Parole Denial and How it Affects Immigrants Access of Relief
Angelica Rice • March 23, 2022
Click here to read this article in Spanish
One of the most controversial and volatile policies of the Department of Homeland Security (DHS), right now, is their policy regarding parole. Under current DHS guidance, “all aliens subject to expedited removal who: (i) are not arriving aliens; (ii) have established a credible fear of persecution or torture; and (iii) have been referred for full removal proceedings under section 240 of the Immigration and Nationality Act (INA), must be detained and have no right to bond or a bond hearing, BUT they may be released on parole. A grant of parole, is entirely the discretion of the ICE or CBP officer reviewing the case, is decided on a case by case basis, and may be granted “for urgent humanitarian reasons or significant public benefit”.
Under the current Trump administration, parole is being denied far more often than it is being granted. Many ICE field offices and detention centers are increasingly denying parole to asylum seekers and other immigrants, even after they were found to have a “credible fear” of persecution in their home country. The result, is that hundreds and thousands of immigrants are being held in detention for months without charge or parole, despite the fact that they have a pending immigration case.
Current guidance also indicates, that these immigrants must not be released on an order of release on recognizance (OREC) or an order of supervision (OSUP). However, despite this clear guidance, DHS officers continue to release many immigrants, including Cubans, on these recognizance and supervision orders.
Why is all of this a problem? How does this affect you?
This is a problem for all immigrants, but especially for Cuban immigrants.
If you are a Cuban immigrant coming to the United States, you are able to apply to adjust and gain status in the US based on the Cuban Adjustment Act (CAA).
However, to be eligible for a Green Card based on the CAA, you must be present in the United States after being inspected and admitted or paroled
by an immigration officer after January 1, 1959. If you are a Cuban who falls into the above mentioned class of immigrants, who has been detained and released on an order of recognizance or supervision, and who has not received a parole or has been denied parole, you are NOT eligible to adjust based on the CAA and obtain your Green Card. THIS IS A HUGE PROBLEM!!
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Receiving a two-year green card through marriage is an important step, but it leaves another process ahead: removing the conditions on permanent residence. For couples preparing a joint Form I-751 petition, understanding the filing window and organizing evidence early can make the preparation more manageable. The starting point is your own record. Locate the green card, the notice granting residence, and copies of the earlier immigration filing. Check the date conditional residence began and the card’s expiration date. Do not calculate the next deadline solely from your wedding anniversary or the date an attorney first submitted your case. Understand the joint filing window Under 8 CFR 216.4 , a joint I-751 petition generally must be filed during the 90-day period immediately before the second anniversary of obtaining conditional permanent residence. This is a window before that anniversary, not an additional 90 days after the card expires. Preparing early and filing early are different things. You can begin gathering records well before the window opens, while coordinating the correct submission date with your attorney. A joint petition also requires the appropriate signatures, fee, and supporting documentation. Confirm the current form instructions, accepted filing method, and applicable fee when the case is ready to submit. Build a record of the marriage over time The regulation identifies several types of evidence that may help show the marriage was not entered into to evade immigration law: jointly owned property, a lease for a shared home, combined financial resources, children’s birth certificates, and statements from people with personal knowledge of the relationship. These examples do not mean every couple must have a mortgage, joint accounts, or children. The evidence should accurately reflect your circumstances. A clear explanation of how you manage your household can be more useful than forcing your relationship into a checklist that does not fit. As a practical preparation step, organize records by date and type. Review whether they help explain the course of the marriage, rather than collecting only documents created shortly before filing. Flag separate addresses, name changes, or gaps in the records for your attorney. Never alter a document to make the history appear simpler. Tell your attorney if circumstances change This article addresses joint filing. Divorce, the death of a spouse, abuse, or other significant changes may require a different filing basis or an individualized assessment. Separate waiver provisions exist, with their own requirements. A spouse’s unwillingness to sign does not, by itself, establish eligibility for every waiver. Do not assume that the joint 90-day window answers every question about a non-joint case. If the relationship changes while preparing the petition or while it is pending, inform counsel promptly. You should not need to invent a continuing relationship to seek advice about the options that may actually apply. Keep tracking the case after submission The regulation provides that conditional resident status is automatically extended, when necessary, upon receipt of a properly filed I-751 until adjudication. Proof of that status is a separate practical matter: keep the receipt notice and have counsel review its wording before relying on it for travel or employment documentation. This article does not promise a particular receipt-extension period or processing time. A missed deadline calls for prompt legal attention. The regulation allows some late joint filings where USCIS accepts a written showing of good cause, but acceptance is not automatic. Do not assume a late petition cures the problem without further review. Santos Lloyd Law Firm, P.C. can help you assess the filing window, organize relevant evidence, and identify changes that may affect your I-751 strategy. Contact the firm early enough to review the facts before the deadline approaches.
October begins a new federal fiscal year, but that does not mean every green card applicant moves to the front of the line. The Department of State’s October 2026 Visa Bulletin sets out the visa availability that applicants in family-sponsored and employment-based preference categories need to review this month.
Santos Lloyd Law Firm takes great pride in announcing that Partner Flavia Santos Lloyd has been invited to join the Fellows of the American Bar Foundation. As a highly selective global network, the organization recognizes legal professionals across both the public and private sectors who embody the absolute highest standards of the practice. Admission to this distinguished group highlights Flavia’s outstanding legal career, professional integrity, and deep impact on the legal community. Our team celebrates Flavia on this well-deserved recognition!
