The U.S. Citizenship and Immigration Services (USCIS) has long emphasized the importance of family unity within its immigration policies. The "Keeping Families Together" initiative is a testament to this commitment, offering a streamlined process for noncitizen spouses and stepchildren of U.S. citizens to secure their immigration status. This program not only facilitates family reunification but also ensures that immigrant families can build their lives together in the United States. In this article, we delve into the details of the program, covering eligibility requirements, the application process, potential benefits, and common challenges faced by applicants.

1. Understanding the 'Keeping Families Together' Program

The "Keeping Families Together" program is part of USCIS's broader mission to support family unity, which has been a cornerstone of U.S. immigration policy for decades. This initiative specifically targets noncitizen spouses and stepchildren of U.S. citizens, providing them with a clear and structured pathway to legal residency. The program underscores the government's recognition of the family unit's role in fostering social stability and integration within the United States.

This initiative also reflects the Biden administration's focus on humane immigration practices, aiming to reduce the separation of families due to immigration enforcement and legal complexities. By offering a more accessible process for family members of U.S. citizens, USCIS is helping to mitigate the emotional and economic hardships that often accompany prolonged family separations.

Eligibility Criteria: Who Can Apply?

Eligibility is a crucial aspect of the "Keeping Families Together" program. To qualify, applicants must be either:

-Spouses of U.S. Citizens: The marriage must be legally recognized and valid under U.S. law. Additionally, the marriage should not be entered into for the sole purpose of obtaining immigration benefits, as fraudulent marriages are subject to severe penalties, including denial of immigration benefits and possible deportation.

-Stepchildren of U.S. Citizens: Stepchildren are eligible if the marriage between their biological parent and the U.S. citizen occurred before the child's 18th birthday. This ensures that the relationship is recognized under U.S. immigration law.

Applicants must also demonstrate that they meet all other criteria set forth by USCIS, including background checks and adherence to the rules regarding inadmissibility.

The Application Process: A Step-by-Step Guide

The application process for the "Keeping Families Together" program has been updated as of August 19, 2024. Here is how the process works:

A. Submitting Form I-131F for Parole in Place

Starting August 19, 2024, noncitizen spouses and stepchildren of U.S. citizens must submit Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, to request parole in place under the "Keeping Families Together" program. This form must be submitted online along with the applicable filing fee. It's important to note that there is no fee waiver available for Form I-131F.

To complete the process:

• Fill out all the required fields on Form I-131F, ensuring that you follow the form instructions carefully.
• Submit the required evidence that demonstrates your eligibility for parole in place, in compliance with USCIS guidelines.

Each individual, including children, must have a separate Form I-131F filed on their behalf. Additionally, each requestor needs their own USCIS online account to submit the form. For children under the age of 14, a parent or legal guardian can create an online account and complete the form on the child's behalf. The preparer’s details (parent or legal guardian) must be included in the “preparer” section of the form. For guidance on creating an account, visit the How to Create a USCIS Online Account page.

B. Required Documentation

To support your Form I-131F application, you must submit documentation that proves your eligibility for parole in place. While USCIS provides a detailed list in the Federal Register notice, the following are common examples:

• Proof of the U.S. citizen’s status: Such as a passport or birth certificate.
• Marriage certificate: For spouses, showing the marriage was legally recognized.
• Birth certificates: For stepchildren, to prove the parent-child relationship and the marriage before the child’s 18th birthday.

Key Benefits of the Program

The "Keeping Families Together" program offers several significant benefits for successful applicants:

A. Parole in Place

Approval of the I-131F form grants parole in place, which allows the noncitizen spouse or stepchild to remain in the U.S. lawfully. This status is particularly beneficial as it avoids the need for the individual to leave the U.S. and re-enter, which could potentially trigger bars to reentry or other legal issues.

B. Pathway to Permanent Residency

While parole in place itself does not grant permanent residency, it can serve as a stepping stone towards it. Once granted parole in place, individuals may become eligible to adjust their status to a lawful permanent resident without having to leave the U.S., provided they meet other necessary criteria.

C. Access to Social Benefits

Once a green card is obtained, beneficiaries gain access to a range of social benefits, including healthcare, education, and social security, which can significantly enhance the quality of life and support successful integration into U.S. society.

5. Common Challenges and Solutions

While the "Keeping Families Together" program is designed to be straightforward, applicants may encounter challenges:

A. Documentation Issues Missing or incorrect documentation is one of the most common issues. To avoid this, carefully review the list of required documents and ensure that everything is complete before submission. USCIS provides detailed instructions and checklists that can help prevent these errors.

B. Delays in Processing Processing times can vary depending on several factors, including the volume of applications and the complexity of the case. Applicants can check current processing times on the USCIS website and should plan accordingly.

