The Keeping Families Together Act is an immigration policy that helps preserve family unity for certain noncitizen spouses and stepchildren of U.S. citizens. Enacted in August 2024, this policy introduces a pathway for undocumented individuals to remain in the United States with their families without the need to travel abroad for consular processing.
Through the Parole in Place (PIP) process, eligible applicants can apply for lawful permanent residency (green cards) while avoiding the often disruptive and anxiety-inducing requirement of leaving the U.S. for immigration proceedings.
At Ahmad & Associates, we help guide families through this important process. With over 30 years of combined experience in immigration law, our attorneys provide personalized, effective legal support to ensure that eligible families can take full advantage of this policy. We are committed to helping you keep your family together.
Understanding Parole in Place (PIP)
Parole in Place (PIP) is a legal mechanism that allows certain individuals who are present in the United States without legal entry to remain in the country temporarily. These individuals have the option to adjust their status to lawful permanent residency.
PIP has long been available to noncitizen family members of military personnel, but the Keeping Families Together Act extends this benefit to noncitizen spouses and stepchildren of U.S. citizens.
The difference between PIP and other immigration processes lies in its purpose and execution. Unlike traditional immigration routes, PIP does not require an individual to leave the U.S. to process their status. This spares families the hardship of separation during the lengthy application process.
The Keeping Families Together program enables eligible individuals to apply for a green card from within the U.S., reducing the risk of being barred from re-entry due to prior unlawful presence.
PIP provides significant relief to noncitizens who are otherwise ineligible to adjust their status because they entered the U.S. without inspection or parole.
By granting temporary legal status, PIP opens the door to work authorization, protection from removal, and, most importantly, the ability to apply for permanent residency.
Eligibility Criteria for the Keeping Families Together Act
- Marital Status and Key Dates: To apply for PIP, the noncitizen applicant must be married to a U.S. citizen, or be a stepchild of a U.S. citizen, by June 17, 2024. Marriages after this date are not considered under the Act. For stepchildren, the marriage between the noncitizen parent and the U.S. citizen stepparent must have occurred before the stepchild turned 18.
- Continuous Physical Presence: Noncitizens need to be physically present in the U.S. (continuously) since at least June 17, 2014, to qualify. This means that any prolonged departures from the U.S. during this period could disqualify the applicant. Brief, casual, and innocent absences, however, may be allowed under specific circumstances.
- Criminal History and Security: The policy sets strict standards regarding criminal history. Individuals with felony convictions or those considered a threat to public safety, national security, or border security are ineligible for PIP. Applicants must pass rigorous background checks, which include fingerprinting and security screening.
Required Documentation for Application
- Identity Documents: Noncitizen applicants need to provide government-issued identification, such as a passport or national ID card. U.S. citizen spouses or stepparents must present proof of citizenship (e.g., U.S. passport, birth certificate, or certificate of naturalization).
- Proof of Marriage and Physical Presence: A valid marriage certificate is required for spouses. For stepchildren, proof of the relationship must include the marriage certificate of the noncitizen parent and U.S. citizen stepparent, along with the stepchild’s birth certificate. Documents that demonstrate continuous physical presence, such as tax returns, utility bills, or school records, must be submitted to establish residency since June 17, 2014.
- Additional Supporting Documents: Depending on the applicant’s circumstances, additional documents such as divorce decrees, death certificates, or affidavits from community members may be required.
How to Apply for the Keeping Families Together Parole in Place
- Create a USCIS Online Account: Applicants must create a free online account with USCIS to file their application. This account will also be used to track the application’s status, receive communications from USCIS, and upload required documents.
- Complete and Submit Form I-131F: The main form used for PIP is Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This form must be completed online, and each individual (including minors) must file separately.
- Upload Required Documents and Pay Fees: After completing the form, applicants must upload their supporting documents and pay the $580 government filing fee.
Filing Fees and Financial Considerations
Payment is made online via the USCIS portal using various methods, including credit cards and bank transfers. Importantly, there are no fee waivers for Form I-131F, and refunds are not provided for denied applications.
Processing and Timeline for Parole in Place Applications
While each case varies, applicants can typically expect a waiting period for their PIP application to be processed. After submitting the application, the next step involves attending a biometrics appointment, where fingerprints and photographs are collected. USCIS will then conduct background checks and make a decision based on the totality of the application.
During the waiting period, applicants can check the status of their application online and should avoid any international travel unless they have been granted advance parole.
What Happens After Approval?
Once USCIS approves the Parole in Place request, the applicant will receive Form I-797, Approval Notice, and an I-94 record indicating their legal status in the U.S. Approval of PIP grants the applicant a temporary legal status, typically for three years, during which time they may apply for an adjustment of status to obtain a green card.
