What to Expect after Filing the I-131F Online Application for Parole In Place for Undocumented Spouses or Stepchildren of U.S. Citizen
This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.
Please note that the receipt notice can also be accessed on your myUSCIS portal
The Biometrics Appointment
Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.
Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).
If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.
Receiving a Decision
Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a
3-year period.
As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:
Your criminal historyThe existence of removal proceedings
Unexecuted final removal orders
- The results of background checks, including national security and public safety vetting Positive and adverse factors presented
- Any other relevant information available to or requested by USCIS.
- Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.
- Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. You may also be ineligible to receive parole in place if you have certain criminal convictions. After Parole Approval – Apply for a SSN and Work Permit using Form I-765
- Those granted parole under Keeping Families Together are granted parole for The form can be submitted online or by mail. You can submit the form online or by post.
If your Social Security number is not yet assigned, you can request one in Part 2 of the Form I-765 (Items Please contact them for additional documentation that must be presented. Please contact them for additional documentation that must be presented.
Filing Form I-130 (or I-360 for Widows/ers) and I-485 Adjustment of Status to Permanent Residence
To establish your eligibility for a green card after a grant of parole in place, your petitioning U.S. citizen spouse or stepparent must file Form I-130, Petition for Alien Relative along with Form I-485 Application to Register Permanent Residence or Adjust Status (green card application).
If you are filing Form I-130/485 based on marriage to a U.S. Citizen, you must demonstrate that have a bona fide marriage. If you are filing Form I-130/485 for a stepchild, you must demonstrate a bona fide stepparent-stepchild relationship.
Widow(er)s of U.S. Citizens and their children must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS along with Form I-485.
After filing these petitions, USCIS will review your eligibility and process your applications. Spouses of U.S. Citizens will be required to attend an in-person interview as a couple to demonstrate the bonafides of the marriage.
Filing Form I-485 (Green Card Application)
Please note that in order to file Form I-485, Application to Register Permanent Residence or Adjust Status (a green card) with USCIS, you must have an approved I-130 immigrant petition with a visa immediately available and you must be otherwise admissible to the United States.
Termination of Parole in Place
If you have been granted parole in place through Keeping Families Together, your parole will automatically be terminated if:
You depart the United States or
Your parole period expires.
DHS can also terminate your parole upon written notice at any time, at its discretion. The issuance of a Notice to Appear (NTA) for example constitutes written notice of termination of your parole unless otherwise specified.
WARNINGS: DO NOT travel outside of the United States
Beneficiaries of parole in place through Keeping Families Together must
NOT
depart the United States, because parole does not authorize re-entry into the United States after departure.
Parole will automatically terminate for those who depart the United States after being granted parole in place.
- Departing the United States without first obtaining an Advance Parole Document leads to very serious immigration consequences and ineligibility for future immigration benefits. Please consult your attorney before making travel plans. Re-entry is never guaranteed even when traveling with an authorized advance parole document issued by USCIS.
- Parole in Place Denials
Those whose are denied parole in place under Keeping Families Together should
not
be issued a Notice to Appear (NTA) nor should they have their cases referred to U.S. Immigration and Customs Enforcement (ICE) for enforcement solely based on a denial of parole in place, unless the Department of Homeland Security (DHS) determines that you pose a threat to national security, public safety, or border security.Frequently Asked QuestionsQ: What is the processing time for PIP applications?
USCIS has not provided an estimated processing time for the Form I-131F. In its Form I-131F Filing Guide, USCIS has simply said that applicants can follow up on a pending Form I-131F application after 90 days.
Q: What document will I receive upon approval of my PIP application?If your Form I-131F is approved, you will receive a Form I-797 Approval notice indicating the parole in place validity period (up to three years) with a copy of your newly issued I-94 record of inspection.Q: Can I start working with my PIP approval?
No. You cannot automatically start working once your parole in place is approved. You can file your I-130 and I-485 adjustment status applications at any time after your PIP application has been approved. You should file as soon you are eligible, in case there is a future legal challenge to the program. Please speak with your attorney to discuss your eligibility for adjustment of status and the recommended filing period.
Q: If my PIP application is denied, will I be placed into removal proceedings?An individual whose PIP application is denied will generally not be issued a Notice to Appear (NTA) in immigration court or have their case referred to Immigration and Customs Enforcement (ICE) for possible enforcement action based solely on the PIP denial.However, if DHS finds that an individual is a threat to national security, public safety, or border security, they may be subject to removal.
For more information, please contact our office for a consultation.
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