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President Joe Biden introduced the “Keeping Families Together Act,” which aims to accelerate the process of obtaining green cards for undocumented spouses and children. The program will allow eligible people to apply without leaving the country. Before the Biden administration introduced the new legislation, those who applied had to leave the United States and apply under consular processing, often with help from a seasoned immigration attorney.

However, the petition often triggers a ten-year bar, preventing them from re-entering the country if it becomes apparent they have lived in the U.S. for a year or longer. The legislation seeks to prevent the separation of families with established lives and ties in the country. A Biden’s Keeping Families Together Act lawyer can help you and your family navigate the process.

Parole in Place for Families of U.S. Citizens

The Parole in Place (PIP) program allows undocumented spouses and stepchildren of U.S. citizens to apply to remain in the country while pursuing permanent residency. Understanding the requirements to ensure eligibility for applying is essential. In August, 2024, the Eastern District of Texas issued an administrative stay to hold application approvals under the program. However, those seeking relief may continue submitting applications.

Eligibility to Apply

Nonimmigrant spouses who wish to apply for permanent residency under the program must meet the following eligibility requirements:

  • Currently in the U.S. without a current parole or admission in place, presiding in the country since June 17, 2014
  • Legally married to a U.S. citizen since at least June 17, 2024
  • Criminal history is free of disqualifying convictions
  • Ability to pass background checks, including public safety, national, and border security evaluation

The requirements for stepchildren are the same, except they must have been under 21 as of June 17, 2024, and their parents must have married on or before June 17, 2024. A Keeping Families Together Act attorney could review cases and help determine eligibility.

The Application and Approval Process

The U.S. Citizenship and Immigration Services (USCIS) evaluates each petition on a case-by-case basis to determine if parole is appropriate. They review evidence such as applicants’ immigration history, criminal record, and background check results.

The petitioner must submit the application, supporting documentation, and applicable filing fees. While the administration stays in place, the USCIS will continue accepting the forms and scheduling biometric appointments. However, the agency will only grant parole requests once it receives permission from the federal government to proceed. A Keeping Families Together Act Lawyer could help prepare the application, gather the documentation and handle communication with the agency.

Call a Seasoned Biden’s Keeping Families Together Act Attorney Today to Learn More

Recently introduced legislation aims to keep eligible families together to prevent harm that can occur from long-term separation. Though a governmental stay is in place, a qualified Biden’s Keeping Families Together Act lawyer could help families prepare their applications to initiate the process. The agency will begin processing petitions immediately when the federal courts lift the stay.

A knowledgeable legal professional could answer your questions, help determine eligibility, and guide you through the complex process when the USCIS receives approval to proceed. Call today to schedule an appointment to begin preparing your petition.