The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have recently taken a significant step forward in promoting family unity by introducing the "Keeping Families Together" process. Announced on August 19, 2024, this initiative aims to provide certain noncitizen spouses and stepchildren of U.S. citizens with a streamlined pathway to lawful permanent residence, addressing the uncertainties and barriers that have long plagued these families.

A Commitment to Family Unity and National Security

At the heart of the "Keeping Families Together" process is a commitment to preserving the integrity and unity of U.S. families. Too often, noncitizen spouses—many of whom are mothers, fathers, and integral members of American communities—face undue challenges in their pursuit of lawful status in the United States. This new process seeks to remove these barriers, allowing eligible individuals to live and work lawfully in the U.S., thus contributing to the economic prosperity of their communities and the nation as a whole.

As highlighted by USCIS Director Ur M. Jaddou, "Too often, noncitizen spouses of U.S. citizens – many of them mothers and fathers – live with uncertainty due to undue barriers in our immigration system." The "Keeping Families Together" process not only aims to provide relief for these families but also ensures that those who contribute to American society are given the opportunity to do so without the looming threat of separation.

Eligibility Criteria and Application Process

The "Keeping Families Together" process is open to noncitizen spouses and stepchildren of U.S. citizens who meet specific eligibility criteria. These criteria are designed to ensure that only those with a genuine connection to U.S. citizens and communities can benefit from this process:

For Noncitizen Spouses:

• Must be present in the United States without admission or parole.
• Have been continuously physically present in the U.S. since at least June 17, 2014.
• Must have a legally valid marriage to a U.S. citizen on or before June 17, 2024.
• Must have no disqualifying criminal history or pose any threats to public safety, national security, or border security.
• Must submit biometrics and undergo required background checks and vetting.

For Noncitizen Stepchildren:

• Must have been under the age of 21 and unmarried on June 17, 2024.
• Must be present in the U.S. without admission or parole.
• Must have been continuously physically present in the U.S. since at least June 17, 2024.
• Must have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday.
• Must have no disqualifying criminal history or pose any threats to public safety, national security, or border security.
• Must submit biometrics and undergo required background checks and vetting.

Eligible individuals can submit Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online through the myUSCIS platform. The filing fee for this application is $580, and fee waiver requests will not be accepted. USCIS has also committed to ensuring program integrity by employing rigorous procedures to detect and prevent fraudulent marriages and other forms of fraud.

Implications and Impact

The introduction of the "Keeping Families Together" process is a testament to USCIS's dedication to creating an immigration system that is fair, efficient, and reflective of America's values. By providing a clear and attainable pathway for noncitizen spouses and stepchildren of U.S. citizens, this initiative strengthens the fabric of American society, supports family stability, and enhances national security.

Moreover, this process aligns with longstanding policies supported by Congress, including similar provisions for family members of U.S. military personnel and veterans. With an estimated 500,000 noncitizen spouses and 50,000 noncitizen stepchildren potentially eligible, the "Keeping Families Together" process could significantly reduce the strain on U.S. government resources while fostering stronger diplomatic relationships with partner countries.

At Saluja Law, we recognize the profound impact that family unity has on individuals and communities. We applaud this initiative by DHS and USCIS and are committed to assisting eligible clients in navigating the "Keeping Families Together" process. If you or a loved one believes you may be eligible, we encourage you to reach out to our office for guidance and support in taking this important step toward securing lawful permanent residence in the United States.