As the Biden administration began accepting applications this week for a new pathway to immigration legal status for some spouses and stepchildren of U.S. citizens, the National Immigrant Justice Center (NIJC) shared guidance for communities about who is eligible for the program — and who should seek legal advice before applying.

On June 18, 2024, the Biden administration announced it would extend access to parole in place for some spouses and stepchildren of U.S. citizens. On August 19, U.S. Citizenship and Immigration Services (USCIS) published guidance and started accepting online applications for what it is calling the “Keeping Families Together” program.

“While the new program provides an opportunity for many long-time community members to finally apply for legal status and work authorization, the administration also implemented significant barriers for immigrants who have interacted with the criminal legal system,” said NIJC Executive Director Mary Meg McCarthy. “Like with any new program, NIJC strongly encourages individuals who have been charged or convicted of crimes, or who have complex immigration histories, to speak with a qualified immigration legal professional before they pay the hefty application fee and submit their request to the government.”

Specifically, the Keeping Families Together program bars access to legal status for people who have received convictions for any felony or a number of misdemeanors, as well as individuals who have been ordered deported and then returned to the United States without permission.

Read NIJC’s detailed guidance here

NIJC offers legal consultations at our Chicago and Indiana offices for individuals residing in Illinois and Indiana with household incomes at or below 200% of the federal poverty line. Individuals may call (312) 660-1370 to schedule a legal consultation.