News Notes
The Department of Homeland Security recently announced a Federal Register notice to implement Keeping Families Together, a process for certain noncitizen spouses and stepchildren of U.S. citizens. This is part of an effort to promote the unity and stability of families, increase the economic prosperity of American communities, strengthen diplomatic relationships with partner countries in the region, reduce strain on limited U.S. government resources, and further national security, public safety, and border security objectives.
“Too often, noncitizen spouses of U.S. citizens – many of them mothers and fathers – live with uncertainty due to undue barriers in our immigration system.” said Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services. “This process to keep U.S. families together will remove these undue barriers for those who would otherwise qualify to live and work lawfully in the U.S., while also creating greater efficiencies in the immigration system, conducting effective screening and vetting, and focusing on noncitizens who contribute to and have longstanding connections within American communities across the country.”
USCIS will immediately begin accepting requests from eligible individuals for this process on Aug. 19, 2024. 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.
In order to be eligible for consideration, noncitizen spouses of U.S. citizens 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.
Noncitizen stepchildren of U.S. citizens 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 their 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.
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.
DHS estimates that 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens may meet these 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.
USCIS has published additional information on eligibility criteria, the application process, examples of the types of evidence noncitizens must submit to establish eligibility; how to create an online account and file Form I-131F online; and how to avoid scams in this process. You can find more information on the Keeping Families Together page.
For more information on USCIS and its programs, visit uscis.gov.
