Featured Issue: Executive Actions to Promote Family Unity
On November 13, 2024, USCIS posted the following alert:
ALERT: On November 7, 2024, the United States District Court for the Eastern District of Texas in State of Texas v. Department of Homeland Security, Case Number 24-cv-306 (E.D.T.X. Nov. 7, 2024) issued a final judgment vacating the Keeping Families Together (KFT) parole process, published at 89 Fed. Reg. 67,459 (Aug. 20, 2024).
Effective immediately, USCIS is taking the following steps to comply with the Court’s Order:
- Pending Form I-131F applications will not be adjudicated and intake of new Form I-131F applications will cease.
- Anyone with a future Application Support Center appointment in support of a filed Form I-131F should consider that appointment cancelled immediately. Anyone who appears for such an appointment will be turned away.
- External engagements on the KFT parole process are cancelled.
In the coming days, USCIS will publish additional information on how it will handle pending cases and paid application fees.
As of August 21, 2024, reports of approvals of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens have started to appear. At this time, it appears that these approvals are for applicants who already had reusable biometrics on file. For information on the next steps after receiving approval, please see this AILA practice pointer: Practice Pointer: Applying for the Keeping Families Together Parole-in-Place Program.
At the bottom of this page, you can browse AILA’s complete collection of documents and resources related to this program.
Visit our other featured issue page on affirmative relief changes for DACA recipients and other Dreamers for information and resources on those changes.
Browse the Featured Issue: Executive Actions to Promote Family Unity collection
USCIS Issues Guidance After Federal Court Vacated the Keeping Families Together Program
USCIS updated its guidance after a federal court vacated the Keeping Families Together program, stating that, effective immediately, any pending Form I-131F applications will not be adjudicated, and intake of new Form I-131F applications will cease.
District Court Judge Blocks Keeping Families Together Program
A Texas federal judge found that Texas and other states had standing to challenge the Keeping Families Together program and process and vacated the parole-in-place program for certain spouses of U.S. citizens as unlawful. (State of Texas et al., v. DHS et al., 11/7/24)
AILA: “Keeping Families Together” Program Derailed by Court
In this press statement, AILA responded to the ruling against the “Keeping Families Together” Program with President Kelli Stump noting that the program should have been upheld as “the Administration was using its congressionally enacted authority.”
Texas and Other States File Lawsuit Challenging Keeping Families Together Program
On August 23, 2024, Texas and 15 other states filed a lawsuit challenging the Keeping Families Together program, claiming that it is an unlawful action taken by DHS. Due to a court order that is currently in effect, USCIS may accept parole applications, but may not approve applications.
AILA Submits Amicus Brief on Families Together Parole Program
AILA submitted a brief in district court on the Keeping Families Together Parole program. As the district court weighs the program's legality, AILA seeks to highlight its impact on immigrants and their families, including the risks of consular processing and why the program is lawful and necessary.
Client Flyer: What Is the Keeping Families Together Program?
AILA provides a client flyer on a new program to help certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence without leaving the United States. There is a generic PDF and a customizable Word version. Please share widely with your networks.
ABA Family Unity Parole in Place Legal Clinic Toolkit And Video
The ABA provides a toolkit to help legal service providers design and implement pro se legal clinics where volunteers can help eligible individuals complete and submit applications for the Family Unity Parole in Place program.
Sample Informed Consent Text for PIP Program Client Representation
AILA provides an updated sample informed consent form now that the Keeping Families Together program is accepting applications. Given program uncertainties, members will want to obtain informed consent from clients.
USCIS Tech Talks: Keeping Families Together Engagement
USCIS invitation to a Tech Talk on 9/10/24 to discuss the Keeping Families Together process. During this Tech Talk, USCIS will cover online filing and answer FAQs on Form I-131F. No registration required; submit questions ahead of time.
