By Felicia J. Persaud
News Americas, NEW YORK, NY, Tues. Sept. 3, 2024: Despite a recent ruling by a Donald Trump-appointed judge from the United States District Court for the Eastern District of Texas, which administratively halted the Department of Homeland Security, (DHS), 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. This form, which is for non-citizen spouses and stepchildren of U.S. citizens, meaning those who entered the country without inspection or overstayed their visas and having been living here since because they would have to leave to adjust their status but faced a 10-year ban on re-entering , allows these individuals to apply for parole in place. USCIS will also continue scheduling biometric appointments and collecting biometrics at its Application Support Centers, (ASCs), it said.
USCIS further clarified that the court’s stay does not impact any applications that were approved prior to the issuance of the administrative stay order at 6:46 p.m. Eastern Time on August 26, 2024.
The Keeping Families Together order, implemented by the DHS on August 19th through a Federal Register notice, provides a pathway for certain noncitizen spouses and stepchildren of U.S. citizens to request parole in place, allowing them to remain in the United States and potentially adjust their status without having to leave the country.
Eligibility Criteria for Form I-131F – non-citizen spouses or stepchildren of U.S. citizens may apply for parole in place if they meet the following conditions:
They are present in the U.S. without admission or parole.
They have been continuously physically present in the U.S. since June 17, 2014, if applying as a spouse, or since June 17, 2024, if applying as a stepchild.
They are in a legally valid marriage to a U.S. citizen as of June 17, 2024, or are a stepchild whose noncitizen parent had a valid marriage to a U.S. citizen on or before that date, before the stepchild’s 18th birthday.
They have no disqualifying criminal history.
They do not pose a threat to national security or public safety.
Required Documentation – applicants must submit various forms of evidence, including:
Identity documents such as a government-issued driver’s license or passport.
Proof of the U.S. citizenship of the spouse or stepparent.
Evidence of the marital or parental relationship to the U.S. citizen.
Documentation of continuous physical presence in the U.S. since the required date.
Information regarding any criminal charges, if applicable.
Path to Adjustment of Status
The parole in place process allows eligible noncitizen spouses and children of U.S. citizens to potentially adjust their status under existing laws without having to depart the U.S. to obtain an immigrant visa. However, this process does not alter the eligibility criteria for Legal Permanent Resident (LPR) status.
Applicants who are granted parole in place may then apply for adjustment of status by submitting Form I-485, along with any related forms, such as Form I-601, if necessary. These applications will be reviewed separately from the parole in place decision.
In cases where the U.S. citizen spouse has died, surviving spouses may still be eligible to adjust their status, provided they meet certain conditions. If a Form I-130 was filed before the spouse’s death, it will be automatically converted to a Form I-360. If not, the widow(er) may file a Form I-360 as a self-petitioner within two years of the spouse’s death.
For more information on how to file or more details, visit the official USCIS website at USCIS.gov. Do not fall prey to scammers. Get the facts.