C. Risk of Denial Applications may be denied if USCIS suspects fraud or if the applicant fails to meet the eligibility criteria. In such cases, seeking legal advice from an immigration attorney can be invaluable. An attorney can help ensure that the application is robust and that any issues are addressed proactively.

6. Recent Updates and Future Prospects

The "Keeping Families Together" program is part of a broader trend in U.S. immigration policy toward prioritizing family unity. The introduction of Form I-131F in August 2024 represents a significant update, making the process more streamlined and accessible for families. As U.S. immigration policies continue to evolve, it is crucial for applicants and their families to stay informed about any changes that could impact their status or application process.

Looking ahead, potential changes in immigration laws could further impact the program. It's essential for applicants and their families to stay informed about any legislative changes that may affect their eligibility or the application process. Regularly checking the USCIS website or subscribing to immigration newsletters can help families stay updated on the latest developments.

Frequently Asked Questions about the 'Keeping Families Together' Program

1. What is the 'Keeping Families Together' program?
The 'Keeping Families Together' program allows certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place. This enables them to pursue lawful permanent resident status without leaving the United States. Parole in place is granted under the discretion of the Department of Homeland Security (DHS) for urgent humanitarian reasons or significant public benefit, allowing individuals to remain in the U.S. temporarily and apply for work authorization during the parole period.

2. Which form should I file to apply for the 'Keeping Families Together' program?
Starting August 19, 2024, applicants must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This form must be submitted online; paper applications will be rejected. Detailed instructions for filing can be found in the Filing Guide for Form I-131F.

3. What is the filing fee for Form I-131F, and can it be waived?
The filing fee for Form I-131F is $580. Unfortunately, no fee waivers or exemptions are available for this process.

4. Can I expedite my Form I-131F or guarantee approval if I pay an extra fee?
No. While attorneys or accredited representatives may charge for their services, anyone claiming to expedite processing or guarantee approval for an additional fee may be attempting to scam you.

5. How long does the parole period last if my 'Keeping Families Together' request is approved?
If granted, the parole period typically lasts three years from the approval date. However, it will terminate if you leave the U.S. or if DHS decides that parole is no longer warranted. During this time, you may apply for other immigration statuses, such as adjustment of status to lawful permanent resident, if eligible.

6. What are the eligibility criteria for the 'Keeping Families Together' program?
Eligibility varies depending on whether you are a spouse or stepchild of a U.S. citizen:

• For Noncitizen Spouses: You must be present in the U.S. without admission or parole, have been continuously present since June 17, 2014, and meet other specific criteria, including having a legally valid marriage to a U.S. citizen by June 17, 2024.
• For Noncitizen Stepchildren: You must have been under 21 and unmarried on June 17, 2024, and your noncitizen parent must have entered a legally valid marriage with a U.S. citizen by that date. Additional criteria, such as continuous physical presence and no disqualifying criminal history, also apply.

7. Is approval guaranteed if I meet all the eligibility criteria?
No. Each request is considered on a case-by-case basis. DHS evaluates whether granting parole is justified based on the totality of circumstances, including urgent humanitarian reasons or significant public benefit.

8. Can I apply for the 'Keeping Families Together' program if I entered the U.S. with a visa but overstayed?
No. The program is only available to noncitizens present in the U.S. without admission or parole. However, those who overstayed a visa may still explore other immigration options, such as adjustment of status, if eligible. Visit the Adjustment of Status page for more information.

9. Can I apply for this program if I’ve already left the United States?
No. The program is only available to those currently in the U.S. without admission or parole. If you’ve already departed, you may need to consider consular processing for your immigration needs.

10. Am I eligible if I have DACA or TPS?
If you currently have Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) and are in the U.S. without admission or parole, you may request parole in place. However, if you previously re-entered the U.S. with a travel authorization or Advance Parole, you are not eligible. Additionally, if you have valid parole when renewing DACA, your renewal request may be denied as a matter of discretion.

11. Can I request re-parole or renew my employment authorization after my parole period ends?
DHS does not plan to offer a re-parole process. If your parole period expires before you adjust status or obtain another immigration status, you may begin accruing unlawful presence, and any employment authorization tied to your parole will also expire. If you apply for adjustment of status, you can request employment authorization under a different category (c)(9), which may offer a longer validity period.

Conclusion

The "Keeping Families Together" initiative is a lifeline for many immigrant families, providing a clear path to legal residency and, ultimately, citizenship. By understanding the eligibility requirements, following the application process meticulously, and seeking professional assistance when necessary, families can navigate the complexities of U.S. immigration law and achieve their goal of staying together in the United States.

Whether you are just beginning the process or are in the midst of it, remember that resources and support are available. USCIS offers various tools and services to help applicants, and immigration attorneys can provide personalized guidance to ensure a successful outcome.

David Cantor is a leading U.S. immigration lawyer. Additional questions or concerns? Reach out today for an immigration consultation