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Immigration News Briefs

Provided by Humera Subhani

September 2024

USCIS Begins “Keeping Families Together” Processing

This is a process that allows certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place to enable them to apply for lawful permanent resident status without having to be separated from their families by leaving the U.S. for processing. 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 a significant public benefit. Parole in place is available only for noncitizens who are present in the United States.

USCIS began accepting applications on August 19, 2024. The application form is form I-131F, which is only available online. The fee to apply is $580 and applicants must set up online accounts to process this petition. In general, if granted parole as a noncitizen spouse or noncitizen stepchild of a U.S. citizen under this process, the parole period will be valid as of the date USCIS approves your Form I-131F and will expire 3 years from that date. However, parole terminates automatically if you depart the United States. Parole may also be terminated at any time in DHS’s discretion upon a determination that parole is no longer warranted, for example, following the commission of criminal conduct. Also, an individual who is granted parole is immediately eligible to apply for a work permit from USCIS.

As long as your parole remains valid (i.e., not expired or terminated), you will be considered in a period of authorized stay. As a parolee, you may apply for any immigration status for which you may be otherwise eligible, including adjustment of status to that of a lawful permanent resident. If you are in removal proceedings or have a criminal history, please review guidelines carefully and consult with a licensed immigration attorney. USCIS’s website lists scams to be aware of when applying, such as promises made by notaries or online (social media) and phone calls from alleged USCIS officials. USCIS.gov lists potential scams to be aware of when applying or seeking advice. USCIS has also released the official filing procedure on its website.

USCIS has advised applicants to gather the following types of documents for filings: evidence of your eligibility, such as: • Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; • Documentation of proof of identity, including expired documents may include: • Valid state or country driver’s license or identification; • Birth certificate with photo identification; • Valid passport; or • Any government issued document bearing the requestor’s name, date of birth, and photo; • Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization; • Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024.

More information will be made available in the forthcoming Federal Register Notice and subsequent FAQs.

APPLICATION FINAL ACTION DATES FOR SEPTEMBER 2024

FAMILY	India	Pakistan/Bangladesh
1st	22Oct15	22Oct15
2A	15Nov21	15Nov21
2B	01May16	01May16
3rd	01Apr10	01Apr10
4th	22Jan06	01Aug07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Feb22	Current
2nd	15Jul12	15Mar23
3rd	22Oct12	01Dec21
Other	22Oct12	01Jan21
4th	01Jan21	01Jan21
5th	01Dec20	Current1B

DATES FOR FILING VISA APPLICATIONS - SEPTEMBER 2024

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	15Jun24	15Jun24
2B	01Jan17	01Jan17
3rd	01Jan11	01Jan11
4th	15Jun06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	08Feb22	Current
2nd	22Jul12	22Mar23
3rd	01Nov12	01Feb23
Other	01Nov12	08Jan21
4th	01Feb21	01Feb21
5th	01Apr22	Current1B