Q. I am currently in removal proceedings. Am I eligible for Keeping Families Together?

A. Yes. If you are otherwise eligible for parole in place under this process, including that you are present in the United States without admission or parole, USCIS will consider your request if you are currently in removal proceedings before an immigration judge (also called INA Section 240 proceedings), including if your case is on appeal before the Board of Immigration Appeals, or if you have a case that is administratively closed. This includes if you were released on bond or on your own recognizance.
However, USCIS will consider any relevant information related to your removal proceedings, and any other relevant factors, in determining whether to grant parole in place as a matter of discretion. If you constitute an enforcement priority based on national security, public safety, or border security* concerns/issues, USCIS will deny your request for parole in place under this process.
*NOTE: Consistent with the Sept. 30, 2021, Guidelines for the Enforcement of Civil Immigration Law, a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.

Q. How do I find out if I am in removal proceedings or have a removal order?

A. If you do not know if you have a removal order or are currently in immigration proceedings, you can call the EOIR hotline: 800-898-7180 / 304-625-2050 / TDD: 800-828-1120. ‘A-Number” refers to the immigration file number provided to you by U.S. immigration officials. It is an eight or nine-digit number that begins with an “A” and can be found on correspondence you have received from DHS or USCIS or on immigration court records.

Q. I have a final removal order but have not departed or been removed from the United States or have not departed after a grant of voluntary departure. Am I eligible for the Keeping Families Together process?

A. You may request parole in place under Keeping Families Together if you otherwise meet the criteria, but if you have a final removal order and have not departed the United States after the entry of that order, or have not been removed from the United States—sometimes called an “unexecuted” removal order (including a removal order that resulted from failure to depart after a grant of voluntary departure)—you are subject to a rebuttable presumption of ineligibility for this process.

Q. If my removal proceedings were administratively closed, am I eligible for Keeping Families Together?

A. Yes. USCIS may grant your parole in place request, if you otherwise meet the eligibility criteria and merit a favorable exercise of discretion. However, to apply for adjustment of status, you may need to seek re-calendaring, termination, or dismissal of your removal proceedings, depending on your circumstances.

Q. I was removed from the United States with a final order of removal and reentered without being admitted or paroled. Am I eligible for parole in place under Keeping Families Together?

A. No. If you were removed or departed the United States under an outstanding order of exclusion, deportation, or removal and subsequently reentered without being admitted or paroled, USCIS will not grant you parole in place under Keeping Families Together, regardless of the date of your removal, departure, or reentry.

Q. What factors will USCIS consider in determining whether I have rebutted the presumption of ineligibility for parole in place because I have a final unexecuted removal order?

A. USCIS will evaluate, in the exercise of its discretion on a case-by-case basis, all positive and negative factors presented in your case, including the facts and circumstances underlying the unexecuted final removal order, in determining whether you overcome the presumption of ineligibility and be granted parole in place. Examples of information that may be relevant to overcoming the presumption of ineligibility include, but are not limited to:

• Circumstances surrounding your removal order, such as:
  • Lack of proper notice;
  • Your age when the removal order was issued;
  • Lack of counsel, ineffective assistance of counsel or being a victim of fraud in connection with immigration representation;
  • Other extenuating factors or considerations, such as:
    • Language access issues;
    • Status as a victim of domestic violence;
    • A physical or mental condition requiring care or treatment;
    • Other extenuating personal factors, such as requestor’s limited resources (for example, a lack of housing that would have affected the requestor’s ability to appear);
  • Other mitigating factors.

Q. I was granted parole in place under this process but am in removal proceedings before an immigration judge or the Board of Immigration Appeals or had my removal proceedings administratively closed. Can I apply for adjustment of status to that of a lawful permanent resident with USCIS?

A. Not immediately. If you want to file for adjustment of status with USCIS, you must ask the immigration judge to first terminate or dismiss your removal proceedings. Even if USCIS grants you parole in place, the immigration court generally retains sole jurisdiction over your application for adjustment of status (Form I-485) as long as you remain in removal proceedings, including if your removal proceedings were administratively closed.
If you are in INA section 240 proceedings, you should contact the appropriate local ICE Office of the Principal Legal Advisor (OPLA) field office where your removal case is located and provide information about your approved parole request. You may request that ICE OPLA work with you, at their discretion, to jointly request that the court terminate or dismiss your removal proceedings, or if your case is administratively closed, to request that the court re-calendar and then terminate or dismiss your removal proceedings.

Q. I was granted parole in place under Keeping Families Together but have a final unexecuted removal order issued by an immigration judge or the Board of Immigration Appeals. Can I apply for adjustment of status to that of lawful permanent resident before USCIS?

A. No. USCIS generally will not have jurisdiction to adjudicate your application for adjustment of status (Form I-485), unless your removal proceedings are first reopened and terminated or dismissed by an immigration judge.
If you have a final unexecuted removal order, you may contact ICE OPLA to request that they work with you, at their discretion, to jointly submit a motion asking the immigration court to reopen and terminate or dismiss your removal proceedings.