Additionally, applicants may apply for an Employment Authorization Document (EAD) to work legally in the U.S.
Common Challenges and How to Overcome Them
- Incomplete or inaccurate documentation: Failing to provide all required forms, documents, or evidence can delay or result in the denial of your application.
- Criminal history: Certain criminal convictions, including felonies or violent crimes, can disqualify you from receiving parole. Even minor offenses may raise concerns that require additional documentation to address.
- Removal orders: Applicants with existing removal orders or deportation records must overcome additional hurdles to secure parole.
- Ineligibility due to immigration status: Some individuals may not meet the strict eligibility criteria, such as those who were not married to a U.S. citizen by the required date or those lacking sufficient continuous physical presence.
Steps to Take if an Application is Denied
- Reapply: Applicants can submit a new request with additional or corrected documentation that addresses the reasons for denial. It's important to identify any issues with the initial application and resolve them before reapplying.
- Seek legal counsel: Working with a trusted immigration attorney can increase your chances of success. At Ahmad & Associates, we evaluate the details of your case and provide strategic solutions to strengthen your application.
How to Address Criminal History or Removal Orders
If you have a criminal record, we help you:
- Gather documentation: We obtain certified court dispositions and evidence of rehabilitation to demonstrate mitigating factors.
- Present positive factors: We emphasize community ties, family responsibilities, and other positive aspects that can outweigh negative elements in your case.
If you have a removal order, we can assist with requesting re-opening or termination of your removal proceedings, particularly if the case was administratively closed.
Legal Assistance and Support Resources
Finding Qualified Immigration Attorneys
Choosing the right attorney can make all the difference in your case. When selecting an immigration attorney:
- Look for experience: Our attorneys at Ahmad & Associates have decades of experience in handling immigration cases, particularly in family-based petitions, criminal defense, and removal proceedings.
- Check for credentials: Ensure your attorney is licensed and in good standing with their state bar association.
- Seek client-focused service: We offer personalized attention, flat fees, and transparent communication, ensuring you stay informed every step of the way.
Community Resources and Support Networks
- Community organizations: Nonprofit immigration groups offer assistance, workshops, and interpreters for those needing help completing forms or understanding the process.
- Support networks: Local and online support groups can provide emotional and practical support to families going through immigration challenges.
- Interpreter services: If language is a barrier, many community organizations can arrange interpreters to help with communication during legal consultations or USCIS interviews.
Impacts of the Keeping Families Together Act on Families
Psychological and Social Impacts
The emotional and psychological toll of family separation can be devastating. The Keeping Families Together Act provides relief for families, allowing them to remain united during the immigration process. By avoiding separation, families can maintain their social bonds, support systems, and overall well-being, which is critical for both adults and children.
Long-Term Benefits for Family Unity
The long-term benefits of this Act extend beyond the immediate relief it provides. Families who remain together are more likely to thrive economically and socially, contributing positively to their communities. Moreover, securing lawful permanent residency offers a path to citizenship, which can stabilize families for generations to come.
Frequently Asked Questions About the Act
General Questions
Q: What is Keeping Families Together?
A: The Keeping Families Together Act is a process that allows certain noncitizen spouses and stepchildren of U.S. citizens to apply for Parole in Place (PIP). This enables them to apply for lawful permanent resident status without being separated from their families or having to leave the United States for consular processing. Parole is granted on a case-by-case basis for humanitarian reasons or a significant public benefit. This arrangement allows those present without admission or parole to remain in the U.S. temporarily and apply for work authorization.
Q: Which form should I file to apply for Keeping Families Together, and can I file online?
A: You must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This form can only be filed online. Paper applications sent by mail will be rejected.
Q: What is the fee for Form I-131F, and are fee waivers available?
A: The filing fee for Form I-131F is $580. No fee waivers or exemptions are available at this time.
Q: How long is the parole period if my request under Keeping Families Together is granted?
A: Parole is generally granted for a period of three years from the date USCIS approves the application. Parole can be terminated if the applicant departs the U.S. or if DHS determines that parole is not necessary, such as in cases of criminal conduct.
Eligibility Criteria
Q: Who is eligible for Keeping Families Together?
A: Eligibility for the Keeping Families Together process depends on whether you are a stepchild or noncitizen spouse of a U.S. citizen:
- Noncitizen spouses must have been continuously present in the U.S. since at least June 17, 2014, and married to a U.S. citizen on or before June 17, 2024.
- Noncitizen stepchildren must have been under 21 and unmarried as of June 17, 2024, and must be the stepchild of a U.S. citizen who married their noncitizen parent before the child’s 18th birthday.
