NOVEMBER 2024 UPDATE REGARDING KEEPING FAMILIES TOGETHER PAROLE
On 7 November 2024, a federal court entered judgment in a case impacting the Keeping Families Together program. See State of Texas et al. v. U.S. Dept. of Homeland Security et al., Case No. 6:24-cv-00306. The federal court declared that the Department of Homeland Security (“DHS”) lacks authority to implement the Keeping Families Together parole program. The court’s judgment vacates the Keeping Families Together program. In response to the judgment, U.S. Citizenship and Immigration Services (“USCIS”) stopped accepting new I-131F applications. USCIS also stopped adjudicating pending I-131F applications and cancelled pending biometrics appointments.
INFORMATION APPLICABLE BEFORE THE COURT’S FINAL JUDGMENT
In 2024, the Biden Administration enacted the Keeping Families Together Parole Program. This parole program benefits a U.S. citizen’s foreign national spouse and stepchildren. The parole program focuses upon foreign nationals, who entered the U.S. without admission or prior parole. The parole program applies to family-based immigration cases.
Why is this parole program important?
The U.S. allows foreign nationals to apply for permanent residency after an immigration officer admits or paroles the person following an inspection. In general, U.S. Citizenship and Immigration Services (“USCIS”) may not grant permanent residency if an officer did not admit or parole the applicant into the U.S. If an officer did not authorize admission or parole, the foreign national would need to apply for an immigrant visa and attend an interview at a U.S. consulate. Departing from America can trigger the unlawful presence bar, thus requiring that the applicant receive an approved waiver from USCIS before leaving the U.S. If granted parole pursuant to the Keeping Families Together program, the paroled person may apply for permanent residency while in the U.S.
Applying for permanent residency, while physically in America, reduces the stress associated with traveling to a U.S. consulate. Filing an I-485 Form, while in the U.S., eliminates the need to apply for a provisional unlawful presence waiver (I-601A Form) and waiting for approval. Furthermore, the I-485 process reduces the risk that a consulate may refuse an immigrant visa due to other reasons. Foreign nationals may view I-601A processing times on USCIS’s website.
How Can a Family Apply for the Keeping Families Together Program?
To apply for parole under the Keeping Families Together program, applicants may file an I-131F Form using a USCIS online account. Applicants should review USCIS’s website for the document requirements and scan their documents before beginning the application process. USCIS recently published the filing guide for the parole program on the agency’s website. The filing guide provides additional information essential to filing the parole application.