Keeping Families Together Initiative Implemented

In a previous news update from June we alerted you of the Department of Homeland Security’s proposed new actions aimed at promoting family unity, in line with the Biden Administrations commitment to keeping families together. On August 19th, it was reported that DHS implemented this process, which allowed certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to request parole. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible to access these benefits plus an additional 50,000 noncitizen stepchildren of U.S. citizens could be eligible to seek parole under the Keeping Families Together initiative.

Under section 212(d)(5)(A) of the Immigration and Nationality Act (INA), DHS reserves the right to allow certain noncitizen “applicants for admission” to be in the U.S. temporarily for urgent humanitarian reasons or for significant public benefit.

Eligibility and Process

In order to qualify applicants must:

• Be present in the U.S. without admission or parole.
• Have been continuously present in the U.S. for at least 10 years as of June 17, 2024.
• Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
• Have no disqualifying criminal history and not pose a threat to national security or public safety.

In order to apply for Keeping Families Together, requestors should file online  Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. Any paper applicants sent by mail will be rejected. The fee to apply under Form I-131F is $580 (no fee waivers or fee exemptions are available). If your request to apply under the Keeping Families Together Initiative is granted, your parole period will be valid as of the date of approval and valid for 3 years from that date. If you depart the U.S. your parole will terminate.

Looking Ahead

DHS has also made mention of collaborating with the Department of State to streamline certain employment-based nonimmigrant visas to assist eligible individuals including DACA recipients and undocumented noncitizens who have graduated from accredited U.S. institutions.