DHS to Implement ‘Keeping Families Together’ Process

The process is for certain noncitizen spouses and stepchildren of U.S. citizens as part of an effort to promote family unity and stability

Photo by Jhon David on Unsplash

The Department of Homeland Security (DHS) announced a plan to implement a Keeping Families Together process via a Federal Register notice on Monday. The notice was officially published on Tuesday. The program is for certain noncitizen spouses and stepchildren of U.S. citizens as part of an effort to keep families together and prevent long-term family separations. 

“Too often, noncitizen spouses of U.S. citizens – many of them mothers and fathers – live with uncertainty due to undue barriers in our immigration system,” said Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services. “This process to keep U.S. families together will remove these undue barriers for those who would otherwise qualify to live and work lawfully in the U.S., while also creating greater efficiencies in the immigration system, conducting effective screening and vetting, and focusing on noncitizens who contribute to and have longstanding connections within American communities across the country.”

The announcement came on the same day the Biden administration’s parole-in-place policy for spouses of U.S. citizens took effect allowing some of them to legalize their status without leaving the country. Leaving the country is a risk for spouses without legal permission to be in the U.S. because it could force them to wait outside the country for as long as 10 years.

“This is part of an effort to promote the unity and stability of families, increase the economic prosperity of American communities, strengthen diplomatic relationships with partner countries in the region, reduce strain on limited U.S. government resources, and further national security, public safety, and border security objectives,” reads a DHS press release on Monday.

U.S. Citizenship and Immigration Services (USCIS) began accepting requests from eligible individuals for the process on Monday. According to the press release, individuals must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online after creating a myUSCIS account. The filing fee is $580 and fee waiver requests for Form I-131F will not be accepted.

Despite what you may hear from conservative media, this is not an amnesty program.

To be eligible for consideration, noncitizen spouses of U.S. 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 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.

Noncitizen stepchildren of U.S. 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 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 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.

DHS estimates that about 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens may meet these criteria. If granted, noncitizen spouses and stepchildren of U.S. citizens could apply for lawful permanent residence without leaving the country. DHS also states that the Keeping Families Together program is consistent with longstanding, congressionally supported policies, including a similar process for family members of certain U.S. military personnel and veterans.

“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,” reads the DHS press release.

The press release also stated that USCIS will review submitted evidence supporting the existence of a legally valid marriage and will employ “rigorous procedures” to prevent potential fraud “ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process.”

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