Keeping Families Together
ALERT: On November 7, 2024, the United States District Court for the Eastern District of Texas in State of Texas v. Department of Homeland Security, Case Number 24-cv-306 (E.D.T.X. Nov. 7, 2024) issued a final judgment vacating the Keeping Families Together (KFT) parole process, published at 89 Fed. Reg. 67,459 (Aug. 20, 2024).
Effective immediately, USCIS is taking the following steps to comply with the Court’s Order:
- Pending Form I-131F applications will not be adjudicated and intake of new Form I-131F applications will cease.
- Anyone with a future Application Support Center appointment in support of a filed Form I-131F should consider that appointment cancelled immediately. Anyone who appears for such an appointment will be turned away.
- External engagements on the KFT parole process are cancelled.
In the coming days, USCIS will publish additional information on how it will handle pending cases and paid application fees.
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the immigration system. 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 under existing statutory authority.
Parole is an exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) 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. The INA defines an “applicant for admission,” in relevant part, as a noncitizen “present in the United States who has not been admitted.” Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process because they remain “applicants for admission.” Parole in place is available only for noncitizens who are present in the United States.
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. DHS estimates that 500,000 noncitizen spouses of U.S. citizens could be eligible to access Keeping Families Together; on average, these noncitizens have resided in the United States for 23 years. In addition, approximately 50,000 noncitizen stepchildren of U.S. citizens are estimated to be eligible to seek parole under Keeping Families Together.
USCIS is committed to program integrity and protection against fraud. Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage. In its consideration of the Form I-131F, USCIS will employ rigorous procedures to detect potential fraud concerns, ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process.
For more information on this process, see the Frequently Asked Questions About Keeping Families Together page and the Federal Register notice.
To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet these eligibility criteria:
If you are the noncitizen spouse of a U.S. citizen, you must:
- Be present in the United States without admission or parole;
- Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
- Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
- Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
- Submit biometrics and undergo required background checks and national security and public safety vetting.
If you are the noncitizen stepchild of a U.S. citizen, you must:
- Have been under the age of 21 and unmarried on June 17, 2024;
- Be present in the United States without admission or parole;
- Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
- Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
- Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
- Submit biometrics and undergo required background checks and national security and public safety vetting.
The burden is on the requestor to demonstrate by a preponderance of the evidence that they meet the eligibility criteria, and that parole is warranted as a matter of discretion for urgent humanitarian reasons or significant public benefit. A grant of parole in place under Keeping Families Together does not establish eligibility for other immigration benefits, including lawful permanent resident status.
For information on criminal history, national security, and public safety guidelines, please see the Frequently Asked Questions About Keeping Families Together page.
Starting Aug. 19, 2024, to request parole in place under Keeping Families Together, you (the noncitizen spouse or stepchild) 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. There is no fee waiver available for Form I-131F.
To submit Form I-131F, you must complete the required fields on the form and submit the required evidence, in compliance with the form instructions.
You must file a separate Form I-131F for each individual, including children, requesting parole in place, and each requestor must have their own USCIS online account. A parent or legal guardian may create an online account for a child under the age of 14 and complete Form I-131F on behalf of the child. If a parent or legal guardian completes Form I-131F on behalf of a child under 14, the parent or legal guardian’s name and information must be included in the “preparer” section of the form. Information on creating a USCIS online account is available on the How to Create a USCIS Online Account page.
The chart below provides examples of documentation to submit to demonstrate you meet the eligibility criteria for parole in place under Keeping Families Together. Additional examples are available in the Federal Register notice.
For information on creating a USCIS online account, visit our How to Create a USCIS Online Account page and our Tips for Filing Forms Online page.
After you file Form I-131F, you will be required to provide biometrics, including fingerprints, photographs, and a signature. Your biometric information will be used to check for criminal history records, verify identity, determine eligibility, create immigration documents (for example, an Employment Authorization Document), or for any other purpose authorized under the law.
If you meet the eligibility criteria for Keeping Families Together, you may be considered for a discretionary grant of parole on a case-by-case basis. We will determine whether a grant of parole in place is warranted based on significant public benefit or urgent humanitarian reasons in your case and whether you merit a favorable exercise of discretion. In our case-by-case determination of your request, we will consider criminal history; the existence of removal proceedings and unexecuted final removal orders; the results of background checks, which include national security and public safety vetting; positive and adverse factors you present; and any other relevant information available to or requested by USCIS.
