November 13, 2024
On November 13, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced the suspension of the Keeping Families Together (KFT) parole process following a recent federal court ruling. This decision has substantial implications for individuals and families who were relying on this program to reunite with loved ones in the United States. This article provides an in-depth understanding of the background, the immediate actions taken by USCIS, the implications for affected individuals, and the next steps they should consider.
We will also address frequently asked questions to help you understand the changes and how they might impact you or your loved ones.
Background
On November 7, 2024, the United States District Court for the Eastern District of Texas issued a final judgment in the case of State of Texas v. Department of Homeland Security, Case Number 24-cv-306 (E.D.T.X. Nov. 7, 2024). The ruling effectively vacated the Keeping Families Together (KFT) parole process, which had been published at 89 Fed. Reg. 67,459 on August 20, 2024. The KFT parole process was established to provide a pathway for eligible family members of U.S. citizens and lawful permanent residents to enter or remain in the United States, helping to reunite families.
In compliance with the court order, USCIS has taken several immediate actions, detailed below.
USCIS Immediate Actions
USCIS, in response to the court’s ruling, has implemented the following measures to ensure compliance with the law:
1. Suspension of Pending Form I-131F Adjudications
Pending Applications:
All Form I-131F applications (Application for Travel Document) that were pending at the time of the court ruling will no longer be adjudicated. This means that applications currently under review have been suspended indefinitely and will not proceed to a final decision. Applicants who had already submitted required documents and undergone preliminary processes such as background checks will no longer have their cases processed until further notice.
This action effectively leaves these applications in a state of limbo, which could be distressing for families who were depending on the program to reunite with their loved ones. If you are in this situation, it is advisable to consult with an immigration attorney to explore other options that may still be available to you, such as family-based petitions or other humanitarian programs.
Ceasing Intake of New Applications:
Effective immediately, USCIS will no longer accept new Form I-131F applications. Anyone who was in the process of preparing an application should stop, as USCIS will automatically reject any new submissions. This suspension includes any supporting documents or evidence provided alongside the application, which will also not be reviewed. Individuals should refrain from submitting applications until USCIS announces otherwise. Importantly, application fees are currently in question, and USCIS has yet to provide specific guidance on refunds for fees already paid.
2. Cancellation of Application Support Center (ASC) Appointments
Appointment Cancellations:
All previously scheduled ASC appointments related to Form I-131F have been cancelled, effective immediately. These appointments typically include biometrics collection, such as fingerprinting, photographs, and signature gathering, which are critical for identity verification and background checks. If you have received an ASC appointment notice for a future date, you should consider that appointment cancelled and should not attend.
Many individuals have planned travel and taken time off from work to attend these appointments. The cancellation means that such appointments are no longer valid, and USCIS will not reschedule them for the time being. It is essential to cancel any travel arrangements to avoid unnecessary costs.
Turned Away at Centers:
Anyone who appears at an ASC for an appointment related to Form I-131F will be turned away by USCIS personnel. This directive applies across the board, regardless of the location of the ASC or the specific case. It is crucial for applicants to understand that these appointments will not be honored, and attending the ASC will not provide an opportunity to move your case forward. This policy will remain in place until further instructions are issued by USCIS.
3. Cancellation of External Engagements
Community Outreach:
USCIS has also cancelled all external engagements related to the KFT parole process. These external engagements often include public events, workshops, or information sessions that USCIS holds to inform applicants and community organizations about the requirements and benefits of various programs. The cancellation of these engagements means that applicants and their families will no longer have access to these forums for information, clarification, or guidance on the KFT parole process.
Without these resources, affected individuals may feel more uncertain about their situation. However, community organizations, legal service providers, and advocacy groups may continue to provide information and guidance, albeit without direct USCIS engagement. Staying connected with reputable community organizations can be beneficial during this time.
