Q. I have a pending Form I-601A, Application for Provisional Unlawful Presence Waiver. Can I still make a request under Keeping Families Together?
A. Yes, you may make a request for this process while you have a pending Form I-601A. If you are granted parole in place under this process, you may then be eligible to apply for adjustment of status to that of lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status, in the United States without first seeking a provisional unlawful presence waiver. If your Form I-131F request is granted and you then apply for adjustment of status with USCIS, you will no longer be eligible for a provisional unlawful presence waiver, and USCIS will deny your Form I-601A.
Q. What will happen with my pending Form I-601A if I file a request under Keeping Families Together?
A. Your Form I-601A will remain pending and will be adjudicated in the normal course. USCIS will not refund the fee you paid for Form I-601A if you file a request for parole in place under this process. In addition, note that if your parole in place is granted and you apply to adjust status to that of a lawful permanent resident (Form I-485), you will no longer be eligible for a provisional unlawful presence waiver, and USCIS will deny your Form I-601A.
Q. My Form I-601A was approved, but I have not left the United States to attend a consular interview yet. May I make a request under Keeping Families Together?
A. Yes. If you are present in the United States without admission or parole, are otherwise eligible for this process, and merit a favorable exercise of discretion, USCIS may approve your request even though USCIS already approved your Form I-601A.
Q. I previously filed a Form I-601A and now am filing a Form I-131F. Do I have to pay the Form I-131F fee?
A. Yes. You must pay the $580 fee for the Form I-131F, even if you previously filed a Form I-601A.
Q. I previously filed a Form I-601A. Will you prioritize consideration of my Form I-131F?
A. USCIS may prioritize your Form I-131F if you have a pending or approved Form I-601A and you include your Form I-601A receipt number on your Form I-131F request. For this reason, you should make sure to include your Form I-601A receipt number on your Form I-131F.
NOTE: For your case to be identified and potentially prioritized, you must ensure that all biographic information on Form I-131F, including your name, exactly match the information you provided on the Form I-601A you previously filed.
Q. I have a pending Form I-601A. What happens to that request if my request under Keeping Families Together is granted?
A. Your Form I-601A will remain pending and will be adjudicated in turn. However, one of the eligibility requirements for the Form I-601A is that you do not have a pending application for lawful permanent residence with USCIS. Therefore, if you are granted parole in place and file for adjustment of status with USCIS, your pending Form I-601A will be denied.
Q. If I am granted parole in place under Keeping Families Together and no longer need a provisional unlawful presence waiver, will USCIS refund the filing fee for my Form I-601A?
A. No. Keeping Families Together is voluntary and requires payment of the requisite fee even if you have filed a Form I-601A. Filing fees are final and non-refundable, regardless of any action USCIS take on your application, petition, or request, or if you withdraw your request.
Q. If my request under Keeping Families Together is denied, does this affect the decision on my pending Form I-601A?
A. No. The denial of a request for parole in place does not affect the adjudication of the Form I-601A, but the reasons that led to the denial of a parole in place request may also affect eligibility for a provisional unlawful presence waiver, including the determination of whether you merit a favorable exercise of discretion.
Q. If my request under Keeping Families Together is denied, can I still file a Form I-601A?
A. Yes. Form I-601A has different eligibility requirements than parole in place. A denial of parole in place does not make you ineligible for a provisional unlawful presence waiver; however, you should review the reasons for the denial of your parole in place request to determine if any of those reasons also make you ineligible for a provisional unlawful presence waiver.