Keeping Families Together vs. I-130: Which Path Fits Your Mixed-Status Marriage in 2026?

Planning a mixed-status marriage case in 2026 starts with one core question: was there a lawful admission or parole?

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If you’re in a mixed-status marriage and trying to plan for 2026, the choices can feel confusing.

Many couples hoped the Keeping Families Together (KFT) parole-in-place program would offer a new path for family unity immigration, but a federal court vacated the policy in late 2024.

With KFT no longer available, families must focus on the routes that still exist: I-130, adjustment of status when there was a lawful entry, or consular processing with waivers.

In this article, we break down mixed-status marriage options for 2026 so you can see what’s truly available—and which path may be safer for your family.

Quick Answer for 2026: What Mixed-Status Marriage Options Still Exist After KFT?

Mixed-status marriage options 2026 look very different from what many families expected.

The Keeping Families Together parole-in-place program was vacated by a federal court on November 7, 2024, and USCIS stopped accepting or adjudicating filings, cancelled ASC appointments, and halted all use of Form I-131F.

Unless immigration law changes, couples should not rely on KFT as a planning tool for family unity immigration 2026.

With KFT off the table, the I-130 vs. Keeping Families Together 2026 comparison now has a simple bottom line: KFT is unavailable, and the I-130 family petition remains the foundation for most cases.

• If a spouse was admitted or paroled, the next step may be adjustment of status.
• If there was an entry without inspection, the more common route is consular processing, often combined with the I-601A provisional waiver for unlawful presence.

Other tools—such as INA 245(i) adjustment, available only for families linked to petitions filed before April 30, 2001—still exist but apply narrowly.

For everyone else, planning in 2026 means using the legal paths that remain open, not relying on programs that were struck down in court.

Keeping Families Together (KFT) Explained: What It Was and Why It Still Matters in 2026

The Keeping Families Together policy, announced on June 18, 2024, and implemented on August 19, 2024, was created to offer parole in place for spouses relief.

Its goal was simple: help long-term undocumented spouses and stepchildren of U.S. citizens stay in the country through a process that supported family unity immigration.

To qualify, families generally needed ten years of continuous presence by June 17, 2024, a valid marriage to a U.S. citizen, and clean security checks.

In practice, KFT could have allowed many mixed-status marriage cases to pursue adjustment of status inside the U.S. without triggering the three- or ten-year bars.

But in November 2024, a federal district court vacated the rule, and USCIS responded by cancelling ASC appointments, stopping the use of Form I-131F, and initiating fee refunds.

Even so, KFT still matters in 2026 because it shaped expectations. Many couples heard about the possibility of staying together through parole in place, and the sudden end of the program created confusion and mixed messages.

For families who carried that hope, the next step is not to wait for another policy shift, but to ground their decisions in the legal paths that are actually available and build a plan that protects their stability today.

How the I-130 Route Works for Mixed-Status Marriages in 2026

For most mixed-status marriage cases, the I-130 family petition is the legal foundation of the process.

Form I-130 allows a U.S. citizen or resident to prove the marriage is real through documents like joint bills, leases, photos, and financial records—but an approved I-130 does not give lawful status or work authorization.

After approval, the case moves into the next phase:

• adjustment of status if the spouse was admitted or paroled, or 
• consular processing for mixed-status couples when the spouse entered without inspection.

Immediate relatives benefit from rules that keep a visa always available, while families with older petitions may still qualify under INA 245(i) for spouses 2026. For help organizing evidence and preparing this first step, many couples use I-130 guidance from Lorenzo Law Group.

For couples who need help organizing evidence or planning next steps, I-130 guidance from Lorenzo Law Group can clarify what a strong family petition should include.

Why Unlawful Presence and Entry History Matter: The 3/10-Year Bars, I-601A, and 245(i) for Mixed-Status Marriages in 2026

For many mixed-status marriage cases, the biggest risk appears when the noncitizen spouse must leave the U.S. for consular processing for mixed-status couples.

