Earlier, on June 18, 2024, the U.S. Department of Homeland Security (DHS) announced a new immigration process for mixed-status families, where one spouse is a U.S. citizen and the other is undocumented and residing illegally in the country. As promised, USCIS provided more detailed information about this program a few days ago on their official website. We are eager to share this information with you.
Program Requirements
Let us remind you that to participate in this program, you must meet the following requirements:
Be present in the United States without official entry or parole;
Have continuously resided in the U.S. for at least 10 years as of June 17, 2024;
Be legally married to a U.S. citizen;
Have no serious criminal convictions and pose no threat to public safety.
Children of potential applicants who are in the country without status may also apply for status along with their parent if they are physically present in the U.S. without legal entry and have a documented relationship with a U.S. citizen (adoption).
We discussed the program requirements in more detail in this article.
What We Know Now
USCIS is ready to start processing these cases beginning August 19, 2024. A new form, I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, has been created specifically for this purpose. It can only be submitted online through a personal account on the USCIS website. This application is available only to spouses of U.S. citizens and their children who are legally adopted by U.S. citizens.
This form plays a crucial role, as it determines whether "parole in place" will be approved for obtaining status later on. Each applicant, including children, must submit a separate I-131F form from their own USCIS online account. A physical paper form does not exist.
What’s Special About the I-131F "Parole in Place" Application Process
You need to be prepared to provide the following information for the I-131F form:
Full name and any other names ever used;
Physical and mailing addresses;
Contact information;
Date of birth;
Alien Registration Number (A-Number), if available;
Country of birth and citizenship;
Marital status;
Biographical information.
The form also includes questions about the date the applicant has been residing in the U.S., whether they are currently in deportation proceedings, if they have ever broken the law during their stay in the U.S., and whether they have ever submitted Form I-601A, Provisional Unlawful Presence Waiver.
In addition to completing the form, you will need to attach copies of the following documents:
ID with a clear photo and date of birth;
ID of the U.S. citizen relative;
Proof of established relationships (marriage) or proof of the child's adoption by a U.S. citizen;
Proof of continuous physical presence in the U.S. ;
Tax payments, bills, and medical records;
Copies of all criminal charges, including parking violations, court decisions, and fines;
Other evidence that you believe will persuade the officer to approve "parole in place".
Interestingly, after the I-131F form is approved, the applicant will receive additional instructions on what other documents will need to be provided for the next step.
Filing Fee
The fee for submitting Form I-131F is $580.00 per applicant. There are no exceptions for fee waivers.
Biometrics
After submitting Form I-131F, the applicant will receive instructions on how to complete the biometrics process and undergo the necessary national security checks.
Before deciding to start family reunification under this program, we strongly recommend consulting with an immigration attorney. Since the program is new, there may still be questions about the process.
The team at Bloomberg Law Firm, P.C. is one of the first immigration firms ready to provide consultations for mixed-status families regarding participation in this program and to represent their interests with USCIS. Our managers have received specialized training on this program and participated in USCIS training webinars.
We are eager to assist you with this immigration process, as family is the most important thing in anyone's life!
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