On July 17, 2024, United States Citizenship and Immigration Services (“USCIS”) announced that undocumented spouses and children of US citizens who are eligible to apply for legal status and a pathway to citizenship through the parole in place process may submit applications starting August 19, 2024. Additional details about eligibility and the application process will be published in a “forthcoming Federal Register notice.”
In an effort to help families who will benefit from the program, the Service published a list of documents that those planning to file should begin gathering ahead of the application opening date of August 19th. We await the details of the application process and specific guidance on how to establish eligibility to be published in the Federal Register and will continue to update you as more information is announced.
UPDATE November 11, 2024: On November 7, 2024, US District Judge J. Campbell Barker struck down the Biden Administration's Keeping Families Together parole-in-place program. Judge Barker declared that the executive arm of government is not authorized by statute to grant parole to undocumented persons who are currently in the United States. The Biden administration is “evaluating next steps” in the meantime, USCIS is barred from adjudicating applications received as a response to the launch of the program.
UPDATE August 27, 2024: Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas issued an administrative stay on Monday, August 26th stopping the Biden administration from approving applications for parole under the Keeping Families Together program, which had begun accepting a week earlier on August 19th. Although USCIS can continue to accept applications for the program, according to the order they cannot issue approvals. The suspension’s initial period of stay runs for 14 days but could be extended after the court accepts and hears arguments from the parties.
UPDATE August 26, 2024: On Friday, August 23rd a coalition of sixteen states filed suit in Tyler, Texas to stop the program launched by President Joe Biden in June, which began accepting applications on Monday, August 19th noting in court that the program bypassed Congress to create a pathway to citizenship and is an “abuse of power”. Although the states also filed a motion to put the program on pause while the lawsuit is adjudicated, applications remain open and USCIS continues to accept applications at this time.