On August 19, 2024, the U.S. Department of Homeland Security (DHS) implemented a new immigration rule, Keeping Families Together. This new rule expands on the existing Military Parole-in-Place (MIL-PIP) program.
It creates a process for qualified noncitizen spouses and stepchildren of U.S. citizens to apply for parole, allowing them to remain in the United States while they pursue lawful permanent residence without leaving the country.
An Duluth immigration lawyer can determine if you or your family member meet the eligibility requirements and help you apply for parole. An attorney can also gather the supporting documentation required for your application and advise you throughout the process.
Who Does the New Parole-in-Place Immigration Law Apply To?
The DHS’s Federal Register Notice for implementing Keeping Families Together applies to noncitizen spouses and stepchildren of U.S. citizens.
A lawyer can explain the eligibility requirements for the new parole-in-place law. An attorney can help you request parole-in-place through your local U.S. Citizenship and Immigration Services (USCIS) office by completing the I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
Eligibility Criteria for Spouses
Noncitizen spouses of U.S. citizens seeking parole-in-place must meet the following requirements:
- Physical presence: You must be physically present in the United States without admission or parole status.
- Continuous presence since 2014: You must have maintained uninterrupted physical presence in the United States from at least June 17, 2014, through the date you filed your request.
- Marriage date: You must be legally married to a U.S. citizen on or before June 17, 2024.
- Criminal history: You must not have any disqualifying criminal history and otherwise be deemed to be a threat to public safety, national security, or border security.
- Biometrics and background checks: You must provide biometrics and undergo required background checks and national security and public safety vetting.
Eligibility Criteria for Stepchildren
Noncitizen stepchildren of U.S. citizens seeking parole-in-place must meet the following requirements:
- Age: You must be unmarried and under 21 years old as of June 17, 2024.
- Physical presence: You must reside in the United States without any admission or parole status.
- Continuous presence since 2024: You must have been physically present in the United States continuously since June 17, 2024, up until the date you file your application.
- Parent’s marriage: You must have a noncitizen parent who entered into a legally recognized marriage with a U.S. citizen on or before June 17, 2024, and prior to your 18th birthday.
- Criminal history: You must not have a disqualifying criminal record or be regarded as a threat to public safety, national security, or border security.
- Biometrics and background checks: You must submit biometrics and complete the necessary background checks along with evaluations for national security and public safety.
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How Will the USCIS Evaluate a Request for Parole-in-Place Under the New Immigration Rule?
After you submit a request for parole-in-place, the USCIS will thoroughly review all the evidence submitted with your Form I-131F. This includes examining supporting documentation such as marriage certificates and birth certificates to verify the legitimacy of marriages.
Additional supporting evidence for applications may include a photocopy of the service member’s military ID card (both sides) or a DD Form 214, along with two passport-style photos. You can also provide proof that a current or former service member endorses your request for parole-in-place and any other documentation that may support your case.
USCIS will implement rigorous procedures to detect potential fraud, ensuring that ineligible marriages do not lead to adjustments in immigration status. This scrutiny helps maintain the integrity of the immigration process.
How Does the New Parole-in-Place Law Benefit Applicants?
Ur M. Jaddou, Director of the U.S. Citizenship and Immigration Services, states that the new process under Keeping Families Together will remove undue barriers for people who would otherwise qualify to reside in the country legally.
She stated the law will help stabilize families while also promoting greater efficiency in the immigration process and fostering economic prosperity. It allows people to live and work in America legally without having to leave the country to maintain their visa status.
According to DHS, about 500,000 noncitizen spouses and 50,000 noncitizen stepchildren could benefit from this new law, as they likely meet the eligibility requirements.
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How Is This New Rule Similar to The Military Parole-in-Place (MIL-PIP) Program?
The new parole-in-place immigration rule is consistent with a similar process for family members of certain U.S. military personnel and veterans who are actively serving in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve or who previously served these departments without dishonorable discharge.
A Duluth military parole-in-place lawyer can help if you or a family member are applying to the MIL-PIP program, which offers substantial advantages for military service members, veterans, and their families, such as the following:
- Deportation protection: Family members of active-duty service members and veterans can remain in the United States under parole-in-place, which safeguards them from deportation and allows them to stay legally.
- Work authorization: Beneficiaries of the MIL-PIP program are eligible to apply for work permits, allowing them to seek employment and contribute to their communities.
- Pathway to adjustment of status: As individuals who are considered to have been “admitted” into the United States, program beneficiaries are often in a stronger position to pursue a green card.
- No unlawful presence accrual: Time spent in the U.S. under the MIL-PIP program does not count towards unlawful presence, providing peace of mind to participants regarding their immigration status.
The MIL-PIP program set a precedent for promoting stability and opportunities for military families, reinforcing the nation’s commitment to those who serve. Now, the Keeping Families Together program continues to support family members with longstanding connections in communities across the country.
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Call Barrios Virguez Attorneys to get more information on the New Parole-in-Place Law: Keeping Families Together
The new parole-in-place immigration rule provides more efficient opportunities for noncitizen family members to stabilize and work toward lawful residence. Still, the application process is complex, but our Duluth immigration attorneys from Barrios Virguez Attorneys can help.
We are ready to provide the legal guidance and support you need, regardless of your immigration issue. Our previous client testimonials speak to our dedication to families like yours. Call our office today to schedule a complimentary case evaluation.
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