Keeping Families Together Parole-In-Place Resources

USCIS has started accepting applications for a new parole program, Keeping Families Together Parole-In-Place (PIP), specifically designed for spouses and step-children of U.S. citizens. Keeping Families Together PIP allows certain noncitizen spouses and stepchildren of U.S. citizens to remain in the U.S. while they await the adjudication of their immigration applications. 

Applications can only be filed online. 

What is Parole-In-Place?

To adjust status through an immediate relative, like a U.S. citizen spouse, applicants typically need lawful admission or parole. Without these or a LIFE Act waiver, they are barred from adjustment and must undergo consular processing in their home countries. However, those with at least a year of unlawful presence face a significant challenge: a ten-year re-entry ban after traveling abroad for the visa interview.

To mitigate this family separation and long wait times for a waiver abroad, USCIS introduced the I-601A provisional waiver. This allows applicants to seek a waiver before leaving the U.S. Unfortunately, it is backlogged, requires separation from loved ones, and offers no guarantee of approval.

To address some of these issues, the Biden Administration launched the Keeping Families Together Parole-In-Place (PIP) program. This enables eligible spouses and stepchildren of U.S. citizens to obtain parole for adjustment without leaving the country, effectively eliminating the need for a provisional waiver and consular processing.

Eligibility

To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet these eligibility criteria:

If you are the noncitizen spouse of a U.S. citizen, you 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 convictions 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.

If you are the noncitizen stepchild of a U.S. citizen, you 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 your 18th birthday;

• • Have no disqualifying criminal convictions 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.

Disqualifying Criminal History

If you have a felony conviction, including felony DUI, you are not eligible for this program. Noncitizens who were under the age of 18 but convicted of a felony or a disqualifying misdemeanor are also considered to have disqualifying criminal history and are not eligible for this process.

The following convictions, regardless of whether or not they are classified as a felony or misdemeanor will also disqualify the requestor:

• • Murder, torture, rape, or sexual abuse;

• • Offenses involving firearms, explosive materials, or destructive devices;

• • Offenses relating to peonage, slavery, involuntary servitude, and trafficking in persons;

• • Aggravated assault;

• • Offenses relating to child pornography, sexual abuse or exploitation of minors, or solicitation of minors;

• • Domestic violence, stalking, child abuse, child neglect, or child abandonment; and

• • Controlled substance offenses (other than simple possession of 30 grams or less of marijuana)

All other criminal convictions, excluding minor traffic offenses, will result in a rebuttable presumption of ineligibility for parole in place. A requestor can rebut this presumption by weighing the seriousness of the conviction against mitigating factors relating to the conviction as well as other positive factors that suggest that the noncitizen merits a favorable exercise of discretion. According to USCIS, factors that can be considered in overcoming the presumption may include, for example:

• • Age of the conviction(s) (remoteness in time);

• • Requestor’s age at the time of the offense and conviction, including whether the requestor was a juvenile at the time of the offense;

• • Sentence or penalty imposed;

• • Evidence of subsequent rehabilitation;

• • Nature of the conviction, including whether the conduct at issue was nonviolent;

• • Whether the conviction was an isolated offense when considered against the rest of the requestor’s history (including consideration of whether multiple criminal convictions were on the same date and may have arisen out of the same act);

• • Existence of a mental or physical condition that may have contributed to the criminal conduct;

• • Requestor’s particular vulnerability, including any physical or mental condition requiring treatment or care in the United States;

• • Requestor’s status as a victim of or witness to criminal activity, including domestic violence, or civil rights violation or labor rights violation under investigation by a labor agency, particularly if related to the criminal conduct at issue;

• • Requestor’s status, or that of their U.S. citizen spouse, as a current or former member of the U.S. military;

• • Requestor’s status as the primary caregiver for a U.S. citizen child or elderly parent or in-law;

• • Evidence of requestor’s good character, such as property ties, business ties, or value and service to the community;

• • Length of requestor’s presence in the United States;

• • Requestor’s status as a caregiver for an individual with disabilities, including U.S. citizen in-laws or siblings;

• • Impact on other family members, including family members who are U.S. citizens and LPRs or

• • Other factors USCIS considers relevant in its exercise of discretion.

If you have a misdemeanor conviction, it is advisable to reach out to an experienced and licensed attorney for assistance with mitigating the offense.

Removal Proceedings

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Resources

• • USCIS I-134F Filing Guide
  • USCIS FAQS
  • Checklist with Continuous Presence Tracker
  • PDF Organizer for Continuous Presence Documents 
  • Federal Register Notice