USCIS Releases New Information for Parole in Place Program for Undocumented Spouses and Stepchildren of U.S. Citizens such as Necessary Documents and Filing Fees

New details have recently been provided by the U.S. Citizenship and Immigration Services (USCIS) regarding the Parole in Place application process for undocumented spouses and stepchildren of U.S. Citizens, also known as “Keeping Families Together.”

USCIS will begin accepting online applications for Parole in Place on August 19, 2024, using a new electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The form will not be available to file by mail.

USCIS reminds the public that any PIP applications received prior to August 19^th will not be accepted.

Applicants should be aware that complete details about the parole application process will soon be posted in the Federal Register.

I-131F Parole in Place Eligibility Requirements

A noncitizen spouse or stepchild of a U.S. citizen may request parole in place under this process if they:

Are present in the United States without admission or parole
Have been continuously physically present in the United States:
- Since at least June 17, 2014, if seeking parole in place as the spouse of a U.S. citizen; OR
- As of June 17, 2024, if seeking parole in place as the stepchild of a U.S. citizen

And they have:

A legally valid marriage to a U.S. citizen as of June 17, 2024, if seeking parole in place as the spouse of a U.S. citizen; OR
A parent who had a legally valid marriage to a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday, if seeking parole in place as the stepchild of a U.S. citizen
No disqualifying criminal history; and
Do not pose a threat to national security and public safety

Individuals who are granted parole under this process will receive parole for a 3-year period from the date of approval.

As long as your parole remains valid, you will be considered in a period of authorized stay, and you will be permitted to apply for adjustment of status to lawful permanent resident (a green card) by filing Form I-485 with USCIS.

Individuals granted parole are also immediately eligible to apply for an Employment Authorization Document (EAD) from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code.

Please note that if you were lawfully admitted to the U.S. (you entered on a nonimmigrant visa), you are NOT eligible for parole in place, even if you overstayed or are otherwise present in the U.S. past your authorized period of stay.

For further details about the Parole in Place process, please see our FAQs here.

Important Notice for Widows and Widowers of U.S. Citizens

If your U.S. Citizen spouse or stepparent has died prior to submitting your parole request, you may still qualify for parole in place as a noncitizen spouse or stepchild of a U.S. citizen, as long as your legally valid marriage was entered into on or before June 17, 2024.

Key Highlights Released by USCIS

The I-131F Application for Parole in Place can only be filed online via the USCIS webpage starting August 19, 2024. Paper-based applications sent to USCIS by mail will not be accepted.
The USCIS filing fee to apply for Form I-131F is $580. USCIS will not accept fee waivers or fee exemptions for this application. (See FAQs).
Each requestor, including minors, will need to file a separate Form I-131F, and each requestor must have their own USCIS online account, including minors where they will complete and submit the application.
While completing the online application, the USCIS online account system will automatically determine which documents you must provide as you are completing your application.
After filing the application, beneficiaries will need to attend a biometrics appointment for USCIS to collect biometrics information for screening and vetting purposes
If USCIS approves your Form I-131F, the noncitizen spouse or stepchild of the U.S. Citizen will receive a Form I-94 Arrival/Departure Record, which is evidence of their parole
USCIS cautions applicants that Form I-94 does not authorize entry into the U.S. after departure. Individuals granted parole in place as a noncitizen spouse or stepchild of a U.S. Citizen who depart the U.S. without first obtaining an Advance Parole Document from USCIS may be precluded from returning.
If you depart the U.S. after you are granted parole without a valid Advance Parole Document your parole will automatically terminate

Penalties

USCIS reminds the public that providing false information on the I-131F is a serious violation of immigration law:

If you make a materially false representation or concealment on your I-131F application, USCIS may revoke your grant of parole in place. DHS may also terminate your parole at any time if it is determined that your continuous presence in the U.S. is no longer warranted. Issuance of a Notice to Appear (NTA) placing you in removal proceedings after a grant of parole constitutes written notice of parole termination.
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-131F, USCIS will deny your parole application and may deny any other immigration benefit. Such individuals may also be subject to criminal prosecution.

