The United States' immigration laws have changed significantly, especially during the Joe Biden administration. One of the most notable changes is the focus on keeping family members together. This program seeks to enhance the unity and stability of families. For years, the United States Citizenship and Immigration Services, abbreviated as USCIS, has emphasized the need for family unity in its immigration laws. A testament to this commitment is the Keeping Families Together (KFT) initiative. This initiative provides a seamless process for immigrant spouses and United States citizens' stepchildren to secure immigration status. With this program, immigrants married to U.S. citizens can apply for permanent residence/green card without leaving the U.S.
The KFT Parole Program Explained
The program is a component of the USCIS's mission to enhance family unity and cohesion that has been a component of United States immigration policies for many years. This initiative mainly targets noncitizen or immigrant spouses & stepchildren of United States citizens. The program provides qualifying applicants with a clear pathway to obtaining legal residency. It is evidence of the U.S. government's acknowledgment of the family's role in enhancing integration and social stability.
The initiative also shows the immigration department's commitment to human immigration processes that seek to reduce family separation when enhancing immigration. The USCIS mitigates the economic and emotional hardships that characterize lengthy family separations by providing an accessible immigration process.
Keeping Families Together Eligibility Criteria
Eligibility is critical in the KFT parole program. Below are the eligible applicants:
Spouses Of United States Citizens
For an immigrant or noncitizen to qualify, the marriage to a United States citizen must be recognized under the U.S. laws. The spouse should not have entered the marriage for the primary purpose of acquiring U.S. citizenship. Fraudulent marriages or getting married to obtain immigration benefits can lead to serious penalties. The potential penalties include deportation and denial of benefits.
If you are a noncitizen or immigrant spouse of a United States citizen, you must:
- Be present in the U.S. without parole or admission.
- You should have been physically present (continuously) in the United States from June 17, 2014, to the date you submitted the request.
- You should have been legally married to a United States citizen on or prior to June 17, 2024.
- You should not have a significant criminal history or be considered a threat to societal safety, border security, or national security.
- You must submit your biometrics and submit to the relevant background checks, including public safety and national security vetting.
The Stepchildren Of United States Citizens
Stepchildren of United States citizens are also eligible to apply. However, the union between the child's parent & the United States citizen should have happened before the kid's 18th birthday. If the child is already above 18 years old when the marriage occurs, this relationship is not recognized under the United States immigration law.
If you are a noncitizen or immigrant stepchild of a United States citizen, you must meet this eligibility criteria:
- You should have been below the age of 21 and unmarried on June 17, 2014.
- You should be present in the U.S. without admission or parole.
- You should have been continuously present in the United States since you submitted the request on June 17, 2024.
- Have an immigrant parent who entered a valid marriage to a United States citizen on or prior to June 17, 2024, and before you attained the age of 18.
- You should not have a significant criminal history and should not be deemed a threat to national security, border security, or public safety.
- You must undergo the relevant background checks, submit biometrics, and undergo public safety and national security vetting.
All applicants must meet the criteria outlined by the USCIS, including adherence to rules on admissibility and consent to undergo the relevant background checks. The burden of proof is on the applicant, who must prove through a preponderance of evidence that he/she meets the eligibility criteria. It must also be evident that parole is deserved based on discretion for humanitarian reasons or for public benefit. A grant of parole under the KFT parole program does not prove eligibility for other immigration benefits like lawful permanent resident status.
The Application Process
The most recent update to the KFT parole program occurred on August 19, 2024. The application process works as follows:
Submission Of Form I-131 To Seek A Parole In Place
Immigrant spouses or stepchildren of United States citizens should fill Form I-131 F to seek a parole in place. The form should be filled online, and the applicant must pay the filing fee. It is crucial to know that the filing fees for the Form I-131 F are not waived.
The applicant must complete all the applicable fields on Form I-131 F and adhere to all the form directions. The applicant must also submit relevant information demonstrating their qualification for parole, and the evidence submitted must comply with the USCIS guidelines.
Form I-131 F must be filled out for every applicant, including children. In addition, every applicant should have their USCIS account to facilitate the submission of the form. If an applicant is under 14 years old, their parents or legal guardians can create a USCIS account and fill the form for the child. The parents or legal guardians must include the preparer's details in the 'preparer's' part of the application form.
Submitting The Required Documentation
Applicants must submit certain documents to support the Form I-131 F. The purpose of the documents is to prove the applicant's qualification for parole. You can access a comprehensive list of the required documentation in the Federal Register. Here are a few examples of the commonly required documents:
- Proof of U.S. Citizen's Status — This can include a birth certificate or a passport.
- Marriage Certificate — Spouses should submit a marriage certificate to show their marriage is recognized under the law.
- Birth certificates must be available for stepchildren as evidence that a child-parent relationship existed before the child attained 18 years.
