8/27/2024 Update: In a devastating blow to hundreds of thousands of American families, a Trump-appointed federal judge in Texas has temporarily blocked the Biden-Harris process to keep American families together, just days after the application process opened.
For now, eligible immigrants may still apply, but their applications will not be processed. Please note that the $580 application fee is nonrefundable.
Check back frequently and follow us on Facebook as we continue to monitor the case and keep our community informed.
American families with undocumented spouses and children can now apply for protections with the Biden-Harris process to Keep Families Together!
On June 18, 2024, President Biden announced a new process to keep American families together by protecting the spouses and stepchildren of U.S. citizens. In the form of Parole in Place (PIP), the executive order provides work permits, deportation protection, and a possible pathway to permanent status for people who are already contributing to the U.S. economy and ingrained in American communities.
The announcement also indicates the administration will streamline a waiver process allowing Deferred Action for Childhood Arrivals (DACA) holders and others who have graduated from college to more easily obtain work visas, such as H-1B temporary visas for skilled workers.
Find the White House Fact Sheet here.
Find a step-by-step online filing guide on the USCIS Keeping Families Together webpage.
PIP allows certain undocumented individuals who are already in the U.S. without permission to receive immigration parole, which permits them to remain in the U.S. for a certain amount of time. Spouses and stepchildren of U.S. citizens approved for PIP, on a case-by-case basis, will be granted a 3-year work permit and protection against deportation, during which time they can apply for a green card.
Spouses– To qualify, a spouse must:
- Be legally married to a U.S. citizen as of June 17, 2024;
- Have continuously lived in the U.S. for at least 10 years before June 17, 2024;
- Have entered the U.S. without permission (the legal term– “inspected, admitted or paroled,” which generally means other than at a port of entry); and
- Not have certain disqualifying criminal and immigration history (for example, those subject to the “permanent bar,” which applies to persons who re-enter without permission after being deported or living here for more than a year, do not qualify).
- *Note: USCIS shared that those who are in immigration court proceedings, but fall outside of the September 2021 enforcement priorities– threats to national security, public safety (related to certain criminal history), or border security (those who attempted to or entered the US after November 1, 2020)— still qualify for parole.
Stepchildren– A stepchild may also qualify if:
- Unmarried and under 21 years old as of June 17, 2024;
- Have entered the U.S. without permission;
- Have lived in the U.S. since June 17, 2024 (*note: no 10-year requirement for stepchildren);
- Their parents were married before June 17, 2024 and they turned 18 years old; and
- Do not have disqualifying criminal or immigration history.
The “Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens” is available on the USCIS website.
- Apply online using Form I-131F on the USCIS website and submit required evidence of eligibility. You will need to create a USCIS account if you do not already have one.
- The application process is online only. No paper applications will be accepted.
- The fee to apply is $580. No fee waivers or fee exemptions are available at this time.
To apply for PIP you should gather documentation/evidence of eligibility. For example, the below documents may prove each of the above eligibility requirements:
- Proof of your identity
- Valid state or country driver’s license or ID
- Birth certificate with photo ID
- Valid passport
- Proof of spouses U.S. citizenship
- U.S. passport
- U.S. birth certificate
- Certificate of Naturalization
- Legal marriage to a U.S. citizen as of June 17, 2024
- A marriage certificate
- Continuous residence in the U.S. for at least 10 years before June 17, 2024
- Rent receipts or rental agreements/ contracts, mortgage statements or receipts, or utility bills
- School, hospital, or medical records
- Dated bank transactions/ statements
- Tax returns or receipts
Please find more examples of evidence to gather in the USCIS step-by-step filing guide.
Beware of Notarios or Scammers– Seek Reputable Legal Assistance
Remember, the application for Parole in Place for spouses of U.S. citizens is only available online on the USCIS website. Beware of scammers who may say otherwise. If you need legal advice, find a reputable legal services provider near you at iAmerica.org/legalhelp.
Resources
- USCIS step-by-step Filing Guide
- USCIS Frequently Asked Questions About Keeping Families Together
- Find a list of events for in-person assistance from our partners at Ready to Stay
- Tool to document eligibility and risk assessment from our partner ILRC
- If you’re in the DMV area (Washington, D.C., Maryland, and Virginia), our partner CASA offers a screening tool and may be able to assist with your application.
"President Biden's announcement represents safety, stability, and hope for families like mine and thousands more who, for decades, have contributed to this nation's economic strength and make up an essential labor workforce. It's an important step towards fixing a broken immigration system that has torn families apart and kept hard working people in the shadows for too long. As a County Social Worker, I've seen firsthand the importance of a father's presence in a child's development and success; it's the same commitment my husband has always strived for, and I couldn't be prouder of him amidst the uncertainty we've faced as a family. We're hopeful for a future in this great country that keeps families together, protected, and free of fear– an American dream shared by millions of immigrant working families like ours.”
Share your story with us
Are you part of a mixed-status family or know one, where some members have legal residency or U.S. citizenship while others do not? Imagine the impact if your spouse or loved ones were granted permission to work legally and protection from deportation. What would that mean for you and your family?
Take Action, and Make your Voice Heard!
While this is a victory for immigrant families, much more needs to be done to keep all American families together. Join us in fighting for true immigration reform that provides a pathway to citizenship for the 11 million who are essential to our families, communities, and the U.S. economy. Text FAMILY to 802495.
