On November 7, 2024, a federal court in Texas issued a ruling that permanently stops the Keeping Families Together Parole in Place (KFT PIP) program. This program, initiated by the Biden administration in June 2024 and activated on August 19, 2024, was intended to provide certain spouses and stepchildren of U.S. citizens with a pathway for parole. Shortly after its start, however, Texas and 15 other states filed a lawsuit challenging its legality, leading to an initial temporary hold on the program. The court has now determined that the administration did not have the authority to implement KFT PIP, resulting in an end to the program. Accordingly, USCIS will not accept, process, or make decisions on KFT PIP applications, and any scheduled biometrics appointments for the program have been canceled.
This ruling has brought uncertainty for families who had hoped to benefit from KFT PIP. Here’s an overview of what this decision means, potential paths forward, and suggestions for staying informed and protecting your case.
What Is the Parole in Place (PIP) Program?
The PIP program was designed to help keep military families together by allowing certain undocumented family members of U.S. citizens to remain in the United States without fear of deportation. It offers a path to legalize their stay, providing a sense of security and stability. However, recent legal actions have temporarily paused this program, creating uncertainty for applicants.
What’s Happening Now?
Due to the recent court ruling, new KFT PIP applications are no longer being accepted. On November 13, 2024, USCIS announced it would halt the intake of new applications for this program. USCIS has also indicated that further guidance on managing pending cases will be provided soon.
Possible Outcomes for Your PIP Case
With the recent court decision, there are two main possibilities moving forward:
Option 1: The Biden administration chooses not to appeal. At this time, it’s unclear whether the administration will challenge the court’s decision, though recent updates from USCIS on November 13, 2024, suggest an appeal may be unlikely. If the administration does not appeal, the court’s ruling will stand, and the KFT PIP program will be officially terminated.
Option 2: The Biden administration decides to appeal the decision. Although an appeal could potentially be filed, it’s likely that the court would still bar USCIS from accepting new KFT PIP applications during the appeal process. Moreover, if there is a change in administration, the incoming leadership may withdraw any appeal in progress. In either case, the likely outcome is the permanent end of the KFT PIP program.
What Should You Do Next?
If You Have DACA, TPS, or Other Relief
Those with existing relief such as DACA or TPS should keep their status up to date. For DACA holders, consider applying for advance parole to gain entry benefits similar to KFT PIP. TPS recipients can request travel authorization to secure re-entry, potentially streamlining the green card process.
If You’ve Started or Are Considering Consular Processing
If you have an I-130 petition filed by a U.S. citizen spouse or stepparent, you may be able to continue with consular processing as planned. Before any departure, ensure eligibility by consulting an experienced attorney, who can also check if other in-country options exist.
If KFT PIP Was Your Only Application
Filing an I-130 family petition will not grant status but may lead to a green card in the future. If you applied for KFT PIP but haven’t yet filed an I-130 or other applications, speak to a legal provider to explore family-based options or other potential paths.
We’re Here to Help
At McEntee Law Group, we understand the stress and uncertainty this recent decision may bring to families like yours. We’re here to provide clear answers and practical solutions, helping you pursue every available option to keep your family together and protect your status. If you have questions about how this change affects your case or need advice on what steps to take, please reach out to us.
We’re dedicated to standing by you through these changes and finding the best way forward for you and your loved ones.
