ECNETNews, NEW YORK, NY, Tues. Sept. 3, 2024: In a significant development, the U.S. Citizenship and Immigration Services (USCIS) has announced it will continue accepting applications for parole in place despite a recent ruling from a U.S. District Court judge in Texas, which temporarily halted the Department of Homeland Security (DHS) from granting relief under the Biden administration’s “Keeping Families Together” initiative.
USCIS confirmed last week that while it will not approve any pending requests for parole in place under the Keeping Families Together order, it remains committed to accepting Form I-131F applications. This form is designated for non-citizen spouses and stepchildren of U.S. citizens who may have entered the country without inspection or overstayed their visas. These applicants can seek parole in place, allowing them to remain in the U.S. and adjust their status without leaving the country, despite facing a 10-year ban on re-entry. USCIS will also continue to schedule biometric appointments and collect biometrics at Application Support Centers (ASCs).
The agency clarified that the court’s ruling does not disrupt any applications that were approved before the administrative stay order was issued on August 26, 2024.
The “Keeping Families Together” initiative, launched by the DHS on August 19 through an official Federal Register notice, offers a pathway for eligible non-citizen spouses and stepchildren of U.S. citizens to request parole in place, enabling them to stay in the United States while possibly adjusting their status.
Eligibility Criteria for Form I-131F:
- Applicants must be present in the U.S. without admission or parole.
- Must have maintained continuous physical presence in the U.S. since June 17, 2014 (if applying as a spouse) or since June 17, 2024 (if applying as a stepchild).
- Eligible if they are in a legally valid marriage to a U.S. citizen as of June 17, 2024, or are a stepchild of a U.S. citizen with a valid marriage prior to that date, before their 18th birthday.
- No disqualifying criminal history.
- Must not pose a threat to national security or public safety.
Required Documentation:
- Identity documents like a government-issued driver’s license or passport.
- Proof of U.S. citizenship of the spouse or stepparent.
- Evidence of the marital or parental relationship to the U.S. citizen.
- Documentation proving 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 non-citizen spouses and children of U.S. citizens to potentially adjust their status within existing legal frameworks without having to leave the U.S. for an immigrant visa. However, this process does not change the eligibility requirements for obtaining Legal Permanent Resident (LPR) status.
Those granted parole in place may proceed to adjust their status by submitting Form I-485 and any necessary forms, such as Form I-601. These will be evaluated independently from the parole in place request.
For surviving spouses of deceased U.S. citizens, there are still options for adjusting status if specific requirements are met. If a Form I-130 was filed before the spouse’s death, it will convert automatically to a Form I-360. In cases where no prior petition exists, the widow(er) can file a Form I-360 as a self-petitioner within two years after the spouse’s passing.
For further details on filing procedures, it is recommended to consult official USCIS resources to avoid misinformation and scams.
