Aggravated Felonies

            The Attorney General may “parole” noncitizens seeking admission (including noncitizens who entered without inspection)[370] into the United States.  Done for purposes of “urgent humanitarian reasons or significant public benefit,” this parole is temporary, and may be granted under any conditions the Attorney General decides to impose.[371]  The Attorney General has discretion whether to grant or deny parole.[372]

Often parole is granted as a form of “deferred adjudication,” allowing the noncitizen to obtain documents to present to a DHS officer, or to come before an immigration judge.[373]  While the noncitizen is allowed to enter the United States, parole is not an admission to the United States, and the noncitizen may still be later found inadmissible.  Parolee status is, however, lawful status until it expires or is revoked or terminated.[374]

Whether a parolee may adjust status to that of a lawful permanent resident is at issue in the courts, since the INA and the regulations seem to disagree. However, because a noncitizen convicted of an aggravated felony is not barred from adjustment of status unless the conviction otherwise triggers inadmissibility, it is possible that an undocumented noncitizen (or someone otherwise paroled into the United States) convicted of an aggravated felony could apply for adjustment of status.  See § 2.2, supra.

[370] See INA § 235(a)(1), 8 U.S.C. § 1225(a)(1).  See also Memo, Virtue, G.C. for Field (HQCOU 120/17-P) (Aug. 21, 1998), reprinted in 76 Interpreter Releases 1050, 1067-70 (July 12, 1999).

[371] INA § 212(d)(5), 8 U.S.C. § 1184(d)(5); 8 C.F.R. § § 212.5, 1212.5 (listing persons eligible for parole).

[372] Ibid.  See also Rodriguez-Fernandez v. Wilkinson, 654 F.2d 1382 (10th Cir. 1981).

[373] 8 C.F.R. § § 235.2, 1235.2.

[374] 8 C.F.R. § § 245.1(d)(1)(v), 1215(d)(1)(v).