Featured Issue: Executive Actions to Promote Family Unity

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.

Keeping Families Together – Information from USCIS

What You Need to Know

Forms and Fees

• Request for Parole in Place. You must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online through your myUSCIS account and pay a $580 filing fee. There is no paper form for this process. If you submit a request by mail using a paper application, your request will be rejected (not approved or receipted). A fee waiver is not available for Form I-131F under this process at this time.
• Employment Authorization. If you are granted parole under this process, and after your approval is issued by USCIS, you may then file Form I-765, Application for Employment Authorization. You cannot file Form I-765 and Form I-131F at the same time. If you file Form I-765 on paper, the filing fee is $520. If you file Form I-765 online, the filing fee is $470. A fee waiver is available for Form I-765.

Eligibility Criteria under Keeping Families Together
Noncitizen spouses of U.S. citizens must:

• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
• Have no disqualifying criminal history and otherwise not be deemed to be a threat to public safety, national security, or border security; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

Noncitizen stepchildren of U.S. citizens must:

• Have been under the age of 21 and unmarried on June 17, 2024;
• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
• Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
• Submit biometrics and undergo required background checks and national security and public safety vetting. *

*Consistent with the Sept. 30, 2021, Guidelines for the Enforcement of Civil Immigration Law, a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.  

All such requests for parole in place are considered on a case-by-case basis for urgent humanitarian reasons or a significant public benefit, in the exercise of discretion, taking into account the totality of the circumstances of each individual request.

USCIS is committed to program integrity and protection against fraud. Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage. In its consideration of the Form I-131F, USCIS will employ rigorous procedures to detect potential fraud concerns, ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process. 

Visit our Keeping Families Together page and our frequently asked questions page for more information about the process and eligibility requirements.

Request Process

Step 1: Create a free USCIS online account today.  

Learn How to Create a USCIS Online Account. If you already have a USCIS online account, you will need to know the email address and password you used to set up your account. If you need to change your email address associated with an existing account, watch our video tutorial.

If you move, you can easily update your address in your USCIS online account. Reporting your new address within 10 days of moving is required by law and helps ensure that you receive timely communications about your case.

Step 2:

Before you start your request online, gather the evidence you will need to submit with your Form I-131F to show you meet the eligibility criteria for this process. For noncitizen spouses of U.S. citizens, evidence of eligibility could include:

• Evidence of a legally valid marriage to a U.S. citizen that took place on or before June 17, 2024, such as a marriage certificate;
• Proof of your identity, which may include: 
  • Valid state or country driver’s license or identification; 
  • Birth certificate with photo identification; 
  • Valid passport; or 
  • Any government-issued document bearing your name, date of birth, and photo;
  • Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization;
  • Arrest records and court dispositions of any arrests, charges, and convictions (if applicable);
  • Documentation to establish your continuous physical presence in the United States since at least June 17, 2014, through the date of filing the application for parole, which may include, but is not limited to:
  • Internal Revenue Service (IRS) tax transcripts listing tax information;
  • Rent receipts or utility bills;
  • Deeds, mortgage statements, or rental agreement contracts;
  • Bank, credit card, or loan statements showing regular transactions;
  • Insurance policies;
  • Automobile license receipts, title, or registration;
  • Hospital or medical records;
  • School records (letters, report cards, etc.);
  • Attestations to your physical presence by religious entities, unions, or other civic or community organizations;
  • Official records from a religious entity confirming your participation in a religious ceremony;
  • Birth certificates of children born in the United States;
  • Money order receipts for money sent in or out of the United States;or
  • Any other document that shows that you maintained continuous physical presence in the United States for the requisite time period.

For noncitizen stepchildren of U.S. citizens, evidence of eligibility could include: 

• Birth certificate of the stepchild listing the name of their noncitizen natural parent;
• Proof of the child’s identity (as listed above);
• Proof of the U.S. citizenship status of the stepparent (as listed above);
• Evidence establishing a legally valid marriage between the noncitizen stepchild’s noncitizen parent and the noncitizen stepchild’s U.S. citizen stepparent took place on or before June 17, 2024, such as a marriage certificate;
• Evidence establishing the child’s continuous physical presence in the United States since at least June 17, 2024, through the date of filing the application for parole, such as school records (letters, report cards, etc.) and hospital or medical records (see list above); and
• Arrest records and court dispositions of any arrests, charges, and convictions (if applicable). 

 Step 3: Beware of Scams 

• Please be cautious and know how to Report Immigration Scams on our webpage.
• Be aware that in the United States, a notario público is not authorized to provide you with any legal services related to immigration. Only an attorney licensed to practice law in the United States or an accredited representative working for a Department of Justice-recognized organization can give you immigration-related legal advice.  
• Do not pay to obtain government application forms – all forms are free, and you can access them at gov/forms. This includes Form I-131F, which can only be filed online through the USCIS online account for this process and not by paper form. 
• Visit our Avoid Scams page for more information on how to help safeguard your information and avoid becoming a victim.

Step 4: Don’t miss updates. We will periodically update the frequently asked questions about this process on our website. 

• Stay informed by signing up for email updates. You can subscribe to various topics including this process.
• Visit our Outreach page for any national and local engagements related to this and other topics.