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.
Choosing the right recommenders is one of the most critical steps in building a successful O-1 visa petition. The standard for this visa is a high one, you must not only be an accomplished professional within your field but among the very top cadre of your peers. Reference letters serve as the connective tissue of an O-1 petition, transforming a dry list of accolades into a compelling narrative of extraordinary achievement. While awards and press clippings prove that you did something, reference letters provide the expert testimony necessary to explain why it mattered. In the eyes of USCIS, these letters function as evidence that contextualize your work within the broader industry, offering a level of nuance and credibility beyond the objective facts of your career journey. Without them, an adjudicating officer is left to interpret complex professional milestones in a vacuum; with them, you have a panel of qualified experts certifying that you are not just competent, but extraordinary and indispensable to your field. In short, they are the "voice" of your petition, validating your status as an individual of extraordinary ability. If you are beginning the process of identifying your recommenders, here are four essential qualities you should look for in a contact. 1. High Public Visibility In the eyes of USCIS, the status of the recommender often reflects the status of the applicant. USCIS officers will scrutinize every aspect of your petition, and this includes researching your references. If a recommender is someone who is easily recognizable due to an extensive public profile, especially due to their accomplishments, it makes it easier to verify that their opinion of you as a candidate should be given more weight and taken seriously. Look for individuals who have a "public profile." This could mean: They are frequently quoted in major media outlets. They have a significant social media following or industry-wide recognition. They have won major awards (Oscars, Grammys, Pulitzers, etc.) or hold prestigious titles. Their name is synonymous with success in your specific niche. When an officer sees a letterhead from a globally recognized entity or a signature from a famous figure, it immediately sets the tone that you are a candidate worth evaluating, and the words they have written on your behalf will weigh strongly on the officer’s decision. 2. Significant Accomplishment in the Field Your recommender should be an "expert" in their own right, whatever that means for your particular field. USCIS needs to know that the person praising you is actually qualified to evaluate your talent and knows the difference between someone who is merely accomplished in the field versus someone who has reached the pinnacle of their profession. Ideally, your contact should be more senior or more accomplished than you are. They should have a track record of success that is beyond reproach. However, they don't necessarily have to be in your exact job title. They can be in a related field, provided they are in a position to judge your work. For example, if you are a VFX Artist, a famous Film Director or a Senior Producer would be highly qualified to evaluate your contributions to a production. 3. A Deep Professional or Personal Connection One of the most common mistakes O-1 applicants make is chasing "big names" who don't actually know them. A generic letter from a celebrity who has never met you will likely be dismissed as "boilerplate." The strongest letters come from people who can speak to your work with specificity because they have worked directly with you in a professional context. You should look for contacts who know you through: An extensive personal history: Someone who has mentored you or followed your career trajectory for years, who can thus attest to your professional growth and elite trajectory over time. Direct collaboration: Someone who has worked alongside you in a professional context, and has witnessed your impact as a professional first hand because they were also directly invested in whatever project or goal you were working towards. This can also include peers you competed against, if you are an athlete. Your reference letters should describe specific instances where your skills and accomplishments shined through, or where you and your reference worked together towards meeting some goal. This level of detail comes naturally when your reference truly knows you as a professional because of a deep familiarity with your work or direct experience with you as a professional. 4. A Willingness to Advocate Zealously This is perhaps the most underrated quality in a recommender. You do not want a contact who is only willing to "confirm the facts." A letter that simply affirms facts and offers a standard affirmation of your skills and accomplishments will not convey to the officer that you are truly extraordinary. You should seek recommenders who are willing to be effusive. They should be prepared to use strong language—words like indispensable, unparalleled, world-class, and pioneer. This is a visa for exceptionally accomplished professionals, and for your references to be effective their words must convey to the officer that you are truly extraordinary. If a contact is hesitant to provide a glowing, high-energy recommendation, they may not be the right choice for this specific legal process. Final Thoughts The O-1 visa is a high bar, and your reference letters are the pillars that hold up your petition. By seeking the right qualities in your references, you can ensure that you will receive strong and impactful letters that will in turn help to maximize your chances of receiving an O-1 visa. At Santos Lloyd Law Firm, we pride ourselves on assisting our talented clients in every aspect of the O-1 visa process. If you are an exceptionally talented individual considering applying for an O-1 visa, please contact us today and we will be happy to guide you towards a successful outcome.
The U.S. Citizenship and Immigration Services (USCIS) has concluded the annual H-1B cap lottery for Fiscal Year 2027, with employers and legal representatives now able to check selection outcomes through their registration portals.
In 1948, the world came together to declare that certain rights are inherent to every human being, regardless of nationality. Chief among these is the right to safety.
The Universal Right to Seek Safety
The Universal Declaration of Human Rights (UDHR), specifically Article 14, guarantees that "everyone has the right to
