In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.
What to Expect After Filing Form I-131F Parole in Place
Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.
Please note that the receipt notice can also be accessed on your myUSCIS portal
The Biometrics Appointment
Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.
Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).
If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.
Receiving a Decision
Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.
As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:
- Your criminal history
- The existence of removal proceedings
- Unexecuted final removal orders
- The results of background checks, including national security and public safety vetting Positive and adverse factors presented
- Any other relevant information available to or requested by USCIS.
Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.
Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process. Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.
After Parole Approval – Apply for a Work Permit and SSN using Form I-765
Those who are granted parole in place under Keeping Families Together will be granted parole for a period of up to 3 years.
A grant of parole in place satisfies the requirement under INA section 245(a) that the applicant has been inspected and paroled by an immigration officer. Those whose parole has been approved will receive an I-797 Approval Notice containing an I-94 arrival/departure record as proof of their parole.
Such individuals are eligible to apply for an Employment Authorization Document also known as a work permit by filing Form I-765, Application for Employment Authorization with USCIS using the (c)(11) category code along with the required filing fee or a fee waiver request. The form can be filed online or by mail.
If you do not already have a Social Security number (SSN), you can apply for one on the Form I-765 by requesting an SSN in Part 2 (Items 13.a-17.b) of the Form.
Once USCIS has approved your Form I-765, your information will be sent to the Social Security Administration, and they will assign you an SSN and issue you a Social Security card and send it by mail directly to the address you provided on Form I-765.
You may also obtain a driver’s license at your local Department of Motor Vehicles. Generally, you must present a copy of your I-131F approval notice and your Employment Authorization Document (EAD) at your local DMV. Please contact them for additional documentation that must be presented.
Filing Form I-130 (or I-360 for Widows/ers) and I-485 Adjustment of Status to Permanent Residence
To establish your eligibility for a green card after a grant of parole in place, your petitioning U.S. citizen spouse or stepparent must fileForm I-130, Petition for Alien Relative along with Form I-485 Application to Register Permanent Residence or Adjust Status (green card application).
If you are filing Form I-130/485 based on marriage to a U.S. Citizen, you must demonstrate that have a bona fide marriage. If you are filing Form I-130/485 for a stepchild, you must demonstrate a bona fide stepparent-stepchild relationship.
Widow(er)s of U.S. Citizens and their children must fileForm I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS along with Form I-485.
After filing these petitions, USCIS will review your eligibility and process your applications. Spouses of U.S. Citizens will be required to attend an in-person interview as a couple to demonstrate the bonafides of the marriage.
Filing Form I-485 (Green Card Application)
Please note that in order to file Form I-485, Application to Register Permanent Residence or Adjust Status (a green card) with USCIS, you must have an approved I-130 immigrant petition with a visa immediately available and you must be otherwise admissible to the United States.
Termination of Parole in Place
If you have been granted parole in place through Keeping Families Together, your parole will automatically be terminated if:
- You depart the United States or
- Your parole period expires.
DHS can also terminate your parole upon written notice at any time, at its discretion. The issuance of a Notice to Appear (NTA) for example constitutes written notice of termination of your parole unless otherwise specified.
WARNINGS: DO NOT travel outside of the United States
Beneficiaries of parole in place through Keeping Families Together must NOT depart the United States, because parole does not authorize re-entry into the United States after departure.
Parole will automatically terminate for those who depart the United States after being granted parole in place.
Departing the United States without first obtaining an Advance Parole Document leads to very serious immigration consequences and ineligibility for future immigration benefits. Please speak with your attorney before making any travel plans. Re-entry is never guaranteed even when traveling with an authorized advance parole document issued by USCIS.
Parole in Place Denials
Those whose are denied parole in place under Keeping Families Together should notbe issued a Notice to Appear (NTA) nor should they have their cases referred to U.S. Immigration and Customs Enforcement (ICE) for enforcement solely based on a denial of parole in place, unless the Department of Homeland Security (DHS) determines that you pose a threat to national security, public safety, or border security.
Frequently Asked Questions
Q: What is the processing time for PIP applications?
USCIS has not provided an estimated processing time for the Form I-131F. In its Form I-131F Filing Guide, USCIS has simply said that applicants can follow up on a pending Form I-131F application after 90 days.
Q: What document will I receive upon approval of my PIP application?
If your Form I-131F is approved, you will receive a Form I-797 Approval notice indicating the parole in place validity period (up to three years) with a copy of your newly issued I-94 record of inspection.
Q: Can I start working with my PIP approval?
No. You are not automatically eligible to start working after approval of your parole in place. In order to work in the U.S., you must apply for an employment authorization document (EAD) by filing Form I-765 with USCIS and paying the filing fee or requesting a fee waiver.
After receiving your EAD work permit, you will be authorized to work for the duration of its validity.
Q: After my PIP is approved, when can my I-130 and Form I-485 adjustment of status application be filed?
Once your PIP application is approved, your adjustment of status application (and Form I-130 or I-360 immigrant visa petition, if not already filed) may be filed at any time during the parole in place validity period (3 years).
Your adjustment of status application must be filed before your PIP validity period ends. It is important to file as soon as you are eligible to do so, in case of a legal challenge to the program in the future. Please speak with your attorney to discuss your eligibility for adjustment of status and the recommended filing period.
Q: If my PIP application is denied, will I be placed into removal proceedings?
An individual whose PIP application is denied will generally not be issued a Notice to Appear (NTA) in immigration court or have their case referred to Immigration and Customs Enforcement (ICE) for possible enforcement action based solely on the PIP denial.
However, if DHS finds that an individual is a threat to national security, public safety, or border security, they may be subject to removal.
For more information, please contact our office for a consultation.
Contact Us.If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.
Helpful Links
- USCIS Publishes Filing Guide for Keeping Families Together
- USCIS Filing Guide for Form I-131F (PDF, 9.33 MB)
- USCIS Keeping Families Together Parole Webpage
- Form I-131F
- Form I-130 Petition for Alien Relative
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-765 Application for Employment Authorization
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Breaking Down President Biden’s Executive Order Granting Legal Protections to Undocumented Spouses of U.S. Citizens, and Creating Opportunities for Dreamers
- USCIS Announces Parole in Place Application Process for Undocumented Spouses of U.S. Citizens Opens August 19th
- FACT SHEET: President Biden Announces New Actions to Keep Families Together
- Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families
- Blog: Analisando la Orden Ejecutiva del Presidente Biden Que Otorga Protección Legal a Los Cónyuges Indocumentados De Ciudadanos Estadounidenses y Oportunidades Para Dreamers
- Blog: Breaking Down President Biden’s Executive Order Granting Legal Protections to Undocumented Spouses of U.S. Citizens, and Creating Opportunities for Dreamers
- Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- USCIS Processing Times
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
- Youtube channel
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