A new Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, has been developed by the U.S. Citizenship and Immigration Services for the Keeping Families Together Parole in Place program.
The Application Process
To apply, you must submit your application online through myUSCIS. Paper applications will not be accepted. Keeping Families Together Parole-in-Place/Form 1-131F applications will be available through client and attorney myUSCIS accounts. If an applicant files on their behalf and later requests to be represented by an attorney, the attorney can electronically file a Form G-28 for that case.
Each applicant must submit a Form 1-131F with a $580 filing fee. Fee waivers are not available for Form 1-131F.
Applicants will be required to submit biometrics and undergo background checks. Biometrics already on file with USCIS can be reused so long as they remain valid and adhere to current standards. Biometrics data collected for applications within 15 months of the processing date may be reused. If USCIS decides to reuse biometrics for the PIP application, USCIS will advise the applicant via a notice stating so. It is of the utmost importance that the applicant's name and other identification information match information from any previous filings/biometrics exactly.
Interviews may be required as part of the adjudication process but are not expected, as a matter of course. Because approving a parole application under this program is discretionary, USCIS may deny an application without requesting more evidence or prior notice.
USCIS will not accept concurrent filings with the new form. Applicants who wish to apply for employment authorization or adjustment of status will need to wait for PIP approval. However, they may submit a standalone Form 1-130 petition before or after the PIP filing.
General Eligibility
There are two groups of eligible applicants, namely the spouses and stepchildren of U.S. citizens. Applications will be considered case-by-case for a discretionary grant of parole-in-place.
Eligibility Requirements for Spouses of U.S. Citizens:
The spouse must
be present in the United States without admission or parole;
have been continuously present in the United States for at least ten years as
of June 17, 2024; and
have been legally married to a U.S. citizen as of June 17, 2024.
The U.S. citizen spouse must have been a U.S. citizen on or before June 17, 2024. If the spouse was a Lawful Permanent Resident on or after this date and subsequently becomes a U.S. citizen, the noncitizen is not eligible to apply for PIP. Common law spouses may also apply for PIP if the marriage occurred on or before June 17, 2024. A marriage will be recognized as valid for parole in place if it is legally valid in the place of celebration. However, there are circumstances where USCIS may not recognize a marriage as valid for purposes of parole in place, including, but not limited to:
Civil unions, domestic partnerships, or other relationships that do not confer the same legal rights and responsibilities to the parties as in a marriage recognized by a civil authority.
Marriages that are contrary to public policy in the United States include polygamous marriages, marriages involving minors, or marriages involving close relatives.
Marriages where one or both parties to the marriage are not legally free to marry or have not given consent to the marriage.
An applicant may be eligible to apply for PIP, even if their U.S. citizen spouse is deceased, as long as the marriage occurred on or before June 17, 2024, and the applicant has not remarried.
In addition, individuals must not have a disqualifying criminal history or otherwise constitute a threat to national security, public safety, or border security and should otherwise merit a favorable exercise of discretion (See below section on Exercise of Discretion).
Eligibility Requirements for Stepchildren of U.S. Citizens
Eligible stepchildren may apply separately from their noncitizen parents.
Must be present in the United States without admission or parole.
Have a qualifying stepchild relationship with a U.S. citizen parent, as defined by the INA, as of June 17, 2024.
Must be unmarried and under 21 as of June 17, 2024.
USCIS will recognize a child's age based on the Child Status Protection Act (CSPA). According to footnote 142 of the FRN, "an immediate relative child's age is frozen when their Form I-130 or Form I-360 is filed to protect them from aging out before being able to adjust status. (See INA sec. 201 (f), 8 U.S.C. 1151 (f).)
The child's noncitizen parent and U.S. citizen stepparent must have been married before the child's 18th birthday. (If the marriage between the noncitizen parent and U.S. citizen spouse is terminated, either through divorce or death of one or both parents, the stepchild may still be eligible for parole in place if a valid marriage was entered into on or before June 17, 2024, and all other criteria are met.)
Stepchildren are not subject to the 10-year presence requirement. However, they must have been present in the U.S. as of June 17, 2024, and demonstrate continuous physical presence from that date until the filing date.
A stepchild is not required to demonstrate that their noncitizen parent satisfies the 10-year presence requirement.
In addition, all individuals, including stepchildren, must not have a disqualifying criminal history or otherwise constitute a threat to national security, public safety, or border security, and they should otherwise merit a favorable exercise of discretion.
Disqualifying Criminal History or Acts that Constitute a Threat to National Security, Public Safety, or Border Security.
Applicants may be ineligible for PIP if they have a disqualifying criminal history or otherwise constitute a threat to national security, public safety, or border security. Certain crimes will be automatically disqualifying, while others create a presumption of ineligibility that may be overcome with positive discretionary factors. An applicant with an arrest record other than minor traffic infractions should consult an experienced immigration attorney before filing an I-131F.
Eligibility for Individuals in Removal Proceedings or with a Removal Order
Individuals who are currently in removal proceedings, including those whose cases were administratively closed or pending appeal before the BIA, can apply for PIP if otherwise eligible. After parole is granted, the person will need to take steps to have the removal proceedings re-calendared, terminated, or dismissed to apply for adjustment of status. Those individuals should contact their local ICE Office of the Principal Legal Advisor (OPLA) to seek their agreement with a motion. An applicant who has been in removal proceedings or has been ordered removed from the United States should consult an experienced immigration attorney before filing an I-131F.
Exercise of Discretion
Even if an applicant meets all eligibility criteria, USCIS will examine the totality of the circumstances to determine whether the applicant merits a grant of parole in place as a matter of discretion based on a case-by-case analysis. The factors for which applicants may provide evidence to establish that they merit a favorable exercise of discretion include, but are not limited by, the following non-exhaustive list:
Community ties;
Advanced or young age;
Length of presence in the United States;
Status as a parent or caregiver of a U.S. citizen child or elderly parent or in-law;
Status as a caregiver for an individual with disabilities, including U.S. citizen in-laws or siblings;
A physical or mental condition requiring care or treatment in the United States;
Status as a victim of or witness to a crime, civil rights violation, or labor rights violation under investigation by a labor agency;
Impact on other family members, including family members who are U.S. citizens and Lawful Permanent Residents;
Status, or that of their U.S. citizen spouse, as a current or former member of the U.S. military; or
Other positive factors about which the requestor wishes to provide information.
The applicant should consult an experienced immigration attorney to present the most effective list of favorable factors for USCIS to consider.
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