New Program for Undocumented Spouses and Children of US Citizens Takes Effect

The Department of Homeland Security announced on August 19 that it would immediately start accepting applications under the Keeping Families Together program, which allows certain undocumented spouses and children of U.S. citizens to obtain work authorization and legal permanent resident (“LPR”) status while remaining in the United States. 

In order to qualify, undocumented spouses of U.S. citizens must meet the following criteria: 

  • Entry in the United States without admission or parole;

  • Continuous physical presence in the United States since June 17, 2014, through the date of filing the request;

  • Legally valid marriage to a U.S. citizen on or before June 17, 2024;

  • No disqualifying criminal history or public safety, national security, or border security concerns; and

  • Merits a favorable exercise of discretion.

Undocumented children of U.S. citizens (including step-children) qualify if they meet the following criteria: 

  • Under the age of 21 and unmarried on June 17, 2024;

  • Entry in the United States without admission or parole;

  • Continuous physical presence in the United States since June 17, 2014, through the date of filing the 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;

  • No disqualifying criminal history or public safety, national security, or border security concerns; and

  • Merits a favorable exercise of discretion.

Qualified noncitizen spouses and stepchildren can apply for a three year “parole in place,” with the possibility of renewal. Once approved, they can then apply for lawful permanent residence without leaving the United States. DHS estimates that approximately 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens could be eligible. However, if the application is denied, the USCIS has the discretion to initiate removal proceedings against the applicant. 

USCIS began accepting requests from eligible individuals for this process on August 19, 2024. Each individual 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. Fee waiver requests for Form I-131F will not be accepted.

Without these measures, undocumented spouses of US citizens have to leave the United States to apply for immigrant visas at the US Consulate in their home country, which is a costly and uncertain process for many families because there is little visibility on how long they will have to stay outside the US or whether they will even be approved. 

This alert is for informational purposes only. Please contact us if you would like to discuss this development further.

Nadia Yakoob