What is Biden Parole-in-Place?
The Biden Parole-in-Place program is a program intended to help noncitizen spouses of U.S. citizens and noncitizen stepchildren of U.S. citizens., who have an unlawful entry. This process is meant to allow individuals a lawful entry so they may apply for legal permanent residency. This program was estimated to help 550,000 people who are eligible to apply. Eligibility requires the applicant to:
Entered the United States without admission or parole and currently have no legal status.
Have continuously resided in the United States since June 17, 2014 (for at least 10 years).
Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
Not have any disqualifying criminal history
Not pose a threat to national security or public safety and merit a favorable exercise of discretion.
USCIS will grant parole on a case-by-case basis, taking into account each applicants’ history and negative and positive aspects of their case.
What is the temporary stay?
USCIS is currently accepting applications online only. Unfortunately, a Federal Judge in East Texas has implemented a temporary stay, pausing this program. This means USCIS is not allowed to make any decisions on applications. They can not grant parole to anyone at this time. However, the program is still open to accept applications until October 10th. The court has scheduled a hearing on October 10th to go over and determine if the program is legal and whether or not it should continue.
There could be many possible outcomes when it comes time for the court to make a decision. We don't yet know what the court will decide in regards to this program. What we do know, is if the court decides to allow this program to continue, there will be high rewards for the applicants who did apply. In addition, the individuals who did apply when the program first opened and during the time period it was paused, will be first in line to have their applications reviewed and receive a decision.
Frequently Asked Questions:
Q: What fee is required to file a request under Keeping Families Together (Form I-131F)? Can I obtain a fee waiver or fee exemption for this process?
A: The fee to apply is $580. No fee waivers or fee exemptions are available for this process at this time.
Q: If my Keeping Families Together request is granted, how long will my parole period last?
A: In general, if you are granted parole as a noncitizen spouse or noncitizen stepchild of a U.S. citizen under this process, your parole period will be valid as of the date USCIS approves your Form I-131F and will expire 3 years from that date. However, parole terminates automatically if you depart the United States. Parole may also be terminated at any time in DHS’s discretion upon a determination that parole is no longer warranted, for example, following the commission of criminal conduct.
As long as your parole remains valid (that is, is not expired or terminated), you will be considered in a period of authorized stay. As a parolee, you may apply for any immigration status for which you may be otherwise eligible, including adjustment of status to that of a lawful permanent resident.
Q: I am currently in removal proceedings. Am I eligible for Keeping Families Together?
A: Yes. If you are otherwise eligible for parole in place under this process, including that you are present in the United States without admission or parole, USCIS will consider your request if you are currently in removal proceedings before an immigration judge (also called INA Section 240 proceedings), including if your case is on appeal before the Board of Immigration Appeals, or if you have a case that is administratively closed. This includes if you were released on bond or on your own recognizance.
However, USCIS will consider any relevant information related to your removal proceedings, and any other relevant factors, in determining whether to grant parole in place as a matter of discretion. If you constitute an enforcement priority based on national security, public safety, or border security* concerns/issues, USCIS will deny your request for parole in place under this process.
*NOTE: Consistent with the Sept. 30, 2021, Guidelines for the Enforcement of Civil Immigration Law (PDF), a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.
Q: What impact does having a criminal conviction have on eligibility for this process?
A: All felony offenses will be disqualifying under this process. Convictions for the following offenses are also disqualifying regardless of whether the conviction was a felony or misdemeanor. DHS reserves its discretion to determine that other offenses are disqualifying, even if not listed.
Murder, torture, rape, or sexual abuse;
Offenses involving firearms, explosive materials, or destructive devices;
Engaging in activities relating to peonage, slavery, involuntary servitude, and trafficking in persons;
Aggravated assault;
Offenses relating to child pornography, sexual abuse or exploitation of minors, or solicitation of minors;
Domestic violence, stalking, child abuse, child neglect, or child abandonment; and
Controlled substance offenses (other than simple possession of 30 grams or less of marijuana).
All other criminal convictions not listed above, excluding minor traffic offenses, will result in a presumption of ineligibility for this process. To overcome the presumption of ineligibility, you must provide documentation demonstrating positive factors that can be considered in overcoming this presumption and showing that you warrant a favorable exercise of discretion. You should include copies of arrest records and certified court dispositions for each arrest or criminal charge, as well as evidence that you completed your sentence, if applicable.
Even if you establish that you have met all the criteria for eligibility, and have rebutted the presumption of ineligibility, USCIS will examine the totality of the circumstances to determine whether your request should be granted as a matter of discretion for significant public benefit or urgent humanitarian reasons.
For more information, please visit https://www.uscis.gov/keepingfamiliestogether.
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