Q: Can I apply if I entered the U.S. on a visa or was admitted in another status but overstayed?
A: No, the parole in place process is only available for noncitizens who entered the U.S. without admission or parole. Those who overstayed a visa or entered legally cannot apply for PIP under Keeping Families Together.
Employment Authorization
Q: Can I request employment authorization if my Keeping Families Together application is approved?
A: Yes. Once parole is granted, you may apply for an Employment Authorization Document (EAD) by filing Form I-765 under eligibility category (c)(11).
Q: What happens if my Employment Authorization Document (EAD) is lost, stolen, or damaged?
A: If your EAD is lost, stolen, or damaged, you can apply for a replacement by filing Form I-765. Do not submit Form I-131F to replace an EAD.
Marriage and Stepchildren
Q: Does USCIS recognize common law marriages for Keeping Families Together?
A: Yes, USCIS recognizes common law marriages if they are legally valid in the jurisdiction where they were established and meet the requirements of that jurisdiction. The common law marriage must have been established on or before June 17, 2024.
Q: What happens if my U.S. citizen spouse dies before I apply for adjustment of status?
A: If your spouse dies before you apply for adjustment of status, you may still qualify as a widow(er) for Keeping Families Together. You may be eligible to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, if you meet the necessary requirements.
Q: What if my U.S. citizen stepparent and noncitizen parent divorce before I can apply for adjustment of status?
A: If your stepparent and parent divorce, you may still be eligible for immigration benefits if you can demonstrate an ongoing bona fide parent-child relationship with your stepparent, including emotional and financial support.
Filing and Application Process
Q: Can I submit my request for parole in place if I have a pending I-601A waiver application?
A: Yes, you can request parole under Keeping Families Together even if you have a pending I-601A provisional unlawful presence waiver. However, if your parole is granted and you apply for adjustment of status, your Form I-601A will be denied, as the waiver will no longer be necessary.
Q: Can I file Form I-765 (employment authorization) concurrently with Form I-131F (parole request)?
A: No, these forms must be filed separately. You can apply for employment authorization only after your parole in place request is approved.
Appeals and Denials
Q: Can I appeal a denial of my Keeping Families Together parole request?
A: No, you cannot appeal a denial. However, you may reapply with new or additional evidence to demonstrate your eligibility, along with the required $580 filing fee.
Q: If my request is denied, will I be placed in removal proceedings?
A: In most cases, USCIS does not issue a Notice to Appear (NTA). Additionally, they do not refer your case to ICE solely based on the denial. However, if you pose a threat to national security, public safety, or border security, DHS may take enforcement action.
Travel and Removal Proceedings
Q: Can I travel outside the U.S. if my request for parole is granted?
A: No. Parole in place does not allow you to leave the U.S. If you leave, your parole will automatically terminate, and you may be unable to return. You should apply for Advance Parole before any travel outside the U.S. to avoid serious immigration consequences.
Q: What happens if I have a final removal order but remain in the U.S.? Can I apply for parole?
A: Yes, you can apply for parole in place under Keeping Families Together even if you have a final removal order, but you will be subject to a rebuttable presumption of ineligibility. USCIS will assess the circumstances and make a decision based on discretion.
How to Stay Informed and Updated
Monitoring USCIS Updates and Announcements
Regularly checking the USCIS website and subscribing to their email alerts will help you keep up with the latest developments.
Joining Stakeholder and Community Meetings
Many organizations and immigration law firms host informational sessions and stakeholder meetings to discuss policy changes and legal strategies. At Ahmad & Associates, we actively participate in community engagements to provide our clients with the latest information.
Subscribing to Newsletters and Alerts
Stay ahead by subscribing to immigration law newsletters and alerts. This can include USCIS updates, news from reputable immigration law firms, and community resource bulletins.
Preparing for the Future: What Comes Next?
Transitioning from Parole to Permanent Residency
Once you’ve received PIP approval, the next step is applying for adjustment of status. This process involves filing Form I-485 and other related forms to secure lawful permanent residency (a green card).
Preparing for the Adjustment of Status Interview
The adjustment of status interview is a critical step in obtaining permanent residency. Our attorneys will help you prepare for the interview, ensuring that you’re ready to answer questions about your application, marriage, and family relationships.
Long-Term Immigration Planning
Achieving permanent residency is only the beginning. Our team at Ahmad & Associates can help you with long-term immigration planning, including applying for citizenship, maintaining your legal status, and addressing future immigration challenges.
If you believe you qualify for this program, don’t hesitate to contact us. Let us help you keep your family together and secure your future in the United States. Schedule a consultation with Ahmad & Associates today!
