This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On August 19, 2024, the Department of Homeland Security (DHS) announced a Federal Register notice to implement Keeping Families Together, a parole-in-place process for certain noncitizen spouses and stepchildren of U.S. citizens. DHS estimated that up to 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens may meet the eligibility criteria. “If granted parole, these noncitizen spouses and noncitizen stepchildren of U.S. citizens, if otherwise eligible, could apply for lawful permanent residence without leaving the country,” DHS said. Texas filed a complaint almost immediately.
The process started on August 19, 2024. To apply, individuals must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online after creating a myUSCIS account. The filing fee is $580. Fee waiver requests for Form I-131F will not be accepted, DHS said.
On August 23, 2024, the state of Texas, along with more than a dozen states, filed a complaint in the U.S. District Court for the Eastern District of Texas, Tyler Division, against the program, calling it “unlawful” and arguing that it “incentivizes illegal immigration and will irreparably harm the Plaintiff States.”
U.S. Citizenship and Immigration Services (USCIS) recently released a filing guide for the new parole process, and frequently asked questions.
