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Administrative Stay of Keeping Families Together

-Editorial

On August 26, 2024, the United States District Court for the Eastern District of Texas issued an administrative stay in the case of Texas v. Department of Homeland Security (DHS), halting the agency from granting parole in place under the Keeping Families Together initiative for a duration of 14 days.

In compliance with this administrative stay, U.S. Citizenship and Immigration Services (USCIS) has announced that it will temporarily suspend the approval of all pending parole in place requests related to the Keeping Families Together program. However, the agency will continue to accept new filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. 

Additionally, USCIS will maintain its schedule of biometric appointments and will continue to capture biometrics at Application Support Centers (ASCs). Importantly, the district court’s administrative stay does not impact any applications that were approved prior to its issuance at 6:46 p.m. Eastern Time on August 26, 2024. Individuals who received approval for parole in place before this order may still pursue other immigration benefits, including employment authorization and adjustment of status to lawful permanent resident.

It is essential to note that applicants can only seek employment authorization after their Form I-131F is approved. Any applications for employment authorization (Form I-765) submitted before the approval of Form I-131F will be rejected or denied by USCIS.

USCIS also confirmed that biometric appointments will proceed as scheduled in line with the district court’s order. Individuals with scheduled biometric appointments must arrive at the designated ASCs at the specified date and time indicated on their appointment notices. If an individual cannot attend their appointment, they are advised to use the online rescheduling process before the initial appointment expires. Those who were turned away at an ASC will have their appointments rescheduled by USCIS.

After you file your application, petition, or request, if you need to provide your fingerprints, photograph, or signature, they will schedule your biometric services appointment at a local Application Support Center (ASC). They have the general authority to require and collect biometrics from any applicant, petitioner, sponsor, beneficiary, or other individual residing in the United States for any immigration and naturalization benefit, as stated in 8 CFR 103.2 (b)(9). Your appointment notice (Form I-797C, Notice of Action) will include the date, time, and location for your ASC appointment. The biometrics you provide during your ASC appointment allow us to confirm your identity and run the required background and security checks.

You may obtain a copy of your own FBI Identity History Summary using the procedures outlined in 28 CFR 16.32. The procedures to change, correct, or update your FBI Identity History Summary are detailed in 28 CFR 16.34. For additional information, please visit the Identity History Summary Checks and Privacy Act Statement pages on the FBI’s website.

For more information about preparing for biometric services appointments, individuals can refer to the USCIS website.

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