Information Dissemination:
All public information sessions or forums specifically addressing the KFT parole process are suspended until further notice. This includes any online webinars, town halls, or other scheduled information dissemination events. USCIS will not be available to answer questions publicly regarding this process. As a result, individuals seeking more information will need to rely on official USCIS updates published online or consult with immigration professionals for the most current and accurate guidance.
Implications for Affected Individuals
The suspension of the KFT parole process has widespread effects on individuals and families who are in various stages of the application process. Below are the key impacts:
Financial Considerations:
For those who have already paid application fees, there is currently no definitive answer from USCIS regarding refunds. USCIS has indicated that further details on how it will handle paid application fees will be announced soon. In the meantime, applicants should keep records of any payments made and be prepared to provide documentation if a refund process is established. It is also important to remain vigilant for official updates to understand whether the fees will be credited, refunded, or withheld.
Prospective Applicants:
Individuals who were in the process of gathering documents or preparing to apply for the KFT parole process will no longer be able to proceed. The cessation of new application intake means that no new cases will be accepted, regardless of eligibility. Those affected should consider other available avenues for family reunification, which might include different forms of family sponsorship, visitor visas, or humanitarian programs. Each of these options has its own set of requirements, and an immigration lawyer can help identify the best path forward for you.
Applicants with Pending Cases:
If you have already submitted a Form I-131F application, it will not receive further processing or adjudication at this time. This means that any positive outcomes you were hoping for, such as travel documents or approval notices, will not be issued. Additionally, any supplementary evidence or documentation that was requested or provided will not be reviewed by USCIS. It is advised to consult with an immigration attorney to discuss alternative legal options, such as different types of family-based immigration petitions that may be available.
Next Steps and Guidance
In light of these developments, here are some recommended actions for individuals affected by the suspension of the KFT parole process:
Monitor Official USCIS Communications:
Stay informed by regularly checking the official USCIS website at www.uscis.gov and subscribing to email alerts. Given the rapid changes in immigration policy, these sources will provide the most reliable information. Official social media accounts can also be helpful for receiving timely updates.
Avoid Unnecessary Appointments:
Do not attend previously scheduled ASC appointments related to Form I-131F, as they have all been cancelled. Attempting to attend these appointments will result in being turned away, causing unnecessary travel expenses and frustration.
Consult to an Immigration Attorney:
Immigration law is complex and changes frequently. It is crucial to seek assistance from a licensed immigration attorney or accredited representative who can provide guidance on alternative legal pathways and help navigate your individual circumstances. An immigration lawyer can also assist in understanding forthcoming updates from USCIS and advise on whether other visa or parole options may be suitable for your family.
Conclusion
The sudden suspension of the Keeping Families Together parole process is a significant setback for families seeking reunification in the United States. The immediate actions taken by USCIS, including the suspension of pending applications, cancellation of ASC appointments, and cessation of new application intake, have left many individuals in uncertain circumstances. It is crucial for those affected to stay informed, consult with legal professionals, and explore alternative immigration pathways where possible.
As USCIS continues to update its policies and release more information, staying proactive and seeking proper legal counsel can make a significant difference in navigating these changes. We hope that this detailed overview helps clarify the current situation and provides you with the necessary steps to take moving forward.
What is the Keeping Families Together (KFT) parole process?
The KFT parole process was a program that allowed eligible family members of U.S. citizens and lawful permanent residents to enter or remain in the United States for the purpose of family reunification. It was designed to help keep families together while their immigration status was being finalized.
Why was the KFT parole process vacated?
The KFT parole process was vacated following a ruling by the United States District Court for the Eastern District of Texas in the case of State of Texas v. Department of Homeland Security. The court determined that the process did not comply with certain legal standards, leading to its cancellation.
Can I still apply for Form I-131F?
What happens to my pending Form I-131F application?
Will I get a refund for my application fee?
What other options do I have for family reunification?
Depending on your situation, there may be other options, such as family-based immigrant petitions, humanitarian parole, or visitor visas. Consult an immigration attorney to explore the best available options for your family.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For personalized assistance, please consult a licensed immigration attorney or accredited representative.
