[co-author: Isabella Cohen]

Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping Families Together” enables noncitizen spouses and stepchildren of U.S. citizens to apply for lawful permanent residency without leaving the U.S., through a process called “parole in place.” This discretionary action allows beneficiaries to remain in the country for urgent humanitarian reasons or significant public benefit, with the possibility of work authorization during this time. U.S. employers are welcoming this program, as it increases the pool of individuals eligible for work permits, helping to fill presently unmet labor needs. 

Background

Beginning in June of 2012, the Deferred Action for Childhood Arrivals (DACA) policy granted certain undocumented immigrants relief from deportation, employment authorization, and the ability to pursue educational opportunities. A recent policy announcement by the Department of Homeland Security will allow those individuals who have previously benefited from DACA policy and Dreamers to utilize their earned degrees within the United States and more readily receive work visas.

On June 18, 2024, the Biden Administration announced “Keeping American Families Together” with the goal of providing a remedy to unite U.S. citizens with noncitizen spouses and children seeking permanent residency. On August 19, 2024, the Department of Homeland Security posted a Federal Register notice announcing the implementation of Keeping Families Together. The program will allow certain family members of U.S. citizens, specifically immigrant spouses and stepchildren, to apply for lawful temporary legal status in the U.S. while awaiting lawful permanent resident status. USCIS also posted an FAQ that provides background on the program and practical information for applications. Additional information on eligibility criteria, the application process, and examples of required documentation are available on the Keeping Families Together page and in the Federal Register notice.

The Department of Homeland Security established its authority to grant parole to certain noncitizens under section 212(d)(5)(A) of the Immigration and Nationality Act (INA). Certain noncitizens present in the United States may now be considered for parole as they await the status of their application for admission into the United States. A parole grant will allow them to stay in the U.S. legally while they wait for the status of their application for admission to be decided.

Previously, many noncitizen spouses and stepchildren of U.S. citizens had to leave the U.S. while awaiting lawful permanent resident status and processing. Keeping Families Together will now work alongside other possible efforts to provide relief to certain persons residing long-term in the U.S. without legal status.   The new program will work to remove administrative barriers that have previously prevented many U.S. citizens’ spouses and stepchildren from gaining rightful lawful permanent residents in the United States.

A key criterion to be eligible for parole under Keeping Families Together is that the applicant is required to be present in the United States without current admission or parole; and have remained in the United States since at least June 17, 2014, through the date of the applicant’s Form I-131F submission. There are additional criteria detailed on the Keeping Families Together page.

For further information regarding eligibility for parole under Keeping Families Together, please visit https://www.uscis.gov/keepingfamiliestogether.

How to Proceed

After ensuring their eligibility to qualify under Keeping Families Together, the applicant must submit Form-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The Form-131F will be submitted through USCIS Online Filing System. There is no option to complete the application on paper. If an applicant is unsure how to create a USCIS online account, they can visit the USCIS website for further details.

The applicant must comply with the form instructions or the Form-131F may not be considered. To ensure that applications are properly submitted, applicants should complete all required fields on the form, submit all requested evidence, and include the $580 filing fee with their online application. If an applicant is under the age of 14, a parent or legal guardian may complete the Form-131F on behalf of the child, assuming that their name and information are included in the “preparer” section of the form.

The Department of Homeland Security will grant parole on a discretionary case-by-case basis however, parole will typically be granted for up to 3 years. Only after an applicant is granted parole, may they continue to apply for employment authorization with Form I-765.

For applicants who are denied under Keeping Families Together, USCIS will not issue a Notice to Appear or flag the applicant’s case to U.S. Immigration and Customs Enforcement (ICE)unless the applicant poses a significant threat to the security of an individual or nation.

Why This Matters to Employers

“Keeping Families Together” program is an important policy initiative that also offers employers a small but new opportunity to address labor shortages by expanding the pool of workers. This policy not only supports humanitarian efforts, but also brings skilled individuals into the workforce by allowing long-term undocumented spouses and stepchildren of U.S. citizens to remain in the country and apply for work authorization.  Having been in the United States for at least ten years under the requirements of the policy, beneficiaries will likely have language skills and prior educational and training experience that employers are seeking. Employers should stay informed about the eligibility criteria and application process to effectively support potential employees navigating this pathway to lawful permanent residency.