Areas of Practice
I131f Parole in Place
Things to Know Now
Main Requirements for Form I-131f
The official form I-131f, Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens is now available for filing at SSD Law Firm PC. Under the Biden Administration, this form is used for the new expansion to the Parole in Place (PIP) Program that went live as of August 19, 2024. This program is also called the “Keeping Families Together” program by U.S. Citizenship and Immigration Services. The major points to know are:
- Form I-131F must be filed Online Only. All paper forms will be rejected.
- Used for Spouses of U.S. Citizens and for Stepchildren of U.S. Citizens
- Separate Form must be filed for each Applicant
- Filing Fee for Form I-131F is $580 to USCIS
- Can be Used for Applicants that are or were in Immigration Court Proceedings
- May become Eligible for Lawful Permanent Residence After Approval
What is I-131F Form Used For?
The I-131F form has recently undergone significant changes due to the implementation of the “Keeping Families Together” initiative, which began on August 19, 2024. This form, now officially titled “Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens,” allows eligible noncitizens to request permission to remain in the United States temporarily under specific conditions.
This program is particularly focused on addressing situations where noncitizen spouses or stepchildren of U.S. citizens are in the United States without lawful admission or parole. The new rule under the “Keeping Families Together” initiative enables these individuals to apply for Parole in Place (PIP), allowing them to stay in the U.S. without having to leave the country, which has historically been a challenging and often disruptive requirement for families.
The I-131F form can only be filed online, and each applicant, including children, must submit a separate application. The process requires creating a USCIS online account, through which all submissions and subsequent communications will be managed.
If granted, the parole typically lasts for up to three years and allows the recipient to remain in the U.S. legally during that period. However, it’s important to note that this grant of parole does not directly confer eligibility for other immigration benefits, such as lawful permanent residency. Applicants must still navigate additional legal processes to adjust their status if they wish to pursue permanent residency.
This new process represents a significant shift in U.S. immigration policy, aiming to reduce the hardships caused by family separation and offering a legal pathway to remain in the country while pursuing further immigration benefits.
Who is Eligible to File Form I-131f?
The I-131F form, recently revamped under the “Keeping Families Together” initiative, is specifically designed for certain noncitizens who are married to U.S. citizens or are the stepchildren of U.S. citizens. This form is used to request Parole in Place (PIP), a discretionary benefit that allows these individuals to remain in the United States temporarily, despite not having been admitted or paroled into the country lawfully. Eligibility to file the I-131F form is determined by several criteria, which are strictly enforced by U.S. Citizenship and Immigration Services (USCIS).
Eligibility Criteria for Spouses of U.S. Citizens
To be eligible to file the I-131F form under the “Keeping Families Together” initiative, the applicant must meet the following conditions:
Marriage to a U.S. Citizen
The applicant must be legally married to a U.S. citizen. This marriage must be valid under the laws of the jurisdiction where it took place, and the marriage must have occurred on or before June 17, 2024. The marriage must be ongoing at the time of filing, and it must be genuine, meaning that it was not entered into solely for the purpose of obtaining immigration benefits.
Continuous Physical Presence
The noncitizen spouse must have been physically present in the United States for at least ten years before June 17, 2024. This presence must have been continuous, meaning that the individual did not leave the country during this period. Short trips outside the United States may be allowed under certain circumstances, but they must not disrupt the continuity of the physical presence.
No Admission or Parole
The applicant must be present in the United States without lawful admission or parole. This means that the individual entered the U.S. without inspection or overstayed a visa and has remained in the country unlawfully.
Security and Safety Requirements
The applicant must not pose a threat to national security, public safety, or border security. This is determined through rigorous background checks, including biometrics collection. Individuals with disqualifying criminal records, such as certain felony convictions or those who are subject to removal orders, may not be eligible for parole under this process.
Eligibility Criteria for Stepchildren of U.S. Citizens
Stepchildren of U.S. citizens may also be eligible to file the I-131F form if they meet the following requirements:
- Parental Marriage: The noncitizen stepchild’s parent must have been married to a U.S. citizen on or before June 17, 2024, and this marriage must have occurred before the stepchild’s 18th birthday.
- Age and Marital Status: The stepchild must have been under 21 years old and unmarried as of June 17, 2024.
- Continuous Physical Presence: Similar to the requirements for spouses, the stepchild must have been continuously physically present in the United States since at least June 17, 2024.
- Security and Safety Requirements: The stepchild must also pass the security and background checks, similar to those required for spouses.