More than 180 days of unlawful presence can trigger a three-year bar, and more than one year can trigger a ten-year bar after departure.

The I-601A waiver for unlawful presence 2026 helps some families by allowing them to request forgiveness before traveling, based on “extreme hardship” to a qualifying U.S. citizen or resident relative.

It does not cover fraud or prior removal orders. A smaller group may qualify for INA 245(i) for spouses 2026, based on older petitions filed before April 30, 2001; the official USCIS 245(i) policy explains how certain families remain “grandfathered” even after many years.

When preparing evidence—medical records, financial documents, letters, and proof of community ties—many couples rely on spousal visa lawyers at Lorenzo Law Group to understand what USCIS expects.

Side-by-Side: KFT (Vacated) vs. I-130-Based Routes

In this section we break down how each path worked—or works today—and what that means for mixed-status marriage options 2026.

Eligibility and Threshold Facts

KFT (now vacated) targeted spouses and stepchildren who lacked admission into the United States but had at least ten years of continuous presence by June 17, 2024, a valid marriage to a U.S. citizen, and clear security vetting—criteria outlined in the official Federal Register notice on KFT. The program focused on long-term residence and existing family ties.

The I-130 route works differently. It requires proving a bona fide marriage to a U.S. citizen or lawful permanent resident. The petition does not grant status or permission to stay; it simply establishes the qualifying family relationship.

What Status Each Could or Can Lead To

Had it remained in place, KFT would have granted parole in place for spouses, giving many families a chance to pursue adjustment of status without leaving the United States. After the vacatur, this option is no longer available.

I-130-based cases still lead to lawful permanent residence, but the process varies:

• Adjustment of status is possible for spouses who were admitted or paroled, or those who qualify under INA 245(i).
• Others must complete consular processing for mixed-status couples, often with an I-601A waiver for unlawful presence 2026 to address departure-related bars.

Risks and Uncertainties

KFT’s strength—its ability to protect long-term families—also made it vulnerable.

A single court ruling ended the entire program, leaving no predictable timeline or pathway.

I-130-based routes have decades of legal stability, but they carry their own risks.

Adjustment cases may encounter issues like misrepresentation or criminal records, while consular cases can involve unlawful-presence bars, inadmissibility findings, or delays in administrative processing.

Understanding these differences helps families choose the path with the most reliable structure for 2026.

Planning Your Next Steps as a Mixed-Status Couple in 2026

Planning a mixed-status marriage case in 2026 starts with one core question: was there a lawful admission or parole?

If the noncitizen spouse was inspected or paroled into the U.S., adjusting status may be possible, depending on other factors.

If there was no lawful entry, the more common route looks like this:

1. I-130 approval to establish the qualifying relationship.
2. National Visa Center (NVC) processing and CEAC document uploads.
3. I-601A waiver for unlawful presence 2026, prepared and filed before leaving the U.S.
4. Consular processing for mixed-status couples, including the interview abroad once the waiver is approved.

Families linked to older filings should also check whether INA 245(i) for spouses 2026 might apply, since it can allow adjustment inside the country.

A simple planning framework many couples use is to ask a few essential questions:

• How much unlawful presence has been accumulated?
• Was there any prior removal or voluntary departure?
• Any re-entry after removal or deportation?
• Any fraud, misrepresentation, or use of false documents?
• Any criminal history that could affect eligibility?

These red flags can change timelines and strategies, so they should never be handled without guidance.

Documents Most Couples Need to Prepare

Most cases require bona fide marriage evidence (joint bills, leases, taxes), proof of admission or parole, or any documents supporting 245(i) eligibility.

For waivers, hardship evidence—medical records, financial documents, school records, or safety concerns—becomes essential.

Timelines and fees vary and should always be checked on USCIS and DOS websites.

If you’re unsure which legal route best protects your family, a bilingual immigration team —Lorenzo Law Group can review your entry history, identify risks, and outline the safest path.