The Biden administration announced a program giving qualifying unauthorized spouses and children of U.S. citizens the option to apply for a green card without leaving the U.S. The program, referred to as Keeping Families Together, opens August 19, 2024. It is critical not to submit a request prior to August 19, 2024. However, to aid in the process, U.S. Citizenship and Immigration Services (USCIS) released a guide to support the filing process.

A new electronic form, Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, will be accepted on August 19, 2024. No other forms will be accepted. The form will be available on USCIS.gov on August 19, 2024.

The Filing Guide for Form I-131F will also be available on August 19, 2024, on the Keeping Families Together website. The guide provides support for individuals as they prepare to file a request through the online option. In addition, USCIS updated the Questions and Answers for the Keeping Families Together program. The Federal Register will also be updated in the coming days.

Eligibility Criteria

Noncitizen spouses of U.S. citizens who meet the below requirements are eligible to apply.

  • Present in the U.S. without parole or admission,
  • Continuously present in the U.S. for a minimum of 10 years as of June 17, 2024, and throughout the date of filing the application for parole,
  • Have a valid legal marriage to a U.S. citizen as of June 17, 2024,
  • No disqualifying criminal history or other issues that may constitute a threat to public safety or national security, and
  • Demonstrate, on a case-by-case basis, urgent humanitarian reasons or significant public benefit to be considered for a discretionary grant of parole in place.

Noncitizen stepchildren of U.S. citizens who meet the below requirements are eligible to apply.

  • Unmarried and under 21 as of June 17, 2024,
  • Present in the U.S. without admission or parole,
  • Must be continuously physically present in the U.S. since at least June 17, 2024 through the date of filing the application for parole,
  • Meet the statutory requirements of a stepchild of a U.S. citizen based on their parent’s legally valid marriage to a U.S. citizen on or prior to June 17, 2024, and prior to the child’s 18th birthday,
  • No disqualifying criminal history or other issues that may constitute a threat to public safety or national security, and
  • Meet other eligibility criteria to be considered grant of parole in place on a case-by-case basis for a significant public benefit or urgent humanitarian reasons.

Additional information will be published in the upcoming Federal Register notice.

Form I-131F will solely be available for online filing. Each individual must submit a unique filing through their individual USCIS online account, including minors. No paper option is available for this process. USCIS emphasizes the need to guard against immigration scams. Working with a qualified attorney who is licensed to practice law in the United States or an accredited individual working for a Department of Justice-recognized organization are qualified to provide legal advice on immigration cases. USCIS will never contact an individual outside of official government channels, and never through the individual’s personal social media.  USCIS will never ask for payment via phone or email.

If you have questions about the Keeping Families Together program or any other U.S. immigration related issue, contact us at ILBSG. Our team of experienced and thoughtful attorneys take great care to ensure each client is informed and gets the right advice for their particular situation.

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