By Jan Pederson

On August 19, 2024, USCIS began accepting applications for parole and work permission for some spouses and stepchildren of US citizens to be able to obtain their green cards in the United States without costly and lengthy trips abroad to apply for green cards.  It is estimated that approximately 500,000 spouses of citizens may be eligible and are urged to apply immediately.  In keeping with the President’s commitment to keep families together, this parole-in-place policy was implemented.  Parole is only available to persons in the United States who have not been admitted (entered without inspection) and parole applicants must be physically present in the United States.

To be eligible for the KFT program, an applicant married to American citizen spouse must meet the following requirements:

1. Have been married to an American citizen on or before June 17, 2024;
2. Have not been “admitted” to the United States (e.g. crossing a border without being inspected by CBP);
3. Be physically present in the United States;
4. Must have been continuously physically present in the United States since at least June 17, 2014;
5. Not have a disqualifying criminal history or be a threat to security; and
6. Submit biometrics and undergo background checks.

To be eligible for the KFT program as a stepchild of an American citizen, an applicant must meet the following requirements:

1. Have been under the age of 21 and unmarried on June 17, 2024;
2. Be present in the United States without admission or parole;
3. Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing the parole request;
4. 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;
5. Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
6. Submit biometrics and undergo background checks.

Summary of the Process

1. The parole request must be filed on Form I-131F and must be filed online with the supporting documents.  It must be submitted with a filing fee of $580.00.
2. If granted, the parole will be granted for three years.
3. The applicant will be required to create a USCIS online account to file the I-131F, with the filing fee and supporting documents. For instructions, go to https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account.
4. Once the parole is approved, an applicant may file an online application for employment authorization (Form I-765) with the proper filing fee and supporting documents.

Important Items

1. If you were paroled under the DACA program and returned, you will likely not be eligible for the program.
2. Travel outside the United States is not recommended during the parole period.

The Green Card Application

Once the parole is granted, the applicant is deemed “admitted to the United States” for eligibility for a green card.  There must still be an I-130 or I-360 and I-485 green card application filed (along with a request for an EAD work permit and advance parole) with USCIS.  All grounds of ineligibility will apply.

Beware of Immigration Scams

All applicants need a consultation with an experienced immigration lawyer.  Stay away from Notarios and other non-lawyers when seeking to apply for these benefits.  It is expected that immigration fraudsters will abound, guaranteeing a green card without leaving the United States to many who are not eligible.  Many non-profit organizations are available for those without the ability to pay for a lawyer.

If you have questions or are interested, please email Corey at legalassistant@wcslaw.com to schedule an appointment.