DHS Announces Parole Program for El Salvador, Honduras, Guatemala, and Colombia

The Department of Homeland Security has announced a family reunification parole program for Salvadoran, Guatemalan, Honduran, and Colombian nationals who are beneficiaries of approved I-130 petitions. The program will allow these individuals to apply for to be paroled into the United States for up to 3 years, while they await the opportunity to apply for permanent residence. Given the horrendous backlog for spouses and minor children of lawful permanent residents right now in the visa bulletin, this is a welcome announcement.

The full text of the announcement can be found here:

https://www.dhs.gov/news/2023/07/07/dhs-announces-family-reunification-parole-processes-colombia-el-salvador-guatemala

Third Circuit Finds that Paroled Non-Citizen is Arriving Alien

The Third Circuit has affirmed that a person admitted as a nonimmigrant, who subsequently leaves the United States and is paroled back in on an advance parole document, is properly classified as an arriving alien.

The full text of Iredia v. Attorney General can be found here:

https://www2.ca3.uscourts.gov/opinarch/211379p.pdf

BIA Affirms that Defective NTA does not Affect Immigration Court Jurisdiction; Opines on Impact of Termination of Parole

The Board of Immigration Appeals has again determined that a Notice to Appear that is lacking the time and date of the first removal hearing does not deprive the Immigration Court of jurisdiction. The Board also noted that parole terminates when a respondent is served with a Notice to Appear, even if it is missing the time and date information. The Board then engaged in a very troublesome analysis of how the termination of parole caused the respondent to resort to her previous status as a person present without admission or parole, making her ineligible for adjustment of status under 245(a) of the INA. This is troubling, as it has long been understood by the courts that expired parole would still meet the “admitted or paroled” requirement for adjustment. This case appears to involve someone who was seeing to adjust in a preference category, and therefore, would have also needed to show that she was also maintaining lawful status at the time of her adjustment application. It also involved a person who originally entered without inspection and then was granted parole to testify in a criminal proceeding. Both of these facts could distinguish this case from that of a person who presented herself at a port of entry and was paroled in, and who is seeking adjustment as an immediate relative. Nevertheless, practitioners should be aware of the potential ramifications of the parole analysis in this case.

The full text of Matter of Arambula-Bravo can be found here:

https://www.justice.gov/eoir/page/file/1435951/download

Ninth Circuit Permits DHS to Parole Returning LPR into US Pending Resolution of Criminal Charges

The Ninth Circuit has determined that DHS may parole in a lawful permanent resident (LPR) who has pending criminal charges, if a conviction under those charges would render the LPR inadmissible. In so doing, the Court deferred to the Board of Immigration Appeals’ decision in Matter of Felix Valenzuela.

The full text of Vazquez Romero v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/28/15-72947.pdf

USCIS Announces End of Filipino and Haitian Parole Programs

USCIS has announced the termination of the Haitian Family Reunification Parole program and the Filipino World War II Veterans Parole program.

The full text of the announcement can be found here:

https://www.uscis.gov/news/news-releases/uscis-end-certain-categorical-parole-programs

Ninth Circuit finds that Parole is not Admission in Any Status

The Ninth Circuit has determined that an individual who entered in the United States on a parole document was not “admitted in any status,” as contemplated by the cancellation of removal for lawful permanent residents statute. In so doing, the court noted that its prior case law finding that parole status connected with Family Unity Benefits constituted an admission had been repudiated by the Board of Immigration Appeals (Board) and that that the court had previously deferred to the Board’s narrower definition of admission.

The full text of Allaniz v. Barr can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/05/20/15-72792.pdf

USCIS Announces Final Rule for Parole for International Entrepreneurs

U.S. Citizenship and Immigration Services has issued a final regulation governing the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial and demonstrated potential for rapid business growth and job creation that they would provide a significant public benefit to the United States. Such potential would be indicated by, among other things, the receipt of significant capital investment from U.S. investors with established records of successful investments, or obtaining significant awards or grants from certain Federal, State or local government entities. If granted, parole would provide a temporary initial stay of up to 30 months (which may be extended by up to an additional 30 months) to facilitate the applicant's ability to oversee and grow his or her start-up entity in the United States.

The full rule can be found here:

https://www.federalregister.gov/documents/2017/01/17/2017-00481/international-entrepreneur-rule

DHS to Implement a Parole Policy for U Visa Petitioners

USCIS will implement a parole policy in 2017 for U visa petitioners and derivatives.  Though the final policy was not announced, USCIS indicates that the following policy recommendations were made by the Ombudsman's Office:

1. Consistent with its regulations, USCIS should afford parole to eligible U petitioners and family members on the waiting list who reside abroad by creating a policy to facilitate entry into the United States while waiting for a visa to become available.

2. The parole policy created by USCIS should allow for concurrent filings of the U visa petitions and requests for parole.

3. Cases should be adjudicated at the Vermont Service Center, where U petitions currently are processed, to ensure consistent and effective adjudication, and where Congress expressly authorized the placement of the adjudication of vulnerable populations.

We'll anxiously await the final policy next year!

The announcement of the policy can be read here: 

https://www.dhs.gov/sites/default/files/publications/cisomb-u-parole-recommendation-061616.pdf

Eleventh Circuit Addresses Adjustment of Status for Non-Citizen Crewman

Typically, non-citizens admitted on crewmen visas are not eligible for adjustment of status.  In a published case, the Eleventh Circuit determined that the beneficiary of such visa, who is subsequently granted medical parole, is still ineligible for adjustment of status.  The subsequent parole does not trump the status a crewman.

The full text of Reganit v. Sec. of DHS can be found here: http://media.ca11.uscourts.gov/opinions/pub/files/201510784.pdf