Application Process and Considerations
The I-131F form must be filed online through the USCIS website, and a separate form must be submitted for each individual requesting Parole in Place. Each applicant, including minor children, must have a USCIS online account through which they can file the form, track its status, and receive communications from USCIS. Once the form is filed, USCIS will review the application on a case-by-case basis, considering whether the applicant meets all the eligibility criteria and whether granting parole would serve significant public benefit or humanitarian purposes. The grant of parole under this process does not automatically confer other immigration benefits, such as lawful permanent resident status, and it is typically granted for a period of up to three years.
Required Evidence and Supporting Documents for I-131f
Proof of Relationship
- Marriage Certificate: For spouses, a legally valid marriage certificate showing the date and place of marriage is essential. This document must prove that the marriage occurred on or before June 17, 2024.
- Stepchild’s Birth Certificate: For stepchildren, the birth certificate must be submitted to demonstrate the relationship to the parent, along with the marriage certificate showing the parent’s marriage to the U.S. citizen occurred before the child turned 18 and before June 17, 2024.
Proof of Continuous Physical Presence
- Affidavits: Signed statements from individuals who can attest to the applicant’s continuous presence in the United States.
- Employment Records: Pay stubs, tax returns, or employment verification letters covering the required period.
- Utility Bills, Rent Receipts, or Lease Agreements: Documents demonstrating residency in the U.S. over the required ten-year period.
- School Records, Transcripts, Report Cards from schools that you attended while in the U.S. demonstrating where and when you attended
- Immigration Documents: INS or DHS documents stating your date of entry into the U.S..
Evidence of Identity and Nationality
- Passport or National ID: Copies of the applicant’s passport or national identification card.
- Proof of U.S. Citizenship of Spouse/Parent: U.S. passport, birth certificate, or naturalization certificate of the U.S. citizen spouse or parent.
Security and Background Checks
- Biometrics: Applicants must submit to fingerprinting and provide photographs. These biometrics are used to perform background checks to ensure the applicant does not pose a threat to public safety or national security.
Additional Documentation
- Proof of Current Status: Any documents related to the applicant’s current or past immigration status, including visas or notices from USCIS.
- Affidavits of Support: Optional but can bolster the case by showing financial and emotional support from the U.S. citizen spouse or parent.
How to File I-131f?
The I-131F form, used for requesting Parole in Place (PIP) under the “Keeping Families Together” initiative, must be filed online at the USCIS website. Applicants, including minor children, are required to create a USCIS online account to submit the form. The form is not available in paper format, and each individual requesting parole must file a separate online application. This process ensures secure and efficient submission, tracking, and communication with USCIS throughout the application process.
Applying if You Have a Criminal Record
Eligibility to file the I-131F form under the “Keeping Families Together” initiative can be significantly impacted by the applicant’s criminal record. USCIS places a strong emphasis on public safety and national security when reviewing applications for Parole in Place (PIP), and individuals with certain criminal histories may be disqualified.
Disqualifying Criminal Records
Applicants with serious criminal convictions, such as aggravated felonies, crimes involving moral turpitude, or drug trafficking offenses, are generally ineligible for parole under this process. Generally, any pending criminal charges could make an applicant ineligible until the charges are resolved. USCIS may also deny parole if the individual has a history of offenses that suggest that they pose a threat to public safety, even if those offenses are not categorized as disqualifying. This is because public safety is very broad and can be interpreted in many different ways.
Rebuttable Presumption of Ineligibility
For applicants with less severe criminal records, USCIS may consider the circumstances of the offense, the time elapsed since the conviction, and evidence of rehabilitation. While these applicants are not automatically disqualified, they face a rebuttable presumption of ineligibility. This means the applicant must provide compelling evidence to demonstrate that they do not pose a threat to public safety and that granting parole is justified on humanitarian grounds or for significant public benefit.Ultimately, the decision to grant parole is discretionary and made on a case-by-case basis, weighing both the positive and negative factors in the applicant’s history.
Contact Our Office for I-131f Submission
Navigating the complexities of filing the I-131F form under the “Keeping Families Together” initiative can be daunting, especially given the stringent eligibility requirements and the need for precise documentation. SSD Law Firm PC is uniquely positioned to guide you through this process with knowledge and personalized attention.
Our firm focuses in immigration law and has a deep understanding of the latest legal updates, including the nuances of the I-131F application. We ensure that your application is meticulously prepared, maximizing your chances of approval by addressing all potential issues, including those related to criminal records or other complicating factors.
With SSD Law Firm PC, you benefit from a team that is committed to keeping families together, providing clear communication, and offering strategic advice tailored to your unique situation. Whether it’s gathering the necessary evidence, submitting the application correctly, or navigating the appeals process, we are here to support you every step of the way.
Contact SSD Law Firm PC‘s I131f Parole in Place Immigration Department today to ensure that your I-131F application is handled with the utmost care and professionalism, giving you the best possible chance of success.