I-131F-001 Emergency Memo

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Information Technology
Washington, DC 20529

Memorandum
TO:

Richard Revesz
Administrator,
Office of Information and Regulatory Affairs,
Office of Management and Budget

THROUGH:

Eric Hysen
DHS Chief Information Officer

ERIC N
HYSEN

Digitally signed by ERIC
N HYSEN
Date: 2024.08.14
09:45:25 -04'00'

FROM:

Samantha Deshommes
USCIS Office of Policy and Strategy,
Chief, Regulatory Coordination Division

SAMANTHA L
DESHOMMES

Digitally signed by
SAMANTHA L DESHOMMES
Date: 2024.08.13 11:43:37
-04'00'

SUBJECT:

Request for Emergency OMB Paperwork Reduction Act (PRA) Clearance – USCIS Form
I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren
of U.S. Citizens.

Purpose: U.S. Citizenship and Immigration Services (USCIS) requests emergency approval for Form I131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, a
new collection of information. USCIS is seeking approval for the collection of information under 5
C.F.R.§ 1320.13(a)(2)(ii) and (iii).
Background: Family unity is a bedrock objective of the U.S. immigration system. While U.S.
immigration law generally provides noncitizens who are married to U.S. citizens with the opportunity to
apply for lawful permanent resident (LPR) status while remaining in the United States, the requirement to
be inspected and admitted or paroled prevents many families from availing themselves of this benefit,
even though they otherwise qualify for LPR status.
Recognizing the hardships that American families and communities face as a result of obstacles such as
this, President Joseph R. Biden in 2021 directed the U.S. Department of Homeland Security (DHS) and
other agencies to “identify barriers that impede access to immigration benefits and fair, efficient
adjudications of these benefits and make recommendations on how to remove these barriers as
appropriate and consistent with applicable law.” i
Furthermore, on June 18, 2024, President Biden announced that DHS would take action to preserve the
unity of mixed status families by establishing a process for certain noncitizen spouses and stepchildren to

access LPR status without requiring them to depart the United States. DHS is now working to implement
that process and open it up for applications by August 19, 2024.
Discussion: Consistent with the President’s announcement, DHS is establishing a process for certain
noncitizens who are married to a U.S. citizen (or are the noncitizen stepchild of a U.S. citizen) and are
present in the United States without admission or parole, to request parole in place under section
212(d)(5)(A) of the INA, 8 U.S.C. § 1182(d)(5)(A).
DHS is publishing a notice in the Federal Register titled, “Implementation of Keeping Families
Together” and creating Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and
Stepchildren of U.S. Citizens, to implement this process as an online, electronically filed collection of
information. Form I-131F will be used by eligible noncitizens to request parole in place under this
process.
Establishing the new Form I-131F is essential to the effective adjudication of parole in place requests and
subsequent immigration benefit requests submitted by eligible individuals. Emergency processing is
justified because USCIS must quickly collect the requested information to fulfill its mission of
implementing the President’s announcement and meet public expectations that USCIS will begin
accepting applications by August 19, 2024. In addition, for various reasons, significant public harm is
reasonably likely to result if USCIS were to seek public comment before the process is implemented.
First, the hardships these families have endured will continue, undermining the President’s directive to
eliminate barriers to the immigration system and promote family unity and security. Second, individuals
who may be considered for parole in place under this process are already susceptible to fraud perpetrated
by consultants and others seeking to game the system, who make false promises to secure parole for a fee,
before the process is actually implemented. Put simply, noncitizens face a heightened risk of being
victimized by immigration scammers the longer it takes to implement this process. To mitigate these
risks, the President’s announced process should be implemented swiftly—by August 19.
USCIS seeks emergency processing of the Form I-131F in accordance with 5 C.F.R. § 1320.13. USCIS
certifies that the requirements of 5 C.F.R. § 1320.13(a) are met and that:
•
•

The collection of information is needed immediately and is essential to the mission of the agency.
The use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of
information.

USCIS greatly appreciates the timely consideration of this request.
Recommendation: DHS recommends the emergency approval of this collection of information under 5
C.F.R. § 1320.13.

Exec. Order No. 14012, Restoring Faith in Our Legal Immigration System and Strengthening Integration and
Inclusion Efforts for New Americans, 86 Fed. Reg. 8277 (Feb. 5, 2021).
i