At Cabrera & Hart Law APC, we strive to keep you informed about important changes in immigration law. Recently, the Biden administration introduced a new policy designed to keep families united, featuring the new Form I-131F. This form allows certain noncitizen spouses and stepchildren of U.S. citizens to apply for “parole in place,” a temporary permission to remain in the U.S. without fear of deportation.
However, the more significant aspect of receiving “parole in place” is that it gives the applicant a legal admission to the United States, which means that hundreds of thousands of applicants will no longer need to apply for an I-601A stateside waiver, or consular processing outside of the United States. The approved applicants, provided they meet the other eligibility requirements will be allowed to apply for their legal permanent resident status (green cards) right here in the United States, without having to risk going back to their home countries and remaining stuck outside of the United States!
What is Form I-131F?
Form I-131F is an electronic application introduced by the U.S. Citizenship and Immigration Services (USCIS). It allows eligible noncitizen spouses and stepchildren of U.S. citizens to request parole in place, a process that helps individuals stay legally in the U.S. under specific conditions.
Who Can Apply?
Eligibility for Form I-131F requires applicants to meet several criteria:
- Presence Without Admission: Applicants must be in the U.S. without prior legal admission or parole.
- Continuous Physical Presence:
- Spouses: Must have been continuously present since June 17, 2014.
- Stepchildren: Must have been continuously present since June 17, 2024.
- Valid Marriage:
- Spouses must be married to a U.S. citizen by June 17, 2024.
- Stepchildren must have a parent who had a valid marriage to a U.S. citizen before their 18th birthday and by June 17, 2024.
- No Significant Criminal Record: Applicants should not have disqualifying criminal history. No felonies are permitted, and certain misdemeanors will prevent applicants from applying.
- No Threat to Safety: Applicants must not pose a threat to national security or public safety.
Even if these conditions are met, USCIS may still deny the application if they find that parole is not justified. Those in removal proceedings or with a removal order might still qualify under certain circumstances.
Evidence of Physical Presence
Applicants need to submit evidence proving continuous physical presence in the U.S., such as:
- Official documents from DHS or INS
- Utility bills, rent receipts
- Tax records
- School records
- Medical and religious records
- Other relevant documents
USCIS will review all the evidence to ensure continuous presence is established, but daily documentation is not required.
How to Apply for Form I-131F
Applying for Form I-131F involves several key steps. Here’s a detailed guide to help you through the process, though for the MAJORITY OF APPLICANTS, we do not recommend that you attempt this process without the assistance of an experienced attorney. Failure to properly support your application with the required evidence pertaining to permissible criminal history, immigration history, and failure to provide the proper factual information, can lead to a BAR to any applicants future attempts to obtain legal status in the United States.
1. Create a USCIS Online Account:
- Visit the USCIS website and click on the option to create a new account.
- Fill in the required personal information, including your email address, and create a secure password.
- Check your email for a confirmation link from USCIS. Click the link to verify your account.
- Once verified, log in to your account and select “My USCIS” from the dashboard to begin the application process.
2. Complete the Form Online:
- In your USCIS account, locate Form I-131F. Carefully read the instructions provided.
- Complete each section of the form, ensuring all information is accurate. This includes personal information, details of your relationship with the U.S. citizen, and any relevant immigration history.
- Take your time to review your entries for accuracy before proceeding.
3. Submit Supporting Documents:
- Gather all necessary documents that support your application. This may include:
- Marriage certificate or birth certificate (for stepchildren).
- Evidence of your continuous physical presence in the U.S., such as utility bills, tax records, or school transcripts.
- Any additional documents specified by the form instructions.
- Scan these documents and upload them to your USCIS online account. Ensure each file is clear and legible.
4. Pay the Filing Fee:
- During the application process, you will be prompted to pay the filing fee. This must be done online through a secure payment portal.
- Have your credit/debit card or bank account information ready for this transaction.
- If you believe you qualify for a fee waiver, complete the fee waiver request form and submit it along with your application.
5. Monitor Application Status:
- After submitting your application, regularly log in to your USCIS account to check the status.
- USCIS will update your account with any notifications or requests for additional information.
- You may also receive email alerts about any changes to your application’s status.
Following these detailed steps will help ensure your application is complete and submitted correctly. If you encounter any issues or need further assistance, consider reaching out to Cabrera & Hart Law APC. Our team is ready to support you throughout this process, ensuring you have the guidance needed to succeed.
Conclusion
Form I-131F is a crucial component of the Biden administration’s efforts toward compassionate immigration reform, aiming to preserve family unity. It provides a streamlined process for noncitizen spouses and stepchildren seeking to adjust their status without separation from their families. For more detailed guidance and updates, refer to the USCIS Filing Guide for Form I-131F or if you want to hire an experienced lawyer to be on your side contact Cabrera & Hart Law APC. We are here to support you through every step of this process, ensuring you stay informed and prepared.
Our Firm Can Help You & Your Family Today!
Don’t navigate the complexities of immigration law alone. Reach out to Cabrera & Hart Law APC for the affordable and personal attention your case needs. Together, we can make your American Dream a reality.
Contact us to learn more about how we can assist you and your loved ones!
Cabrera & Hart Law APC
California’s Premier Law Firm for Immigration & Criminal Defense
Note: This blog post is intended for informational purposes only and does not constitute legal advice. For personalized legal assistance, please contact Cabrera & Hart Law APC directly.
