Do I qualify for President Biden’s Keeping Families Together, Parole-in-Place program (USCIS Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens)?

Generally, one of the requirements for being able to obtain a Permanent Resident Card (“Green Card”) in the United States, includes proof of lawful entry (inspection) or maintaining lawful immigration status at all times.

Foreign nationals that have entered the U.S. without inspection or have resided in the U.S. for more than SIX (6) months may be barred from reentering the U.S. after traveling abroad for a period of THREE (3) to TEN (10) years. This is a big problem, since only individuals that have entered the U.S. lawfully or have maintained lawful immigration at all times can adjust status (apply for a Green Card) pursuant to INA § 245(a).

This being said, President Biden created a parole-in-place program for foreign nationals that either spouses or stepchildren/adopted children of U.S. citizens. Under this new program, these specific foreign nationals can file USCIS Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, if they meet certain conditions. Upon the approval of this application, foreign nationals can:

• File USCIS Form I-765, Application for Employment Authorization, which will allow the foreign national to receive an Employment Authorization Document (EAD) and Social Security Card, which will expire in THREE (3) years; and/or
• File USCIS Form I-485, Application to Adjust Status, which will allow the foreign national to receive a Permanent Resident Card (also known as a “Green Card”) and Social Security Card.

Warning: If a foreign national is currently on the Deferred Childhood Arrivals Program (DACA) and s/he has an approved I-131F application, all future DACA renewals will be denied. The I-485, Application to Adjust Application is currently taking 23.5 months (as of 8/20/2024), on average, in Houston, Texas. For this reason, it is important to file a strong I-485 application to reduce the time the government needs to make a decision. Filing a strong I-485 application may lead the government to waive the in-person adjustment of status interview, which will reduce the overall processing time.

What are the specific requirements for spouses of U.S. citizens?

1. Be present in the United States without admission or parole. This generally means that you did not enter the U.S. with a visa or other valid travel authorization (e.g. ESTA or a Border Crossing Card);
2. Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
3. Have a legally valid marriage to a U.S. citizen on or before June 17, 2024. This means that if your spouse was a U.S. Lawful Permanent Resident (LPR) on or after June 17, 2024, but later naturalized and became a U.S. citizen, you will not qualify;
4. Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
5. Submit biometrics and undergo required background checks and national security and public safety vetting.

What are the specific requirements for stepchildren or adopted children of U.S. citizens?

1. Have been under the age of 21 and unmarried on June 17, 2024;
2. Be present in the United States without admission or parole. This generally means that you did not enter the U.S. with a visa or other valid travel authorization (e.g. ESTA or a Border Crossing Card);
3. Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
4. 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. As for adopted children, the stepchild must have been adopted before the child reached 16-years-old;
5. Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
6. Submit biometrics and undergo required background checks and national security and public safety vetting.

• Note: If your noncitizen parent and U.S. citizen stepparent divorce, you may continue to be eligible as an immigrant petition beneficiary and for adjustment of status if your stepparent demonstrates an ongoing bona fide parent-child relationship to you. This might include evidence that you and your stepparent reside together or that your stepparent provides financial and emotional support for your care.

What happens if the I-131F application is denied?

Unfortunately, the decision cannot be appealed. However, applicants are welcome to reapply.

Why was my I-131F application denied?

If you filed the application by yourself, with a non-attorney, or with an inexperienced immigration attorney, your case may be denied. Using an experienced immigration attorney will ensure that your application is successful.

My I-131F application is approved. Is it a guarantee that my I-485, Application to Adjust Status will be approved?

No. The requirements and documentation required for each application is unique and different. This means that you cannot simply use the supporting documentation for your I-131F application for your I-485 application.

Experience Matters

The Law Office of David Nguyen, PC has successfully handled hundreds of immigration petitions and/or applications – and can assist you with your immigration needs.

For more information on Do I qualify for President Biden’s Keeping Families Together, Parole-in-Place program, a consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas.