In June 2024, the Biden Administration announced its plan to rollout a process called Keeping Families Together, which would extend parole-in-place, which was previously limited to the immediate family members of members of the armed forces, to the spouses of US citizens who had been living in the US for ten years. Immediately after the program went live and started receiving applications on August 19, 2024, Texas and 15 additional states filed a lawsuit, and a Temporary Restraining Order (TRO) asking the court to immediately block the process.
The Court previously dismissed a lawsuit brought by Texas challenging another parole program from the Biden administration, the CHNV Parole Program (interchangeably, the “CHNV Parole Program” or the “Program”). The Court in that case found that the States lacked standing to bring the challenge. That parole program had a relatively small number of eligible immigrants compared to the number that qualify under the new Keeping Families Together program.
On Aug. 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, Case Number 24-cv-306, administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days. Subsequently, the court issued another order and the administrative stay remains in effect through Sept. 23, 2024.
Applications for parole-in-place under Keeping Families Together are still being accepted by USCIS. To apply one must submit an Form I-131F to USCIS (this form is only available for online submission). Apply online here.
To comply with the district court’s administrative stay, USCIS will:
– Not grant any pending parole in place requests under Keeping Families Together.
– Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and
Stepchildren of U.S. Citizens.
– Continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs).
– The district court’s administrative stay order does not affect any applications that were approved before the
administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024.
Parole is an exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or significant public benefit. The INA defines an “applicant for admission,” in relevant part, as a noncitizen “present in the United States who has not been admitted.” Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process because they remain “applicants for admission.” Parole in place is available only for noncitizens who are present in the United States.
If granted parole, and if otherwise eligible, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas or obtaining an I-601A waiver.
