The Keeping Families Together Parole in Place Program is a significant initiative aimed at promoting family unity by allowing certain noncitizen spouses and stepchildren of U.S. citizens to remain in the United States. On August 19, 2024, DHS published a Federal Register Notice providing details about the program and who will qualify. In addition, USCIS published Frequently Asked Questions about the program. Together, the Federal Register Notice and the FAQs provided guidance on criminal history that will disqualify applicants from the program.
Key Criminal Disqualifiers
To be eligible for the Keeping Families Together Parole in Place Program, applicants must not have any disqualifying criminal history. The following are considered disqualifying offenses:
- Felony Convictions: All felony convictions, including felony driving under the influence (DUI) offenses, are disqualifying. For purposes of this program, a felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
- Murder, Torture, Rape, or Sexual Abuse
- Offenses Involving Firearms, Explosive Materials, or Destructive Devices
- Offenses Relating to Peonage, Slavery, Involuntary Servitude, and Trafficking in Persons
- Aggravated Assault
- Offenses relating to child pornography, sexual abuse or exploitation of minors, or solicitation of minors
- Domestic violence, stalking, child abuse, child neglect, or child abandonment
- Controlled substance offenses (other than simple possession of 30 grams or less of marijuana)
Criminal convictions not listed above, excluding minor traffic offenses, trigger a presumption of ineligibility for this process. To overcome the presumption of ineligibility, an applicant must demonstrate positive factors overcoming the presumption and showing that the applicant deserves a favorable exercise of discretion.
Pending Criminal Charges
- All Pending Criminal Charges: Regardless of the nature of the charges, any pending criminal charges are disqualifying. Applicants may apply for parole in place once these charges are resolved.
Expunged, vacated, pardoned, deferred, annulled, invalidated, withheld, or sealed convictions
Convictions that were, for example, dismissed, expunged, vacated, pardoned, deferred, annulled, invalidated, withheld, or sealed will still create a presumption of ineligibility for purposes of this process, even if they may no longer constitute convictions for immigration purposes.
Juvenile Dispositions
Juvenile delinquency dispositions will create a presumption of ineligibility for purposes of this process, even if they do not constitute convictions for immigration purposes.
Additional Considerations
Discretionary Denial: Even if an applicant meets the criteria for the program, USCIS may still deny the request for parole in place if it determines, as a matter of discretion, that the grant of parole is not warranted in the specific case.
Conclusion
Understanding the criminal disqualifiers for the Keeping Families Together Parole in Place Program is crucial for potential applicants. Ensuring that you meet all eligibility criteria, including the absence of disqualifying criminal history, is essential for a successful application.
If you or a loved one would like to discuss how this program could affect your case, click this schedule a consultation link.
