By Felicia J. Persaud
News Americas, NEW YORK, NY, Tuesday. September 3, 2024: Despite a recent ruling by a Donald Trump-appointed judge from the United States District Court for the Eastern District of Texas that administratively barred the Department of Homeland Security (DHS) from granting parole under the Biden administration’s executive The Keeping Families Together Initiative of US Citizenship and Immigration Services (USCIS) has announced that it will continue to accept applications from eligible immigrants.
In response to the court’s ruling, USCIS confirmed last week that while it will not approve any pending parole applications under the Keeping Families Together order, it will continue to accept Form I-131F applications. This form, which is for spouses and stepchildren of US citizens who are not citizens, meaning those who entered the country without inspection or overstayed their visas and have since lived here because they would have to leave to fixed their status, but faced a 10-year-old. the re-entry ban allows these individuals to apply for parole in the country. USCIS will also continue to schedule biometric appointments and collect biometrics at its Application Support Centers (ASCs), he said.
USCIS further clarified that the court’s stay does not affect any applications that were approved prior to the issuance of the administrative stay order at 6:46 p.m. ET on August 26, 2024.
The Keeping Families Together Order, implemented by DHS on August 19 through a Federal Register notice, provides a path for some noncitizen spouses and stepchildren of U.S. citizens to seek parole, allowing them to remain in the United States. United and potentially adjust their status. without having to leave the country.
Eligibility Criteria for Form I-131F – Noncitizen spouses or stepchildren of US citizens may apply for parole if they meet the following conditions:
They are present in the US without admission or parole.
They have been continuously physically present in the US since June 17, 2014, if applying as a spouse, or since June 17, 2024, if applying as a stepparent.
They are in a legally valid marriage to a U.S. citizen as of June 17, 2024, or are a stepparent whose noncitizen parent had a valid marriage to a U.S. citizen on or before their 18th birthday simpletons.
They have no disqualifying criminal history.
They do not pose a threat to national security or public safety.
Required documentation – applicants must submit various forms of evidence, including:
Identity documents such as a driver’s license or government-issued passport.
Proof of US citizenship of spouse or stepparent.
Evidence of marital or parental relationship with the US citizen.
Documentation of continuous physical presence in the US as of the requested date.
Information about any criminal charges, if applicable.
The path to status adjustment
The parole process allows eligible noncitizen spouses and children of U.S. citizens to potentially adjust their status under existing laws without having to leave the U.S. to obtain an immigrant visa. However, this process does not change the eligibility criteria for lawful permanent resident (LPR) status.
Applicants granted in-country parole may then apply for adjustment of status by filing Form I-485, along with any related forms, such as Form I-601, if necessary. These applications will be considered separately from the bail decision.
In cases where the US citizen spouse has died, surviving spouses may still be eligible to adjust their status, provided they meet certain conditions. If a Form I-130 was filed before the spouse’s death, it will automatically convert to a Form I-360. If not, the widow may file a Form I-360 as a self-petitioner within two years of the spouse’s death.
For more information on how to file or more details, visit the official USCIS website at USCIS.gov. Do not fall prey to scammers. Get the facts.
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