Keeping Families Together:
Parole in Place for Spouses

The Department of Homeland Security (DHS) released new details about the new “Keeping Families Together” parole in place process for undocumented spouses of U.S. citizens. On August 20, DHS published a Federal Register Notice with more information on who qualifies, what documents are needed, and the fees involved.

This new policy expands access to the existing parole in place process. It provides temporary immigration relief through protection from deportation, work authorization, and it will also help qualify certain undocumented spouses of U.S. citizens to be able to apply for their green cards (permanent residency) without leaving the U.S.

Read below for more information and answers to frequently asked questions.

If you are a non citizen spouse of a U.S. Citizen

• Present in the U.S. without admission or parole
• Continuously present in the United States since June 17, 2014
• Legally married to a U.S. citizen as of June 17, 2024
• No disqualifying criminal convictions
• Pass background checks and public safety/national security/border security vetting

If you are the noncitizen stepchild of a U.S. citizen, you must:

• Must have been under the age of 21 on June 17, 2024 and unmarried. Born on or after June 18, 2003.
• Your noncitizen parent and your U.S. citizen stepparent must have been married on or before June 17, 2024, and before your 18th birthday.
• Present in the U.S. without admission or parole
• Continuously present in the United States since June 17, 2024

Additionally, noncitizen children of qualified applicants are also eligible for relief if they have been continuously present in the U.S. and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

Applications will be evaluated case by case to determine if a grant of parole is appropriate. USCIS will review a range of evidence, including the individual’s immigration history, criminal history, results of background checks and other vetting, and additional evidence that USCIS may request.

Your children may also qualify for parole in place if:

• Your U.S. citizen spouse is the child’s stepparent
• They were under 18 at the time of the marriage that created the stepparent-stepchild relationship
• They are unmarried and under the age of 21 as of June 17, 2024
• They have been continuously present in the U.S. since at least June 17, 2024 through the date that you apply

A separate application will need to be filed for every person seeking parole, including children. Eligible children may apply for parole on their own, without either parent’s participation.

The Keeping Families Together process will provide the following:

• Deportation Protection: provide protection from deportation for up to three years.
• Work Authorization: Recipients will also be able to apply for a work permit once the parole application is approved, also valid for up to three years.
• Green Card Pathway: This process can help spouses get their green cards through marriage by fixing issues related to immigration bars. Recipients of parole in place will have three years to apply to adjust to permanent residency without leaving the U.S. and triggering the bars.

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Applications are currently open as of August 19, 2024.
You must apply online, using the myUSCIS system. If you do not have an account, click here to create a myUSCIS account.

To apply, you will fill out and submit Form I-131F. You will need to attach some documents, including proof of you and your spouse’s identity, your valid marriage, and your continuous presence in the U.S.

You will also need to pay a filing fee of $580, which can be paid online using a credit card, debit card, pre-paid card, or authorized bank transfer. There are no waivers for this fee.

For more information on how to fill out the form, read the USCIS Guide to Filing Form I-131F.

If your application is approved, you can then apply for a work permit by filing a separate form, Form I-765. You will need to pay an additional filing fee—$470 if filed online or $520 if filed on paper—but there are waivers available in some cases.

Form I-765 must be filed after the parole application is approved, it cannot be filed at the same time.

If you are eligible and plan to apply, you can get ready by gathering important documents, including:

• $580 filing fee, payable by credit card, debit card, pre-paid card, or transfer from your bank account (no waivers are available)
• Form I-131f, the USCIS application form (for more information, see the USCIS Filing Guide for Form I-131f)
• Proof of marriage: Marriage certificate proving your marriage to a U.S. citizen as of June 17, 2024.
• Identity documents
  • Valid state or country driver’s license or identification;
  • Birth certificate with photo identification;
  • Valid passport; or
  • Any government-issued document bearing your name, date of birth, and photo.
• Proof of your spouse’s citizenship:
  • Passport;
  • Birth Certificate; or
  • Certificate of Naturalization
• Documentation to establish your continued presence in the United States for at least 10 years:
  • Rent receipts
  • Utility bills
  • School records (letters, report cards, etc.)
  • Hospital or medical records
  • Attestations from religious entities, unions, or other organizations
  • Official records from a religious ceremony
  • Money order receipts for money sent into or out of the United States
  • Birth certificates of children born in the United States
  • Dated bank transactions
  • Automobile license receipts, title, or registration
  • Deeds, mortgages, or rental agreement contracts
  • Insurance policies
  • Tax returns or tax receipts