USCIS Update After Administrative Stay Issued in Keeping Families Together Case
USCIS provides an update after a district court issued an administrative stay preventing it from granting parole in place under Keeping Families Together, including updates on biometrics, EADs, and approvals issued prior to the stay.
Sample Keeping Families Together Parole-in-Place Screening Tool for Attorneys
AILA provides a sample Keeping Families Together parole-in-place screening tool for attorneys to use in their practice. This sample screening tool is for informational purposes only and is not definitive legal advice.
Call for Examples: Keeping Families Together Parole-in-Place Adjudications
AILA provides this member survey to gather information regarding Keeping Families Together PIP adjudications. The information provided by each survey submission will appear on a spreadsheet that is updated in real-time.
Keeping Families Together Parole-in-Place Adjudications Tracker
AILA provides this collaborative sheet to track PIP adjudications. Members can input their own information by submitting the PIP adjudications survey.
PIP Implementation Overview and Q&A Webinar
The Southern California Chapter and AILA provide a recording from its webinar on the Keeping Families Together parole-in-place (PIP) program. Note that this webinar was recorded on August 26, 2024, prior to the administrative stay that halted approvals under this program.
AILA President Responds to Litigation Attempting to Halt Keeping Families Together Program
AILA President Kelli Stump reacted to the news that Texas, joined by 15 other states and Stephen Miller of America First Legal, filed litigation in an attempt to halt the newly implemented “Keeping Families Together” program, calling the states’ standing arguments “weak” and “baseless.”
Practice Pointer: Applying for the Keeping Families Together Parole-in-Place Program
AILA has provided a practice pointer as a resource to use when prepping Form I-131F applications for the Keeping Families Together program.
Practice Alert: USCIS Resolves Payment Submission Issue for Form I-131F
Members reported issues submitting payment on Form I-131F. USCIS confirmed that the issue has been resolved. If you experience this or any other technical issue with filing Form I-131F online, please use the USCIS live chat and report any issues or trends to AILA.
Practice Alert: Keeping Families Together Program Approvals
Some AILA members are reporting that they have already received approvals of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
Navigating the Surge in Client Calls on New Parole-in-Place Rules
The recent announcement of new Parole-in-Place rules may lead to a significant increase in client inquiries and potential new client calls, leaving many legal professionals feeling overwhelmed. It's crucial to manage this surge effectively. Learn more with this quick Practice Success Tip.
DHS Notice of Implementation of the Keeping Families Together Process
DHS notice announcing the implementation of the Keeping Families Together process. DHS will begin using Form I-131F, Application for Parole I Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens for this process on August 19, 2024. (89 FR 67459, 8/20/24)
USCIS Tech Talks: Keeping Families Together Engagement Series Learn How to File A Request
USCIS will hold a series of engagements in English and Spanish to review the Keeping Families Together process and how to complete Form I-131F. No registration is required for these engagements on 8/22/24 (English) and 8/29/24 (Spanish).
AILA Welcomes Launch of “Keeping Families Together” Program – Lives Will Be Changed
AILA President Kelli Stump and Executive Director Ben Johnson welcome the implementation of the Keeping Families Together program which is an example of the Biden Administration putting families first and implementing sensible solutions to problems created by our outdated immigration laws.
USCIS Stakeholder Engagements on “Keeping Families Together” Parole-in-Place Process
USCIS is hosting two stakeholder engagements – one in English and one in Spanish – on “Keeping Families Together,” a process allowing certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place, covering eligibility, application procedures, and form requirements.
USCIS FAQs on Keeping Families Together Process
USCIS provides frequently asked questions on the Keeping Families Together process.
Practice Alert: myUSCIS Offering Live Chat Help for Users Experiencing I-131F Technical Issues
USCIS issued an alert that its live chat is now working. Users are instructed to connect via live chat if they are experiencing I-131F technical issues. This can be done by clicking on “Need help? Chat with Emma” and selecting “Connect to Live Chat.”