal at New York Legal Assistance Group (NYLAG)’s Immigrant Protection Unit, clarified that PIP does not offer a new form of permanent immigration relief or status. Instead, it allows undocumented spouses to meet the ‘inspected and admitted or paroled’ requirement to adjust their status. The program generally grants parole for up to three years, during which applicants can apply for a work permit and begin the process of obtaining a green card.
Despite the temporary hold on PIP, applicants can still apply for the program by submitting the required documentation and completing the necessary forms. The I-131F form must be filed electronically, and each petitioner must file a separate form. The application fee is $580, with no fee waivers or expedited processing available. USCIS has published a filing guide for Form I-131F to assist applicants in completing the process accurately.
In terms of eligibility, noncitizen spouses of U.S. citizens who are present in the country without admission or parole for at least 10 years as of June 17, 2024, and have a legally valid marriage to a U.S. citizen on or before June 17, 2024, are eligible for the program. Additionally, undocumented widows and widowers of U.S. citizens who have not remarried may also qualify under certain conditions.
The application process requires various documents to support the applicant’s eligibility, including proof of identity, documentation of the spouse’s U.S. citizenship, marriage certificate, evidence of continuous presence in the country, and a narrative statement explaining why the applicant deserves a favorable exercise of discretion. Applicants must also submit to biometric services, including fingerprints, photographs, and a signature at an Application Support Center (ASC).
The USCIS may issue a Request for Information (RFI) or Request for Evidence (RFE) if additional information or evidence is needed to process the application. In some cases, the agency may require applicants to appear for an interview. Despite the uncertainties surrounding the program due to the temporary hold, applicants are encouraged to continue with the application process and provide all required documentation to support their case.
As the legal dispute over the parole in place program continues, many undocumented spouses and their families are left in a state of uncertainty and anxiety. The future of the program remains unclear, but the Biden administration’s commitment to keeping families together and fighting for immigrant rights gives hope to those affected by the hold. In the meantime, applicants are advised to follow the application process diligently and provide all necessary documentation to support their eligibility for the program.
The challenges faced by undocumented spouses seeking to adjust their status in the U.S. highlight the need for comprehensive immigration reform that addresses the complexities of the current system. The Keeping Families Together program represents a step in the right direction towards providing relief to immigrant families and keeping them united. As the legal battle over the program unfolds, the fate of many families hangs in the balance, emphasizing the urgent need for a resolution that prioritizes family unity and immigrant rights.
Eligibility Requirements for the Program
To qualify for the Parole in Place program under the Keeping Families Together initiative, noncitizen spouses of U.S. citizens must meet specific eligibility criteria. This includes being present in the country without admission or parole for at least 10 years as of June 17, 2024, and having a legally valid marriage to a U.S. citizen before the same date. Additionally, applicants must have no disqualifying criminal history, as USCIS specifies that all felony offenses will be grounds for disqualification under the program.
Rex Chen, immigration director for Legal Services NYC, emphasizes the importance of meeting the established criteria for eligibility, noting that individuals with a criminal record may not qualify for the program. The stringent requirements aim to ensure that only eligible applicants are granted parole in place, allowing them to adjust their status and remain in the country with their families.
Furthermore, undocumented widows and widowers of U.S. citizens who have not remarried may also be eligible for the program, provided they meet the other eligibility requirements outlined by USCIS. The inclusion of widows and widowers in the program recognizes the unique challenges they face and the need for support in maintaining their legal status in the U.S.
Application Process and Documentation Requirements
The application process for the Parole in Place program involves submitting various documents to support the applicant’s eligibility and completing the required forms accurately. Applicants must file the Form I-131F electronically, with each petitioner submitting a separate form. The application fee is $580, and there are no fee waivers or expedited processing options available for the program.
Documentation required for the application includes proof of identity, documentation of the spouse’s U.S. citizenship, marriage certificate, evidence of continuous presence in the country, and a narrative statement explaining why the applicant deserves a favorable exercise of discretion. Applicants must also submit to biometric services, including fingerprints, photographs, and a signature at an Application Support Center (ASC).
Margaret Martin, co-director of the immigrant and refugee services division at Catholic Charities of the Archdiocese of New York, highlights the importance of providing a variety of documents as proof of continuous presence in the country. The more documents applicants can provide to support their case, the better their chances of a successful application.
USCIS guidelines state that applicants do not need to submit documentation for every day, week, or month within the required period of continuous presence. Instead, the agency will evaluate the totality of the evidence to determine whether the applicant has established the necessary physical presence in the country. Luis Mancheno, director of immigration policy for Legal Services NYC’s Manhattan office, emphasizes the importance of collecting relevant documents to support the application and increase the likelihood of approval.
Challenges and Uncertainties
The temporary hold on the Parole in Place program has created challenges and uncertainties for undocumented spouses and their families seeking to adjust their status in the U.S. While USCIS continues to accept applications and schedule biometric appointments, the legal dispute over the program’s implementation has left many applicants in a state of limbo.
The lack of clarity on when or how the case will be resolved has added to the anxiety and frustration experienced by applicants awaiting a decision on their eligibility for the program. The uncertainty surrounding the future of the program underscores the need for comprehensive immigration reform that addresses the complexities of the current system and provides relief to immigrant families facing separation.
As the legal battle over the Parole in Place program continues, it is essential for applicants to remain diligent in completing the application process and providing all required documentation to support their case. The Biden administration’s commitment to keeping families together and fighting for immigrant rights offers hope to those affected by the hold on the program, emphasizing the importance of family unity and immigrant rights in the U.S.
In conclusion, the challenges faced by undocumented spouses seeking to adjust their status in the U.S. highlight the need for comprehensive immigration reform that addresses the complexities of the current system. The Keeping Families Together program represents a step in the right direction towards providing relief to immigrant families and keeping them united. As the legal battle over the program unfolds, the fate of many families hangs in the balance, emphasizing the urgent need for a resolution that prioritizes family unity and immigrant rights.