Keeping Families Together: A New Path for Certain Undocumented Spouses and Stepchildren of U.S. Citizens
October 18, 2024
Keeping Families Together: A New Path for Certain Undocumented Spouses and Stepchildren of U.S. Citizens
On August 19, 2024, the Department of Homeland Security (DHS) implemented “Keeping Families Together,” a process allowing certain noncitizen spouses and stepchildren of U.S. citizens to request parole-in- place.
What Is Parole-in-Place?
Parole-in-place allows specific individuals who entered the United States without presenting themselves to an immigration officer at an official checkpoint to remain in the country for up to three years and possibly apply for their green card in the United States rather than having to travel abroad to apply at a U.S. consulate.
Who May Be Eligible?
Noncitizen spouses of U.S. citizens who:
- Are present in the United States without admission or parole;
- Have been continuously physically present since at least June 17, 2014, through the date of filing their request; and
- Have a valid marriage to a S. citizen on or before June 17, 2024.
Noncitizen stepchildren of U.S. citizens who:
- Were under 21 and unmarried on June 17, 2024;
- Are present in the United States without admission or parole;
- Have been continuously physically present since at least June 17, 2024, and through the date of filing their request; and
- Have a noncitizen parent who married a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th
An applicant must:
- Not have any disqualifying criminal history;
- Not commit acts that are a threat to public safety, national security, or border security; and
- Undergo required background checks and national security and public safety vetting. You may be required t o go to an application support center to submit photographs and fingerprints.
If a Parole-in-Place Application Is Approved, the Applicant Can:
- Stay in the United States legally for up to three years
- Apply for work authorization
- Apply for other immigration benefits, like a green card,
if you qualify
Important Considerations:
- Each eligible family member must file separately
- Approval is discretionary and not guaranteed
- Criminal history or prior immigration violations may affect eligibility
- Travel outside the United States may affect eligibility for parole status or terminate parole status once granted
- DHS can end your parole at any time
Next Steps:
Note: This is general information, not legal advice. Immigration laws are complex and can change. Always consult a qualified immigration attorney for advice on your specific situation.
We encourage you to contact our office at 719 602 4477 if you have any questions.
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Major Victory for Employers, Universities, and Highly Skilled Foreign Workers
Rising immigration enforcement, policy changes, and growing uncertainty are discouraging many lawful permanent residents from pursuing the protection and stability that U.S. citizenship is meant to provide.
New federal rule leaves thousands of work-authorized immigrants without commercial driver’s licenses
Various recent media outlets confirm that a new rule by the Federal Motor Carrier Safety Administration (FMCSA), under the U.S. Department of Transportation, prevents immigrants with work authorization—including asylum seekers, refugees, and DACA recipients—from obtaining or maintaining commercial driver’s licenses (CDLs), affecting hundreds of thousands of drivers. Reports from outlets such as The Washington Post, The Guardian, and CalMatters indicate that the measure is already causing the loss of licenses and jobs, as well as potential impacts on the supply chain. Meanwhile, labor and legal organizations have filed lawsuits, such as Rivera Lujan v. FMCSA , arguing that the rule is illegal, discriminatory, and severely harms the livelihoods of thousands of families. The administration implemented a rule that prevents asylum seekers, refugees, and DACA recipients from obtaining or renewing CDLs. Lawsuits say it will “destroy livelihoods” A transportation-focused publication confirms the language used by plaintiffs: Attorneys stated that the rule “threatens to destroy the livelihoods” of thousands of drivers. It explains that asylum seekers, refugees, and DACA recipients are excluded. Real impact: loss of licenses and jobs A recent CalMatters report shows that this is already happening: Thousands of immigrant truck drivers have already lost their licenses in California. Many have been left unemployed and in legal uncertainty. It is estimated that up to 61,000 could lose their licenses in that state alone. Economic and industry effects Driving schools report a sharp decline in student enrollment due to the new rules. Companies and analysts warn that the measure reduces the workforce and may increase costs. Implementation of the rule (key detail) Legal and regulatory sources confirm: The rule went into effect on March 16, 2026. It only allows CDLs for certain visa types (H-2A, H-2B, E-2). Other work-authorized statuses no longer qualify. Recently, The Guardian published an article analyzing the impact of this measure on driving schools. Start CDL, a driving school founded by immigrants Asyl Kushnir and Gene Moik, is facing possible closure due to a sharp decline in student enrollment following new restrictions implemented during the administration of Donald Trump. Enrollment dropped from nearly 100 students per month to just 25–30, seriously affecting revenue despite high demand for drivers. According to its owners, the changes have created confusion and reduced access for immigrants with work permits—such as asylum seekers, refugees, and DACA recipients—who previously saw trucking as a stable job opportunity. This serves as a small example of the different angles from which this new policy must be analyzed. In summary ✔️ The rule exists and is already in effect ✔️ It directly affects immigrants with work authorization ✔️ There are active lawsuits (such as the one you mentioned) ✔️ Media reports confirm real losses of jobs and licenses
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