United States implements
‘Keeping Families Together’
process

27 August 2024

On 19 August 2024, The Department of Homeland Security announced a Federal Register notice to implement ‘Keeping Families Together’, a process for certain noncitizen spouses and stepchildren of US citizens.

USCIS will immediately begin accepting requests from eligible individuals for this process on 19 August 2024.

Individuals must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of US Citizens, online after creating a myUSCIS account.

The filing fee is USD 580. Fee waiver requests for Form I-131F will not be accepted.

Eligibility requirements

In order to be eligible for consideration, noncitizen spouses of US citizens 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 to the date of filing the request;
  • Have a legally valid marriage to a US 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.

Noncitizen stepchildren of US citizens 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 to the date of filing the request;
  • Have a noncitizen parent who entered into a legally valid marriage with a US citizen on or before June 17, 2024, and before their 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.

Thousands expected to be eligible for permanent residence

DHS estimates that 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of US citizens may meet these eligibility criteria. If granted parole, these noncitizen spouses and noncitizen stepchildren of US citizens, if otherwise eligible, could apply for lawful permanent residence without leaving the country.

USCIS is committed to program integrity and protection against fraud. Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage.

In its consideration of the Form I-131F, USCIS will employ rigorous procedures to detect potential fraud concerns, ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process.

Find out more information

USCIS has published additional information on eligibility criteria, the application process, examples of the types of evidence noncitizens must submit to establish eligibility; how to create an online account and file Form I-131F online; and how to avoid scams in this process. You can find more information on the Keeping Families Together page.

If you have any questions about this scheme or want expert advice on US immigration matters, please speak to the Global Immigration team at Smith Stone Walters. You can call us on 0208 461 6660 or email info@smithstonewalters.com.

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