Keeping American Families Together (KAFT)

DHS Announces New Process for Family Unity & Stability 

  • The Keeping American Families Together (KAFT) Program will soon provide noncitizen spouses and stepchildren of U.S. citizens a pathway to apply for lawful permanent residence without having to leave the United States.

Exciting New Program:

On June 18th, 2024, the Department of Homeland Security (DHS) announced an exciting new process called the Keeping American Families Together (KAFT) program which will allow certain noncitizen spouses and stepchildren of U.S. citizens to apply for lawful permanent residence without having to leave the United States. 

This new KAFT program is distinguished from two similar existing programs – 1) Provisional Unlawful Presence Waiver and 2) Military Parole in Place. Currently, noncitizen spouses and stepchildren of U.S. citizens must often leave the U.S. while waiting for their parole applications to be processed. 

During the Provisional Unlawful Presence Waiver process, a noncitizen spouse of a U.S. citizen must submit a form I-130 for approval, then complete an I-601A waiver. Even after this lengthy process, the noncitizen spouse is required to leave the United States to complete consular processing. 

Military Parole in Place is a simpler process and does not require the noncitizen spouse to leave the U.S., but only applies to the noncitizen spouses of U.S. citizens serving in the military. 

Both Provisional Unlawful Presence Waiver and Military Parole in Place remain extremely useful processes, especially for those who do not meet the requirements of the new KAFT program.

The KAFT Program:

The new KAFT Program is extremely exciting because it empowers U.S. Citizenship and Immigration Services (USCIS) to allow certain noncitizen spouses and stepchildren of U.S. citizens to apply for lawful permanent residence without having to leave the United States. 

DHS estimates that 500,000 noncitizen spouses and 50,000 of their children could benefit from this program.

This new process commenced on August 19th, 2024. Applications are currently being accepted and the fee for this program is $580. 

Currently Available Information: 

Eligibility for Noncitizen Spouses

  1. Present in the U.S. without admission or parole.

  2. Continuously present in the U.S. for at least 10 years as of June 17, 2024.

  3. Legally valid marriage to a U.S. citizen as of June 17, 2024.

  4. Have no disqualifying criminal history.

  5. Not constitute a threat to national security or public safety.

  6. Merit a favorable exercise of discretion.

Eligibility for Noncitizen Children

  1. Present in the U.S. without admission or parole.

  2. Qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

  3. Have no disqualifying criminal history.

  4. Not constitute a threat to national security or public safety.

  5. Merit a favorable exercise of discretion.

USCIS Evaluation

Once a parole-in-place request is properly filed, USCIS will evaluate each application individually to decide if granting parole is justified and if the applicant deserves a favorable exercise of discretion. 

USCIS evaluation will consider the applicant’s prior immigration history, criminal record, results of background checks, national security and public safety screenings, and any other pertinent information available or requested by USCIS.

Key Questions and Answers:

When did the KAFT process start? 

Applications began on August 19th, 2024. USCIS rejected any filings received before the official start date.

What are the fees for this process?

There is a $580 government fee for this process.

What will be the duration of parole? 

Qualifying individuals may be granted parole for up to three years, allowing them to file for permanent residence.

What can I do now to start? 

Speak with an immigration attorney about your specific immigration situation. Then work with your attorney to collect evidence demonstrating ten years of continuous presence in the U.S. up to June 17th, 2024, a legally valid marriage to a U.S. citizen, and other favorable discretionary factors. This may include, but is not limited to, official documents such as leases or mortgages, rent receipts, utility bills, loan documents, bank statements, medical records, school transcripts, pay stubs, tax returns, automobile title and registration receipts, and insurance policies.

How will this process impact employment authorization? 

Paroled individuals can apply for an employment authorization document (EAD) immediately upon parole approval.

Connect with an Immigration Attorney

Shillig Law's immigration attorneys are experts on the latest immigration processes. They are trained to evaluate your eligibility for all immigration programs and can address any questions related to your specific situation. Contact us today!

www.shilliglaw.com

682-888-2146

jt@shilliglaw.com

Key Resources about this Program