OPINION-US VISA | IMMIGRATION CORNER: Court temporarily halts ‘Keeping families together’ program
I previously wrote about the new “Keeping Families Together” (KFT) program, designed to allow spouses of US citizens to adjust status in the US if they entered without inspection or a visa (EWI) and have been in the US for at least 10 years.
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Unfortunately, on Aug. 26, 2024, the United States District Court for the Eastern District of Texas issued a two-week “administrative stay,” preventing the Department of Homeland Security (DHS) from granting or approving parole in place (PIP) under KFT. The US Citizenship and Immigration Services (USCIS) stated that while it will continue to accept filings, it will “not grant any pending parole in place requests.” In other words, a person may file their form I-131F and pay the filing fee, but USCIS will just hold the case in abeyance until there is a further ruling by the court.
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For any PIP applications fortunate enough to have been approved before Aug. 26, 2024, the applicants may still file for any other immigration benefit for which they may be eligible, including employment authorization and adjustment of status.
As a reminder, eligibility under the KFT program includes:
• Be present in the United States without admission or parole.
• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request.
• Have a legally valid marriage to a US citizen on or before June 17, 2024.
• Have no disqualifying criminal history and are otherwise not deemed to be a threat to public safety, national security or border security.
• Submit biometrics and undergo required background checks and national security and public safety vetting.
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The question becomes whether a person should file now while the administrative stay is pending or wait for a ruling. While the choice or option is certainly up to the person, in my opinion, you may want to consider waiting until after there is a ruling by the court in a few weeks to determine if the program will go forward or be halted.
I recall the program for parents of US citizens, Deferred Action for Parents of Americans (DAPA), which was similar to Deferred Action for Childhood Arrivals (DACA), and people were very excited and lining up to apply. But a court issued an injunction, halting the entire DAPA program. As a result, there was nothing for the parents to apply for.
If a person files now for KFT during the two-week stay, but the court issues an injunction, they would have submitted the filing fee, but the case will be held in abeyance and good luck trying to get the filing fee back from USCIS if there is an injunction.
I will continue to track the status of this program and hope it will be allowed to go forward. Meanwhile, you could at least gather the appropriate documents showing eligibility, such as proving your date of entry into the US, continuous presence in the US since June 2014, etc. If it is reinstated and you are eligible, you should see an attorney who can help you apply.
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