President Biden’s Action on Spouses of U.S. Citizens

President Biden’s Action on Spouses of U.S. Citizens

On September 11, 2024, the Fifth Circuit Court of Appeals extended until at least October 10, 2024 the current temporary stay preventing USCIS from approving Keeping Families Together parole applications. During this time, USCIS may continue to accept and process these parole applications but may not grant them. USCIS is continuing to accept applications and to schedule and collect biometrics.

The Fifth Circuit also scheduled a hearing on October 10 on Justice Action Center and Make the Road New York’s request to intervene in the lawsuit Texas v. DHS on behalf of 11 directly impacted individuals and the Coalition for Humane Immigrant Rights (CHIRLA). These potential intervenor defendants are seeking to become parties to the case so that their perspectives may be considered by the court. We are proud of AFU member Foday Turay who is one of the intervenor defendants. Intervenors appealed their request to the Fifth Circuit Court of Appeals after a federal court in Texas initially denied their motion. The Fifth Circuit is hearing oral arguments on that appeal on October 10.

AFU will continue to monitor the situation and provide further updates.

On August 26, 2024, at 8:00 pm (ET), a federal court in Texas issued a temporary stay preventing USCIS from approving Keeping Families Together parole applications for 14 days. 

The judge’s order came the same day as Justice Action Center and Make the Road New York filed a motion to intervene in the lawsuit Texas v. DHS on behalf of 11 directly impacted individuals and the Coalition for Humane Immigrant Rights (CHIRLA). 

“An order like this is an extreme measure that — by law — should only be taken in the most urgent of situations,” said Karen Tumlin, Founder and Director of Justice Action Center. “This case does not meet that test. To halt a process for which Texas has not been able to provide an iota of evidence that it would harm the state is baffling. This is heart-breaking for our clients and the thousands of couples who hope to benefit from this process and be able to live without fear that their family will be separated.” 

“We filed our Motion to Intervene today to demand that the court understand the lives impacted by the order just given,” said Harold Solis, Co-Legal Director of Make the Road New York. “We hope the court will rule swiftly in favor of our Motion so that our clients will finally have their perspectives considered, as their family unity and stability hangs in the balance. We will continue to fight for as long as needed to ensure that the Keeping Families Together process remains intact,” he added.

Texas and the other 15 states had sought a Temporary Restraining Order (or TRO) to block the implementation of the Keeping Families Together parole process. The federal government had asked the court to at least allow them until August 28 to oppose that TRO request. The court opted to order what it called “an administrative stay,” for an initial period of 14 days, prohibiting the federal government from issuing any grants of parole in place. It is important to note that applications for parole in place, however, can still be accepted. While the court’s order is called an administrative stay, it has the same legal effect as a TRO.

 

On August 19, 2024, DHS published more details about the Keeping Families Together Parole in Place program. We are working with trusted legal experts to analyze these details and to answer your questions. 

The application opened on August 19. However, the eligibility requirements for this program are complex and brand new. Understanding the details, and making informed risk assessments about your specific situation, is extremely important. Please consult with a fully qualified nonprofit legal service provider or an expert licensed immigration attorney in good standing BEFORE taking any steps in your case. We are taking time to analyze the details to get you the most accurate information possible, and to help you connect with legal services in your area. Please keep coming back to this resource page for further information.To stay in the know, sign up for our list on the right-hand side of this page. 

On June 18, 2024, President Biden announced administrative action directing DHS to process parole applications for certain undocumented spouses of U.S. citizens. 

Fraud Alert! Beware of scams or false promises by notarios and other attorneys or consultants who promise immediate results or special solutions in order to take your money. Consult a qualified immigration professional. Here’s where you can learn more about how to protect yourself and find the right help. 

More details about eligibility will be forthcoming. Individuals may be eligible for this process if they:   

  • Are present in the United States without admission or parole;
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024;
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
  • Do not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
  • Otherwise merit a favorable exercise of discretion.

We are sure that, like us, you are anxious for relief for your family. American Families United and ABIC is advocating directly with the administration. We are committed to providing you with accurate and timely information you can trust. 

If you think you or a loved one may benefit from this policy, please fill out the form below. As soon as accurate information from the administration becomes available, we will provide it to you as soon as possible.

Here are some resources for you:

Parole In Place Webinar Recordings, Slides & Resources

  • Parole in Place (PiP) for Spouses of U.S. Citizens: Deep Dives & Updates - Recording here & Slide Deck here (Wednesday, August 21st, 2024)
  • What to Know About the New Parole in Place Process for Spouses of U.S. Citizens - Slide Deck here (Monday, August 19th, 2024)

More Resources

How can I get ready?

  • This application can only be submitted online through your USCIS account. Create an online USCIS account by following the instructions here https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account  if you do not already have one.
    • Now is a good time to speak to a trustworthy legal service provider about your case! It is important to seek expert advice to determine program eligibility, assess the risks and benefits, and see if you may qualify for other immigration protections as well. 

 

 

  • Stay informed! Keep coming back to this site for updates.