Hello everyone, I’m attorney Maria Mendoza. Today I want to talk to you about immigration issues. In this session, we’ll address a question many people have been asking: Can I adjust my immigration status under Biden’s new parole if I have a deportation order? We’ll also cover other immigration-related topics.
Understanding Biden’s New Parole
Before diving into the main topic, let’s talk about Biden’s new parole, since there has been a lot of confusion about it—especially among people with deportation orders. At first, when it was announced, there wasn’t much information available. However, over time, several crucial aspects have been clarified that will help us understand who it is intended for.
You might also be interested in: Today applications begin for Biden’s Executive Order: a pathway to permanent residency.
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Requirements to Apply for the New Parole
Alright everyone, to be eligible and apply for the new Parole, certain requirements must be met, such as:
- Married to a U.S. citizen: You must be married to a U.S. citizen as of June 17 of this year.
- Continuous presence in the United States: You must have at least 10 years of continuous presence in the United States.
- Clean criminal record: The Parole is intended for people who entered the United States illegally, but it is very important that your record is clean, since there are several offenses that are not forgiven and could make you ineligible for this Parole.
What Happens If I Have a Deportation Order?
If you have a deportation order, your situation could become more complicated:
- If you left the United States and returned illegally: Unfortunately, if you have a deportation order or a prior removal, left the country, and then reentered the United States illegally, you cannot apply for this new Parole. This is one of the program’s strictest aspects.
- If you have a deportation order but did not leave the United States: In this situation, things are a bit more flexible and, although it’s not guaranteed, you may have the possibility of applying. However, these cases tend to be more complex and require a detailed analysis by an immigration attorney.
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Exceptions and Possible Solutions
There are some exceptions that could apply to this new parole, even if you have a deportation order:
- If you did not receive notice of the deportation order: If you never received the notice of the deportation order, you may have the opportunity to reopen your case and apply for this new temporary parole. For example, if the notice was sent to the wrong address and you never received it, you might qualify for a review.
- Legal negligence: If, during your deportation process, you were poorly represented by an attorney who was ineffective, that could help you reopen your case and allow you to apply for this new Parole.
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The Permanent Bar and the New Parole
Another relevant issue is the permanent bar, which affects those who have accumulated more than one year of unlawful presence in the United States and then left the country and attempted to reenter. This situation could significantly complicate your request for temporary parole.
- Permanent bar without a deportation order: If you are subject to the permanent bar but do not have a deportation order, you may have a small window of opportunity to file an application, but the information on how to handle these cases is limited and the course of action is not very clear.
You might also be interested in: What is the Permanent Bar?
It is important to keep in mind that the work permit granted under this new conditional parole is valid for three years and, according to the information available so far, cannot be renewed. This means that after that period, you will need to explore other legal options to maintain your status in the country. If you find yourself in a complex situation like those mentioned above, I recommend consulting with an immigration attorney to evaluate all your options. While Biden’s new conditional parole offers opportunities, it also comes with many restrictions and specific requirements that must be met.
In summary, if you have a deportation order, your eligibility to apply for Biden’s new parole will depend on several factors, such as whether you left the country, whether you received the proper notices, and whether you had effective legal representation. Each case is unique, and having the right guidance is essential for a successful process.
It is essential to have the support of an immigration attorney. At The Mendoza Law Firm, we can guide you through your process toward immigration regularization. We are confident in finding a solution to regularize your immigration status. Don’t hesitate to contact us!
The fight continues, until your papers are in order.
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