News Alert: Court Issues Administrative Stay of Keeping Families Together Program
Image by Anna from Pixabay. On Aug. 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together Program for 14 days. Learn more about this development in our News Alert.
Updated: September 11, 2024
What is the Keeping Families Together Program?
On Aug. 19, DHS posted for public inspection a Federal Register notice implementing Keeping Families Together, a process for certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place. It enables eligible individuals to apply for temporary permission to stay in the U.S. under the Key Family Ties (KFT) program. The application is strictly online, requiring the submission of Form I-131F through the U.S. Citizenship and Immigration Services (USCIS) website.
Who is eligible to apply for the program?
To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet these eligibility criteria:
If you are the noncitizen spouse of a U.S. citizen, you must:
Be present in the United States without admission or parole;
Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
If you are the noncitizen stepchild of a U.S. citizen, you must:
Have been under the age of 21 and unmarried on June 17, 2024;
Be present in the United States without admission or parole;
Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
Strictly Online, No Paper Submissions
The Form I-131F must be submitted exclusively online. There is no paper form or in-person submission option for this process. USCIS stresses the importance of using the online portal to ensure the application is processed correctly and efficiently.
Program Currently on Hold
On Aug. 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days. Pursuant to a Court Order, the USCIS will not grant any pending parole in place requests under Keeping Families Together. However, they are allowed to continue accepting filings of Form I-131F, and scheduling biometric appointments and capture biometrics at Application Support Centers (ASCs). Subsequently, the court issued another order and the administrative stay remains in effect through Sept. 23, 2024.
What else should I know?
The district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024. Individuals granted parole in place under this process before the administrative stay order was issued may still file for any other immigration benefit for which they may be eligible, including employment authorization and adjustment of status to that of a lawful permanent resident.
You can only apply for employment authorization after your Form I-131F is approved. If you file your Form I-765, Application for Employment Authorization, before USCIS approves your Form I-131F request under this process, USCIS will reject or deny your Form I-765. Check out the dedicated USCIS webpage on this program for more information.
Immigration policies and laws are dynamic. Stay tuned as we keep you updated on this and other developments. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news and to keep updated.
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