Parole in Place (PIP) is a longstanding form of immigration relief which has multiple uses. Recently, the Biden administration announced a new use for PIP under its “Keeping Families Together” program, through the implementation of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This new form is designed to “cure” unlawful entry for spouses and stepchildren of U.S. Citizens in order to allow them to adjust status and obtain a green card.
Who Qualifies for Parole in Place under Keeping Families Together?
You may be eligible to file Form I-131F if you meet the following conditions:
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Current Status: You are currently in the U.S. without lawful admission and inspection;
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Physical Presence: You have been continuously present in the U.S. since June 17, 2014 (for spouses) or since June 17, 2024 (for stepchildren);
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Marriage Requirements: You must be in a legally valid marriage with a U.S. citizen as of June 17, 2024, or be a stepchild whose parent married a U.S. citizen before your 18th birthday; and
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Criminal and Security Check: You do not have a disqualifying criminal record and do not pose a threat to national security or public safety.
What Information Do You Need to File?
Unlike other immigration forms, the I-131F must be filed online. An Applicant must provide basic biographic information alongside supporting evidence such as:
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Proof of Identity: An official photo ID, such as a passport, driver’s license, state ID, or foreign national ID card;
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Proof of Spouse/ Stepparents’ U.S. Citizenship: A U.S. birth certificate, Naturalization Certificate, Certificate of Citizenship, or U.S. passport.
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Proof of Relationship: A marriage certificate or birth certificate that shows your relationship to a U.S. citizen.
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Proof of Continuous Physical Presence: Documents which show the Applicant has resided in the United State since the dates mentioned above. There are no stringent requirements as to what this evidence must be. Options include, but are not limited to a real property lease, school records, medical records, utility bills, bank statements, and affidavits from friends and family. Any documents which prove continuous presence in the U.S. since the required date may be included.
Special Considerations for Filing
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Criminal Charges: If you have any criminal charges, you may not be eligible for PIP. The analysis of a criminal conviction’s effect on immigration options is complicated and is best determined by an attorney or licensed representative.
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Additional Supporting Evidence: As PIP is ultimately granted at the discretion of a USCIS officer, any other documents that might demonstrate a significant public benefit or urgent humanitarian reasons for granting parole should be included.
Conclusion
Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens provides a new pathway for previously ineligible individuals to obtain permanent residency in the United States. Ensuring that all necessary information and documents are correctly submitted can improve your chances of approval. For more complex cases, it’s advisable to consult an immigration attorney.
It is important to note there will be a wide range of litigation surrounding this new program. As of August 27, 2024, the program is temporarily enjoined, meaning the program is on pause. For more information about what it means for a policy to be enjoined, and the future of the Keeping Families Together Program see our blog: What does it mean for a policy to be enjoined, and what does it mean for Form I-131F?
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If you have questions regarding Form I-131F Parole in Place for Noncitizen Spouses, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
