On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the immigration system. On Aug. 19, 2024, DHS implemented Keeping Families Together, a process for certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to request parole in place under existing statutory authority.
Parole is an exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or significant public benefit. The INA defines an “applicant for admission,” in relevant part, as a noncitizen “present in the United States who has not been admitted.” Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process because they remain “applicants for admission.” Parole in place is available only for noncitizens who are present in the United States.
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If granted parole, and if otherwise eligible, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas. DHS estimates that 500,000 noncitizen spouses of U.S. citizens could be eligible to access Keeping Families Together; on average, these noncitizens have resided in the United States for 23 years. In addition, approximately 50,000 noncitizen stepchildren of U.S. citizens are estimated to be eligible to seek parole under Keeping Families Together.
USCIS is committed to program integrity and protection against fraud. Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage. In its consideration of the Form I-131F, USCIS will employ rigorous procedures to detect potential fraud concerns, ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process.
