Deportation Orders and Biden's Executive Order: What Are Your Options for Regularizing Your Status?

Hello everyone, this is attorney María Mendoza. Today, I want to talk to you about immigration issues, and in this session, we'll discuss a question that many people have been asking: Can I adjust my immigration status under Biden's new Parole if I have a deportation order? Additionally, we will cover other immigration-related topics.

Understanding Biden's New Parole

Before diving into the main topic, let's talk about what Biden's new Parole is, as there has been a lot of confusion about it, especially among people with deportation orders. In the early days when this Parole was announced, there wasn't much information available. However, with time, several crucial aspects have been clarified that will help us understand who this Parole is intended for.

You might also be interested in: Applications for Biden's Executive Order Begin Today: A Path to Permanent Residency

Requirements to Apply for the New Parole

Well, everyone, to be eligible and apply for the new Parole, certain requirements must be met, such as:

• Being married to a U.S. citizen: You must be married to an American 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 aimed at people who entered the United States illegally, but it's really important that your record is clean, as there are several offenses that are not forgiven and could make you ineligible for this Parole.

What Happens If You 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, a prior deportation, left the country, and re-entered the United States illegally, you cannot apply for this new Parole. This is one of the strictest aspects of the program.

• 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 to apply. However, these cases tend to be more complicated and require a detailed analysis by an immigration attorney.

Exceptions and Possible Solutions

There are a few exceptions that might apply for this new Parole, even if you have a deportation order:

• If you did not receive a deportation order notification: If you did not receive the deportation order notification, you might have a chance to reopen your case and be able to apply for this new Parole. For example, if the notification was sent to an incorrect address and you never received it, there may be a possibility that you qualify for a review.

• Legal malpractice: If during your deportation process you were poorly represented by an attorney who was not efficient, that could help you reopen your case and allow you to apply for this new Parole.

Permanent Bar and the New Parole

Another relevant issue is the permanent bar, which affects people who have accumulated more than one year of illegal presence in the United States and then left the country and tried to re-enter. This situation could complicate your application for this Parole significantly.

• Permanent bar without a deportation order: If you are subject to the permanent bar but do not have a deportation order, you might have a small window of opportunity to apply, but the information to deal with 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 note that the work permit granted under this new Parole is valid for three years, and according to the information available so far, it 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 suggest consulting with an immigration attorney to evaluate all your options. While Biden's new 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 under Biden's new Parole will depend on several factors, including whether you left the country, whether you received proper notifications, and whether you were legally represented efficiently. Every case is unique, and having the right guidance is essential to navigate this process successfully.

It's crucial to have the support of a specialized immigration lawyer. At The Mendoza Law Firm, we can guide you through your journey toward legal status. We are confident that we can find a solution to regularize your immigration status. Don't hesitate to contact us!

La lucha sigue, Until you get your papers in order