Is the parole in place program for spouses of citizens still open?

This page is general information, not legal advice. Many families put real hope and money into this program. If yours did, that loss is real. The next step is to find out which path, if any, fits your exact history before you spend more.

What was Keeping Families Together?

On August 19, 2024, DHS started a process for certain spouses and stepchildren of US citizens who were in the US without admission or parole to ask for parole in place (USCIS). Parole would have counted as a lawful entry, so many could then apply for a green card inside the US instead of leaving and facing the 3 or 10 year bars.

To qualify, a spouse had to:

• Be in the US without admission or parole
• Have lived in the US continuously since at least June 17, 2014
• Have been legally married to a US citizen on or before June 17, 2024
• Have no disqualifying criminal history, and pass background checks

Requests were filed online on Form I-131F. The fee was $580, and no fee waiver was available (USCIS; Federal Register notice).

What happened to it?

Texas and other states sued. On November 7, 2024, the federal court for the Eastern District of Texas issued a final judgment vacating the process in State of Texas v. DHS, No. 24-cv-306 (USCIS). USCIS said that, effective right away:

• It would not decide pending I-131F requests.
• It would not accept new I-131F requests.
• Biometrics appointments for I-131F were cancelled.

The program is not running, and nothing we found says it will return. Check the USCIS Keeping Families Together page for any change, and ask a lawyer about the court case before you act on news reports.

What happens to my I-131F?

• It will not be decided under the program, as long as the court order stands.
• Your fee: USCIS said it would publish information about pending cases and paid fees. As of October 21, 2026, its page does not say anything about refunds. Keep your receipt notice and payment proof, and check that page or your USCIS online account for updates.
• Your information: the I-131F included your address and history. Ask a lawyer how that affects your planning. Keep your address current with USCIS.
• Do not refile I-131F or pay anyone who says they can still get it approved.

What if I entered legally?

If you came in with a visa, a border crossing card, or parole, and were inspected, you may be able to apply for a green card inside the US as the spouse of a citizen, even if you overstayed. A spouse of a US citizen is an "immediate relative," and immediate relatives are excused from the bar on adjusting after unauthorized work or falling out of status (8 USC 1255(a) and (c)(2)).

Note: USCIS now treats overstaying and then adjusting status as a negative factor when it decides whether to approve a green card as a matter of discretion (USCIS policy memo PM-602-0199). Get screened before you file. See Can I still apply for a green card inside the US?

What can I do instead?

If you entered without inspection, these are the main options. None is simple.

1. Process abroad with a provisional waiver (I-601A). Your citizen spouse files an I-130. Once it is approved and your visa case is with the State Department, you can ask USCIS for a provisional waiver of the 3 or 10 year bar before you leave. You must show your citizen spouse (or a citizen or green card parent) would suffer extreme hardship if you were not admitted (USCIS provisional waivers). Then you leave for your visa interview.

Know the risks first:

• The waiver covers only unlawful presence. A consular officer can still refuse you for other reasons, such as a past removal order, certain crimes, or a false claim.
• If you entered without inspection after more than 1 year of unlawful presence in total, or after a removal order, the permanent bar may apply, and this waiver does not fix it (8 USC 1182(a)(9)(C)).
• People in removal proceedings usually cannot file unless their case is closed.
• An approved waiver gives no status, work permit or travel permission while you wait.

Read The 3 and 10 year bars and the waiver that can forgive them and What to expect at a green card interview abroad.

2. Section 245(i). If a family or job petition or labor certification was filed for you, or for a parent or spouse when you were their dependent, on or before April 30, 2001, you may be able to adjust inside the US with a $1,000 extra payment, if other conditions are met (8 USC 1255(i)).

3. Other paths that do not depend on how you entered. Some people qualify for VAWA (if the citizen spouse is abusive), a U visa, a T visa, asylum, or cancellation of removal in immigration court. See Ways undocumented people may get a green card.

What about stepchildren?

Stepchildren who were under 21 and unmarried on June 17, 2024 could also ask under the program. That ended with the same court order. A stepchild may still be eligible through an I-130 if the marriage happened before the child turned 18 (8 USC 1101(b)(1)(B)), but the same entry problems apply. Ask a lawyer.

What mistakes should I avoid?

• Paying for a "new parole in place" program. None exists for spouses as of October 21, 2026.
• Leaving for a consular interview without an approved I-601A, when you need one.
• Filing an I-485 when you entered without inspection and have no 245(i) or other exception. USCIS can deny it and, under its 2025 policy, may issue a Notice to Appear to people who are not lawfully present (USCIS PM-602-0187).
• Trusting a notario. Only lawyers and DOJ accredited representatives can give legal advice (EOIR).

Who can help?

Bay Area help (San Mateo and Santa Clara counties):

• CLSEPA: family immigration screening for low income residents of San Mateo and Santa Clara counties. (650) 326-6440 (CLSEPA).
• Immigration Institute of the Bay Area (Redwood City): free first consultation, by appointment, (650) 587-1558 (IIBA).
• Catholic Charities San Francisco, San Mateo and Marin: family petitions, waivers and consular cases. (650) 285-6451 (Catholic Charities SF).
• Asian Law Alliance (San Jose): (408) 287-9710 (Asian Law Alliance).

Anywhere in the United States: ImmigrationLawHelp.org lists nonprofit providers by ZIP code.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Questions people ask

Will parole in place come back? We do not know. A future program would need a new announcement. Check the USCIS Keeping Families Together page and ask a lawyer before you pay anyone.

I married my citizen spouse after June 17, 2024. Did I ever qualify? No. The program required marriage on or before June 17, 2024.

Is military parole in place the same thing? No. Military parole in place is a separate, case by case USCIS option for spouses, parents and children of people who serve or served in the US military. An Army legal office information paper dated March 5, 2026 still describes it. If your family member serves or served, ask a lawyer or a military legal assistance office whether it fits you.

My I-131F was approved before November 7, 2024. Is my parole valid? Ask a lawyer right away and bring your approval notice. The rules for people already granted parole were outside what we could confirm today.

Can my citizen spouse file the I-130 now anyway? Yes. An I-130 can be filed whatever the program's status, and it is the first step for most family paths. Filing it alone does not give you status or permission to work.

Is there a checklist I can print?

Yes. Fill this in before your legal screening.