Questions related to potential beneficiaries
If my request for Keeping Families Together is approved, will I accrue unlawful presence?
A. No. If you are granted parole in place under Keeping Families Together, you are in a period of authorized stay, which means you do not accrue unlawful presence while your parole remains valid (that is, not expired or terminated). Importantly, however, if you receive parole in place under Keeping Families Together, it does not erase any unlawful presence accrued before the start of your parole period. Furthermore, a pending request for parole in place does not stop the accrual of unlawful presence.
If your parole expires or is otherwise terminated, you will begin accruing unlawful presence unless you are maintaining or obtain another status during the parole period. Parole may be terminated at any time in DHS’s discretion upon a determination that parole is no longer warranted, for example, following the commission of criminal conduct. It is recommended that you apply for lawful permanent resident status as soon as possible after obtaining parole in place under this process. For more information on applying for lawful permanent resident status.
I was lawfully admitted to the United States on a nonimmigrant visa but overstayed my period of authorized stay. Am I eligible for parole in place under the process?
A. No. By law, parole is only available to noncitizens who are “applicants for admission” under Section 235(a) of the INA, 8 U.S.C. § 1225(a). Therefore, parole in place under this process may be granted only to certain individuals who are present in the United States without admission. This process is not available to those who were previously lawfully admitted to the United States. However, an individual may be eligible to apply for adjustment of status to that of lawful permanent resident (LPR) without parole in place if previously lawfully admitted and applying as an immediate relative of a U.S. citizen.
If I am in removal proceedings that are pending before an immigration judge, am I eligible for this process? Who will decide my parole application?
A. Noncitizens in removal proceedings may apply for parole in place under this process before USCIS if they otherwise qualify under this process. USCIS will weigh, on a case-by-case basis, the existence and circumstances of the removal proceedings, as well as the applicant’s positive equities, in determining whether to grant parole in place. However, a noncitizen who is in removal proceedings because they are an enforcement priority under the Guidelines for the Enforcement of Civil Immigration Law, issued by Secretary Mayorkas in September 2021, will be disqualified from receiving parole in place pursuant to this process.
If my parole request is pending and I am encountered by CBP or ICE, will I be placed into removal proceedings?
A. The Guidelines for the Enforcement of Civil Immigration Law direct the Department to focus its limited resources on noncitizens who pose a threat to our national security, public safety, or border security. The Guidelines remain in effect. An application under this process does not prevent CBP or ICE from taking enforcement action against an individual when otherwise appropriate under applicable law and policy. CBP and ICE reserve the discretion to place these noncitizens in removal proceedings.
If USCIS denies my application for parole, will I be placed in removal proceedings?
A. If USCIS denies a request for parole, USCIS maintains discretion to issue a Notice to Appear (NTA) or refer the case to ICE for possible enforcement action consistent with the Guidelines for the Enforcement of Civil Immigration Law issued by Secretary Mayorkas on Sept. 30, 2021.
If I have criminal history, can I apply for parole under this process?
A. All applicants will undergo national security and public safety vetting as part of this process. Those who pose a threat to national security or public safety will be disqualified from this process and, where appropriate, may be referred for law enforcement action. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.
Disqualifying criminal history includes criminal convictions that are likely to render the individual statutorily ineligible for adjustment of status, as well as convictions that do not render noncitizens statutorily ineligible for adjustment of status but nevertheless warrant their disqualification from this process in the exercise of discretion. Further guidance on this topic is forthcoming.
Can the undocumented child of a noncitizen spouse covered by this policy also be considered for a grant of parole in place under the process?
A. Noncitizen children of potential requestors may be considered for parole in place under this process along with their noncitizen parent, if the child is physically present in the United States without admission or parole as of June 17, 2024, and has a qualifying stepchild relationship to a U.S. citizen as of that date. To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday. Further guidance on this topic is forthcoming.
Employment Authorization
If I am approved for parole, when can I apply for an employment authorization document (EAD)? Can I apply for an EAD at the same time as when I apply for parole?
An individual who is granted parole is immediately eligible to apply for an EAD from USCIS.