The Advantages Of The KFT Parole Program
For successful applicants, the KFT parole program offers the following benefits:
Parole In Place
An approval of Form I-131 F establishes parole that allows noncitizen spouses and stepchildren to stay in the U.S. legally. This status is important because it eliminates the requirement for the applicant to leave and re-enter the U.S. Leaving the U.S. can lead to bars re-entry, among other regulatory issues.
Clear Pathway To Becoming A Permanent Resident
Parole in place does not give applicants permanent residency. However, it is a pathway to obtaining U.S. permanent residency. Once an applicant is granted parole, he/she becomes qualified to change their immigration status to that of a lawful resident without leaving the United States. The applicant only needs to meet the required criteria.
Accessing Social Benefits
Once an applicant obtains a green card, he/she can access many benefits. The expected social benefits include education, healthcare, or social security. Access to social benefits can significantly improve the applicant's living conditions and enhance seamless integration into United States society.
The Common Challenges Applicants Face
The KFT parole program is straightforward. However, applicants can still face some challenges during the process. The potential difficulties include:
Documentation Issues
Incorrect or missing documentation is a common issue during the application process. Applicants should review the necessary documents carefully to avoid this hurdle. You should also ensure that all the forms are complete before submitting. Applicants can use the detailed directions & checklists that USCIS provides.
Delays in Case Processing
Processing time can vary based on various factors, such as the number of parole applications or the case's complexity. The USCIS website has the current processing periods that you can check to help you plan accordingly.
Risks of Denial
An Experienced immigration attorney can help you ensure that your application is efficient and address any issues that might come up.
Timing
The KFT parole program might require additional time if your case is nearing completion with the National Visa Center. Predicting when the consulate or the embassy will schedule your appointment is challenging. The timelines can range from several months to several years.
Applicable Fees
An application can be denied if an applicant does not meet the qualification criteria or if the USCIS suspects fraud. In this situation, applicants should seek legal guidance from an ex.
Under this program, applicants incur a few additional fees. The government fee for the KFT parole program is $580. If your application is approved, you will incur additional fees as follows:
- Form I-131 F fee of $535.
- A green card application fee of $1,440.
- A work permit application fee of $260 is optional but often recommended for most people.
Applicants can also opt for an optional advance parole application, which costs $630. Once approved, the applicant can travel internationally while the green card is pending.
How An Immigration Attorney Can Help
If you believe you or your spouse could be eligible for the new parole program, contact an experienced immigration attorney. Your attorney will help you determine whether you qualify and ensure the smooth application process. Here is what you should do:
Schedule An Appointment With An Immigration Attorney
Meet with your immigration attorney to discuss your case and determine your eligibility for the program. Both spouses should be present during the consultation to ensure that all concerns are handled.
Collect Documentation
Before meeting the immigration attorney, collect the relevant documents to prove that you have been in the United States since June 17 of 2014, and are married to a United States citizen. Your attorney will provide a complete document checklist when the contract is in place. However, you should start gathering documents way before you meet the attorney. Some of the essential items to consider include:
- A Word document explanation ranging from 750 to 2000 words. The application should outline why you deserve the program. You should give a brief, heartwarming story outlining your family connections, character, and plans.
- You must also provide proof of entry into the United States before June 17, 2014.
- Provide between 5 to 8 items yearly, demonstrating your presence in the United States since June 17, 2014. These items include leases, transcripts, pay statements, medical records, tax returns, etc.
- Create a USCIS online account — If you do not already have one, you should create one. This is a requirement when applying online.
If Parole Is Granted
If an applicant is granted parole under the KFT parole program, it lasts up to three years. The parole can be terminated at any time at the DHS's discretion. If granted parole, the applicant can also request an Employment Authorization Document by completing Form I-765.
If Request For Parole Is Denied
Suppose the USCIS denies an application for parole under the KFT parole program. In that case, it does not issue a Notice to Appear or refer the case to the U.S. Immigration and Customs Enforcement solely based on the denial. However, the Department of Homeland Security, DHS, can forward the applicant's details if it determines that the applicant poses a threat to national security, border security, or public safety.
Terminating Your Parole
If you are granted parole under the KFT program, your parole can be terminated automatically if:
- Your parole period expires.
- You depart from the United States.
At its discretion, the Department of Homeland Security can terminate your parole. A grant or parole does not authorize parole back into the U.S. if the applicant decides to depart. If an applicant departs the United States when parole is in place, the parole is terminated automatically. You risk not being able to return to the United States if you leave the U.S. without obtaining an Advance Parole Document. You might also be ineligible for future immigration benefits.
Find an Experienced Immigration Attorney Near Me
Do you believe that you, your spouse, or your child can qualify for parole under the KFT parole program?
We invite you to contact our attorneys at the California Immigration Attorney. We have experienced immigration attorneys with a thorough understanding of United States immigration laws. It does not matter whether your situation is intricate or straightforward. You can count on our unwavering support, guidance, and legal representation. Contact us at 424-789-8809 to speak to one of our attorneys.