Keeping Families Together: A New Path for Certain Undocumented Spouses and Stepchildren of U.S. Citizens

October 18, 2024
A group of people are posing for a picture together.

Keeping Families Together: A New Path for Certain Undocumented Spouses and Stepchildren of U.S. Citizens

On August 19, 2024, the Department of Homeland Security (DHS) implemented “Keeping Families Together,” a process allowing certain noncitizen spouses and stepchildren of U.S. citizens to request parole-in- place.

What Is Parole-in-Place?

Parole-in-place allows specific individuals who entered the United States without presenting themselves to an immigration officer at an official checkpoint to remain in the country for up to three years and possibly apply for their green card in the United States rather than having to travel abroad to apply at a U.S. consulate.

Who May Be Eligible?

Noncitizen spouses of U.S. citizens who:

  • Are present in the United States without admission or parole;
  • Have been continuously physically present since at least June 17, 2014, through the date of filing their request; and
  • Have a valid marriage to a S. citizen on or before June 17, 2024.

Noncitizen stepchildren of U.S. citizens who:

  • Were under 21 and unmarried on June 17, 2024;
  • Are present in the United States without admission or parole;
  • Have been continuously physically present since at least June 17, 2024, and through the date of filing their request; and
  • Have a noncitizen parent who married a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th

An applicant must:

  • Not have any disqualifying criminal history;
  • Not commit acts that are a threat to public safety, national security, or border security; and
  • Undergo required background checks and national security and public safety vetting. You may be required t o go to an application support center to submit photographs and fingerprints.

If a Parole-in-Place Application Is Approved, the Applicant Can:

  • Stay in the United States legally for up to three years
  • Apply for work authorization
  • Apply for other immigration benefits, like a green card,

if you qualify

Important Considerations:

  • Each eligible family member must file separately
  • Approval is discretionary and not guaranteed
  • Criminal history or prior immigration violations may affect eligibility
  • Travel outside the United States may affect eligibility for parole status or terminate parole status once granted
  • DHS can end your parole at any time

Next Steps:

Note: This is general information, not legal advice. Immigration laws are complex and can change. Always consult a qualified immigration attorney for advice on your specific situation.

We encourage you to contact our office at 719 602 4477 if you have any questions.

Keeping Families Together: A New Path for Certain Undocumented Spouses and Stepchildren of U.S. Citizens
February 19, 2025
As part of the measures taken by the administration of Donald Trump, and as explained in an article published on WLRN.COM, the 2011 policy limiting the actions of immigration agents in "sensitive areas," such as churches, hospitals, and schools, was revoked. This decision was part of Trump’s campaign promises to tighten policies against undocumented immigrants. However, despite the policy change, immigration authorities can only access public areas of hospitals without a court order, while entry into private areas requires a warrant. WLRN.COM mentions in its article that hospitals in South Florida, such as those operated by HCA Healthcare and Jackson Health System, continue to comply with federal regulations that require emergency medical care to be provided to all individuals, regardless of their immigration status. "We provide care to all patients who come to our facilities in accordance with the Emergency Medical Treatment and Labor Act (EMTALA)," said a spokesperson for HCA Healthcare's East Florida division, which operates 14 hospitals in South Florida. EMTALA is a federal regulation that mandates hospitals to provide emergency medical services to anyone, regardless of their ability to pay, including undocumented immigrants. WLRN.COM recently interviewed Paul Chavez, director of litigation for Americans for Immigrant Justice, who stated, "Often, ICE shows up at locations with a notice stating that a search warrant is required. This does not give them any authority to search what would otherwise be private areas. Therefore, the designated person must be very careful to ensure that what they see is a real search warrant," he said. This is a brief overview of the daily challenges immigrants and the institutions that serve them face to ensure their rights are not denied. In contrast, while immigrant advocates carefully study each situation to ensure due process, efforts and intentions to make the path increasingly difficult for those living in the country illegally persist. In the state of Florida, Governor Ron DeSantis and legislators are working hard to implement new projects and enforce those already in place. Among these projects are proposals such as making it a state crime to enter Florida without legal authorization. Another measure supported by DeSantis would require the preventive detention of individuals who are in the country without legal authorization and are accused of serious crimes. New powers would allow Florida police to interrogate and arrest suspected undocumented immigrants. Similarly, the proposed bill would increase criminal penalties for undocumented immigrants who commit crimes and establish the death penalty for those convicted of capital offenses. The measure would also repeal a state law that allows Florida students who lack legal immigration status to qualify for in-state tuition at public colleges and universities. As evident, defending immigrants, especially those who are undocumented, has become an even greater challenge since Trump took office. However, at PIKES PEAK IMMIGRATION , we continue working diligently to keep families united.
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