On August 19, 2024, DHS began accepting applications for the Biden Administration’s new “Keeping Families Together” program, allowing parole-in-place for certain spouses and stepchildren of U.S. citizens. However, at the time of publication of this newsletter, the program remains in uncertain status. The parole-in-place application is made on Form I-131F and must be filed online. If granted parole, eligible noncitizens may apply for adjustment of status without having to apply for an unlawful presence waiver and travel outside the United States to attain legal residency at a U.S. consulate abroad. It is estimated that over 500,000 foreign nationals could benefit from the program.

Unfortunately, adjudication of applications under this program is currently suspended due to pending legal challenges. On August 23, 2024, several states filed a lawsuit challenging the legality of the program. On August 26, 2024, a federal court in Texas ordered USCIS to stop processing applications for a 14-day period while the court decides several issues in the case. On September 4, 2024, the court extended the stay preventing USCIS from approving applications until September 23, 2024. Worse yet, on September 11, 2024, the Fifth Circuit Court of Appeals halted proceedings at the district court, resulting in an indefinite suspension of this parole-in-place program pending further order from the Fifth Circuit.

Currently, USCIS may continue to accept new applications, but cannot grant them. Applicants risk losing filing and legal fees if the program is deemed to be unlawful, or if the litigation is not resolved before a new administration eliminates the program.

While the legal challenges to the policy are upsetting, they were anticipated. Eligible families may carry on hope that the program will be upheld but it is wise to speak with immigration attorneys about other viable options to lawful permanent residence that could be simultaneously pursued.