Summary of the Online I-131F Parole Application Process

To help applicants prepare for their online application, USCIS has published a Filing Guide for Form I-131F (PDF, 9.33 MB) on the Keeping Families Together USCIS webpage.

The I-131F Filing Guide provides useful tips, and information about what applicants can expect while completing the form online.

For information on creating a USCIS online account, visit How to Create a USCIS Online Account page and the Tips for Filing Forms Online page.

Before beginning the online application, USCIS advises applicants to have the following information ready:

Your full name, and any other names you have used
Current mailing address and your physical address (if different)
Your phone number and any email address you use
Birth date
Your Alien Registration Number (A-Number), if any
Your country of birth and your country of citizenship
Gender
Marital status (including the date of your marriage, if any)
U.S. Social Security number (if any)
USCIS online account number (if any); and
Biographical information including your height, weight, hair and eye color, and your race and ethnicity

Documents Required by the I-131F Online Application

The following documents are required by the I-131F online parole application. Applicants should begin gathering these documents as early as possible.

Photo Identity Document

As part of the application process, applicants will need to upload a copy of an official photo identity document which includes their photo, name, and date of birth such as:

A valid government-issued driver’s license
A passport identity page
Any national identity document from your country of origin bearing your photo
Any school-issued form of identification with photo; or
Any other official identity document with a photo.

Expired identity documents will be accepted.

Evidence of Your Relative’s Status as a U.S. Citizen

Applicants must upload evidence that their spouse or stepparent is a U.S. citizen. This can be proven with a copy of the:

U.S. birth certificate
Naturalization Certificate
Certificate of Citizenship
Consular Report of Birth Abroad or
U.S. passport

Documents in a foreign language must be include a certified English translation.

Evidence of Qualifying Relationship

You must upload evidence showing that you are the spouse or stepchild of the U.S. citizen by providing evidence of any of the following:

A marriage certificate
Documentation of termination of any previous marriages, if applicable
Birth certificate with your noncitizen parent’s name, if you are filing as the stepchild of a U.S. citizen or
Death certificate of your U.S. citizen spouse, U.S. Citizen stepparent or your noncitizen parent, if applicable

Evidence of Continuous Physical Presence

You must upload evidence of your continual physical presence in the United States. To show this, you can submit:

Any Immigration and Naturalization Service (INS) or DHS document stating your date of entry (for example, Form I-862, Notice to Appear):
Rent receipts, utility bills (such as gas, electric, phone), or receipts or letters from companies showing the dates during which you received service. You may submit this documentation even if it only has the name of your parents or legal guardians, as long as you also submit other evidence that shows your presence at that address
Tax returns, tax transcripts, or tax receipts
School records (such as transcripts or report cards) from the schools that you have attended in the United States, showing the names of the schools and the periods you attended
Hospital or medical records concerning treatment or hospitalization, showing the names of the medical facilities of physicians and the dates of the treatment or hospitalization
Official records from a religious entity in the United States confirming that you participated in a religious ceremony, rite, or passage (for example, baptism, first communion, wedding)
Attestations by religious entities, unions, or other organizations to your physical presence; OR
Other documents such as money order receipts for money sent in or out of the country; birth certificates of children born in the United States; dated records of bank transactions; correspondence between you and another person or organization; automobile license receipts, title, vehicle registration, etc.; deeds, mortgages, rental agreements; contracts to which you have been a party; insurance policies; receipts; postmarked letters OR
Any other document you believe is relevant.

You must submit sufficient evidence that establishes your continuous physical presence for the entire period required, but you do not need to submit documentation for every day, week, or month within that period. USCIS will evaluate the totality of the evidence to determine whether you have established continuous physical presence for the required period.

Evidence of Disposition of Any Criminal Record

If you have been arrested for or charged with any felony or misdemeanor in the United States, or a crime in any country other than the United States, you must upload evidence demonstrating the results of the arrest or charges brought against you.

Those with a criminal history should consult with an experienced immigration attorney before completing the application.

Where Can I Find More Information?

For further information about the application process, please visit our webpage where we have prepared a detailed FAQ section addressing your concerns.

Please also visit the Keeping Families Together USCIS webpage for more updates and our helpful links below.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

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