If you have any disqualifying criminal history, or otherwise constitute a threat to national security, public safety, or border security, as defined in the 2021 Guidelines for the Enforcement of Civil Immigration Law, USCIS, in our discretion, will deny your request for parole in place. Any pending criminal charge, regardless of the nature of the charge, will render you ineligible for parole in place under Keeping Families Together while the charge remains pending. Certain criminal convictions will also render you ineligible for parole in place under this process. All other convictions, other than minor traffic offenses, that are not disqualifying, will result in a rebuttable presumption of ineligibility for this process.
For more information on criminal history, national security, and public safety guidelines, please see the Frequently Asked Questions About Keeping Families Together page.
If Your Request for Parole in Place is Granted
If you are granted parole in place on a case-by-case basis in the exercise of discretion under Keeping Families Together, your parole will generally be granted for a period of up to 3 years. Parole may be terminated at any time upon notice at DHS’s discretion under 8 CFR 212.5(e)(2)(i).
If granted parole, you will also be eligible to request an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization.
If Your Request for Parole in Place is Denied
If we deny your request for parole in place under Keeping Families Together, we generally will not issue a Notice to Appear (NTA) or refer your case to U.S. Immigration and Customs Enforcement (ICE) for possible enforcement action solely based on our denial unless DHS determines, in its discretion, that you pose a threat to national security, public safety, or border security.
This process does not preclude DHS from in its discretionary authority, taking enforcement actions in accordance with the INA and consistent with governing policies and practices, against noncitizens who may be eligible or who have pending requests for parole under this process.
Applying for Employment Authorization
After you are granted parole in place under Keeping Families Together, you may apply for employment authorization from USCIS. To apply for an Employment Authorization Document (EAD) as a parolee, you must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with either the required fee or a fee waiver request.
To file Form I-765 online, eligible applicants must access their USCIS online account at my.uscis.gov.
You can find the filing fee for Form I-765 by visiting our Fee Schedule page.
If you are requesting a fee waiver, you can do so using one of two options. You may mail in a paper version of Form I-912, Request for Fee Waiver, or a written request for a fee waiver with supporting evidence of your financial inability to pay the fee with Form I-765. For applicants using the (c)(11) category code on Form I-765, you are also able to file using the online PDF filing option in a USCIS online account, and you may upload your completed Form I-912 with your completed Form I-765 using your USCIS online account.
Please visit our Request for Fee Waiver webpage for additional information, guidance and tips on fee waiver requests.
Obtaining a Social Security Number and Card
If you do not already have a Social Security number (SSN), we encourage you to apply for one using Form I-765 and following the form instructions. If you request an SSN in Part 2 (Items 13.a-17.b) of your Form I-765, and we approve your Form I-765, we will send that information to the Social Security Administration, and they will assign you an SSN and issue you a Social Security card. They will mail your Social Security card directly to the address you provide on Form I-765. SSNs generally are assigned to people who are authorized to work in the United States. SSNs are used to report your wages to the U.S. government and to determine your eligibility for Social Security benefits.
If you do not request an SSN on your Form I-765, you can apply for an SSN after you receive your EAD using the instructions on SSA’s Social Security Number and Card webpage.
Address Updates
If you are residing in the United States longer than 30 days, you must report your physical address in the United States. If your address changes, you must notify us within 10 days of the change. The best way to do this is through your USCIS online account. Additional information on changing your address is available on the How to Change Your Address page.
Terminating Your Parole
If you have been granted parole in place through Keeping Families Together, your parole will automatically be terminated if:
- You depart the United States (see “Leaving the United States” section below for more info); or
- Your parole period expires.
DHS may also decide to terminate your parole upon written notice at any time, at its discretion. For example, service of a charging document, such as an NTA, constitutes written notice of termination of your parole unless otherwise specified.
Leaving the United States
A grant of parole in place through Keeping Families Together does not authorize parole back into the United States if you decide to depart. If you depart the United States after being granted parole in place, your period of parole will automatically terminate. If you depart the United States without first obtaining an Advance Parole Document, you run a significant risk of not being able to return to the United States and you may also be ineligible for future immigration benefits.
