What KAFT was meant to do
The process would have granted parole in place to certain noncitizen spouses and stepchildren of United States citizens who had been present in the country for a qualifying period. Parole in place matters because it can supply the lawful admission that a person who entered without inspection otherwise lacks, opening the door to Adjustment of Status without leaving the country.
For families who had been told for years that the only route ran through a consulate abroad and a waiver, that was a significant change.
Where it stands
The process was challenged in federal court in Texas and did not survive that litigation in the form in which it was announced. Programmes of this kind are also affected by changes of administration and by further appeals.
We are not going to tell you on a web page what your options are under a process whose status moves. Call us and we will tell you what is actually available on the day you call.
The routes that have not gone away
Which of these applies turns on how you entered the country and what is in your record. That is a twenty-minute conversation, not a guess.
- I-601A provisional waiver — for spouses who must consular process, waiving unlawful presence before they travel and shortening the separation.
- Military Parole in Place — a long-standing, separate discretionary process for the spouses, parents and children of service members and veterans.
- Adjustment of Status — where there was a lawful entry — including on a visa that has long since expired.
Questions we are asked about this
I filed under KAFT. What happens to my application?
Bring us what you filed and any notice you have received. What happens next depends on the stage your case reached and on the current state of the litigation, and both of those are things we check rather than assume.
Is there any way to get a green card without leaving the country?
For some people, yes — most often where there was a lawful entry at some point, or where Military Parole in Place applies. For others the route runs through a consulate with a waiver filed first. The answer depends on your entry, not on your length of residence.