U.S. Citizenship and Immigration Services (USCIS) has unveiled an important update that offers hope to countless immigrant families who have been in a state of uncertainty, from being stuck in status limbo or the lengthy process of applying for an I-601A waiver and Consular Processing for an Immigrant Visa. The newly implemented Keeping Families Together Parole in Place (KFTPIP) policy aims to promote family unity by providing a pathway for certain immigrants married to U.S. citizens to apply for lawful permanent residence (a green card) without leaving the United States.
Why is this a Good Opportunity?
For many immigrant families, the process of securing a green card has often been long, stressful, and filled with uncertainty. Until now, Consular Processing was the only option, a route that frequently leads to years of separation. The KFTPIP policy doesn’t change who is eligible for a green card but significantly alters the process, allowing applicants to stay in the U.S. while applying. This change could save families eight to nine years of processing time, reduce stress, and save a considerable amount of money.
Who Is Eligible for KFTPIP?
To qualify for KFTPIP, applicants must meet the following criteria:
Physical Presence
Must have been present in the United States on or before June 17, 2014, and have entered without parole or admission.
Marital Status
Must have been married to a U.S. citizen on or before June 17, 2024. Additionally, the spouse must have been a U.S. citizen as of that date.
Immigration Status
Must not currently have lawful status. For this policy, DACA and TPS recipients are eligible, as these are not considered lawful status.Â
Inadmissibility Factors
This policy forgives a single unlawful entry but does not cover multiple unlawful entries. Several criminal activities disqualify individuals from the program, including but not limited to felony convictions or misdemeanors related to firearms offenses, human trafficking, aggravated assault, domestic violence, child pornography, child neglect, or most controlled substance offenses. Additionally, individuals with pending criminal charges are ineligible for this program.
Removal Proceedings
Applicants with a final order of removal or those in removal proceedings may still qualify for this program. Consult with an experienced attorney if this applies to your situation.
Adjustment Eligibility
Besides certain factors that previously required leaving the country (like an unlawful entry), the applicant should meet all other requirements for adjusting status. However, Adjustment of Status is a separate process with its own fees, forms, and criteria.
Age Considerations
Minor children can also qualify for parole in place under this policy if they are physically in the U.S. without admission or parole and have a valid stepchild relationship to a U.S. citizen on or before June 17, 2024. Step-children do not have to prove physical presence in the United States for the last ten years.Â
What is the Process?
As of August 19th, applications can be submitted using Form I-131F, which must be filed online and includes a $580 filing fee. Attorneys are allowed to file on behalf of their clients.
Once approved, the parole is valid for three years. Approved individuals may then file for their green card within the United States instead of having to leave to obtain an immigrant visa. Although it is uncertain whether renewals will be possible, especially with the upcoming election, those approved will retain their status even if the program is later paused or ended. If your application is denied, you can continue processing your existing case as before without any negative consequences, though a conversation with an experienced attorney is strongly advised.
USCIS aims to adjudicate straightforward cases quickly and is eager to approve as many cases as possible, given the anticipation of potential litigation and election-related impacts.
Why Apply for Keeping Families Together?
Pros
- No need to leave the United States: This saves stress and travel expenses.
- Work and green card applications: Once KFTPIP is approved, you can apply for a work card (processing time about four months) and a green card (processing time about a year).
Cons
- Timing: If your case is already nearing completion with the National Visa Center, consider that the KFTPIP process might take additional time. It’s difficult to predict the timing for an Embassy or Consulate to schedule your appointment, potentially ranging from a few months to a few years.
- Fees: The program includes several new fees. The government fee for KFTPIP is $580. If approved, the additional fees are as follows:
- I-130 fee: $535
- Green card application fee: $1,440
- Work permit application fee: $260 (optional, but recommended for most people)
There is also an optional advance parole application, which costs $630. This would allow you to travel internationally once approved, while your green card case is pending.
What’s Next?
If you believe you or your spouse may be eligible for this new parole policy, it’s crucial to consult with an experienced immigration attorney to ensure the application process goes smoothly. Here’s what we recommend:
- Schedule a Consultation: Meet with Attorney Tracie to discuss your specific situation and determine if you are eligible for this type of parole. Both spouses should attend the consultation to ensure all questions and concerns are addressed.
- Gather Documentation: Start collecting documents to prove your continuous presence in the U.S. since June 17, 2014, and your marriage to a U.S. citizen. We will provide a complete checklist once your contract is in place, but it’s helpful to begin gathering now. Key items to consider include:
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- A 750-2000 word explanation of why you deserve approval for this program; a short, heartfelt story detailing your family connections, your character, and your future plans.
- Proof of entry into the U.S. before June 17, 2014.
- 5-8 items per year demonstrating your presence in the U.S. since June 17, 2014, such as transcripts, leases, medical records, pay statements, tax returns, etc.
- Create an Online Account: If you don’t have one already, go ahead and create a myUSCIS account. This is required to file the application online.
How Can Hope Immigration Help?
The Hope Immigration team is excited about what this policy means for our clients. It is estimated that 500,000 noncitizen spouses of U.S. citizens could be eligible, along with about 50,000 children. This policy is a significant step forward in promoting family unity and providing stability for many immigrant families.
For our current clients, we are reviewing your cases to determine eligibility and outline the path forward. New clients are encouraged to schedule a consultation to discuss eligibility and begin the process.