CAUTION: Travel outside of the United States, even with advance parole, may have severe immigration-related consequences, including with respect to potential inadmissibility or execution of an outstanding order of removal. Parole into the United States is not guaranteed even if you have been granted advance parole prior to leaving the country. You are still subject to immigration inspection at a U.S. port of entry to determine whether you may be paroled into the United States and whether you are eligible for the immigration status you seek. For further information, see our Travel Documents page. Consultation with a qualified attorney or accredited representative is strongly advised prior to any travel outside of the United States.
Subsequent Filing of Form I-130 or Form I-360 Petition
A grant of parole in place does not establish eligibility for future immigration benefits, including an immigrant petition or lawful permanent resident status. To establish eligibility for lawful permanent resident status, the petitioning U.S. citizen spouse or parent of a parolee must file Form I-130, Petition for Alien Relative, or in the case of certain widow(er)s and their children, parolees must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
USCIS will determine eligibility for those petitions in a separate adjudication. For purposes of Form I-130 based on marriage, you must demonstrate that you entered into a bona fide marriage with the beneficiary, and for a Form I-130 for a stepchild, you must demonstrate a bona fide stepparent-stepchild relationship.
There are additional requirements for Form I-360 for certain widow(er)s and their children, including filing deadlines, residence requirements, and marital status requirements. A stepchild may remain eligible for an immigrant petition despite their parent’s marriage to a U.S. citizen being terminated through death of either parent or divorce, so long as a bona fide stepparent-stepchild relationship continues to exist following the death or divorce.
Subsequent Filing of Form I-485
A grant of parole in place does not by itself establish eligibility for adjustment of status to lawful permanent resident under INA section 245(a). A grant of parole in place satisfies the requirement under INA section 245(a) that the applicant has been inspected and paroled by an immigration officer.
However, it does not satisfy any other requirements for adjustment of status, including the requirement to have an approved immigrant petition with a visa immediately available and establishing that the noncitizen is not inadmissible under any applicable ground in INA section 212(a), 8 U.S.C. 1182(a).
If granted parole in place, the noncitizen would need a qualifying family member to file Form I-130 on their behalf, or file Form I-360 on their own behalf (if not previously filed; see above). The noncitizen would also need to file Form I-485, Application to Register Permanent Residence or Adjust Status, and possibly Form I-601, Application for Waiver of Grounds of Inadmissibility, if needed.
The best way to contact us depends on the type of inquiry.
Case Status Inquiries: You can check the status of your Form I-131F in your USCIS online account or in Case Status Online. Please note that the USCIS Contact Center can only provide the same information about the status of your case that is available in your USCIS online account.
Corrections: You can generally correct a submitted Form I-131F in your USCIS online account or by sending a secure message from your USCIS online account.
Technical Help: If you are experiencing technical difficulties submitting Form I-131F, you can report your technical issue using Live Chat. Click on “Need Help? Chat with Emma” on the lower right side of your screen and select “Connect to Live Agent”. Live Chat is available Monday to Friday, 8:00 a.m. to 8:00 p.m. Eastern.
- We do not want you to become the victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney admitted to practice law in the United States or accredited representative working for a Department of Justice recognized organization can give you legal advice on immigration matters. Visit the Avoid Scams page for information and resources.
Some common scams to be aware of include:
- Government impersonators: Look out for individuals who pose as USCIS officials. We will only contact you through official government channels and will not contact you through your personal social media accounts (such as Facebook, X, LinkedIn, etc.).
- Scam Websites: Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov, dhs.gov, or is affiliated with uscis.gov. Make sure the website address ends with .gov.
- Payments by Phone or Email: We will never ask you to transfer money to an individual. We do not accept Western Union, MoneyGram, PayPal, or gift cards as payment for immigration fees. In addition, we will never ask you to pay fees to a person on the phone or by email.
- Notarios Públicos and unauthorized practitioners of immigration law: In the United States, a notario público is not authorized to provide you with any legal services related to immigration benefits. Only an attorney admitted to practice law in the United States or an accredited representative working for a Department of Justice-recognized organization can give you legal advice on immigration matters. For more information about finding legal services, visit our website.
Please visit our Frequently Asked Questions About Keeping Families Together page.