Amber Blasingame, Partner, Messner Reeves LLP
On August 16, 2024, the US Department of Homeland Security posted guidelines on eligibility and filing processes for the “Keeping Families Together” Parole in Place (PIP) pursuant to the Biden-Harris Administration Executive Action announced on June 18, 2024. The US Citizenship and Immigration Services (USCIS) will begin accepting applications only online as of August 19, 2024. https://www.uscis.gov/keepingfamiliestogether.
Eligible applicants for Keeping Families Together PIP include spouses and stepchildren of US Citizens. The marriage between the noncitizen and US citizen must have been legally valid on or before June 17, 2024. For a stepchild to qualify, the Noncitizen parent and US Citizen stepparent must have entered into a legally valid marriage before the stepchild’s 18th Birthday.
In addition to a valid relationship with a US Citizen, applicants must prove the following: (1) The applicant is present in the United States without admission or parole; (2) The applicant has been continuously present in the United States for at least 10 years as of June 17, 2024; and (3) The applicant had a legally valid marriage to a US Citizen as of June 17, 2024.
Not all individuals who meet the above criteria will qualify for the Keeping Families Together PIP. According to the guidelines any individual who has a prior removal order, executed or not, is not eligible to apply for parole under this program. Individuals with “criminal convictions that are likely to render the individual statutorily ineligible for adjustment of status,” and even some who would not be ineligible for adjustment of status, may be disqualified per the discretion of USCIS, if the applicant may “constitute a threat to national security or public safety.”
If you think that you or someone that you know may benefit from Keeping Families Together Parole in Place, we would recommend talking with a licensed attorney practiced in immigration law. Please contact Messner Reeves LLP to schedule a consultation to discuss your immigration matters.