By: Rosina Stambaugh January 30, 2025

Resources for CHNV Parolees

CHNV Parole

The CHNV parole program allowed nationals from Cuba, Haiti, Nicaragua, and Venezuela to enter the United States temporarily through a “parole” process based on urgent humanitarian issues in those nations. Parole is a temporary immigration status that grants noncitizens permission to stay in the U.S. for a specific time frame, usually up to two years.

The program allowed noncitizens who passed a thorough background check to apply for permission to come to the country through a U.S.-based sponsor. It provided a two-year stay, work authorization, and protection from deportation during those two years.

Changes to the CHNV Program in 2025

In October 2024, the Biden administration paused the CHNV program and decided not to renew it. Among the humanitarian parole changes in 2025 so far, on January 20, President Trump signed an executive order terminating category-based parole programs, including the CHNV program.

Steps to Take If You Are a CHNV Parolee

Take a deep breath if you are worried about your future. Then, as a CHNV parolee, take the following steps to understand what you can and should do next:

Identify your parole’s expiration date,
Learn about “unlawful presence” under U.S. immigration law, and
Contact an immigration lawyer.

Stay updated on policy changes by monitoring announcements from U.S. Citizenship and Immigration Services (USCIS). If you have questions about what an announcement means, consult an immigration attorney—do not assume you understand.

Legal Status for CHNV Nationals in the U.S.

The current legal status for CHNV nationals in the U.S. is unclear to many. Crucially, if you are a CHNV parolee, your status did not end immediately with President Trump’s declaration. Check the expiration date on your parole documents. Until that date, your status should remain valid, regardless of the announcement.

Unlawful Presence in the U.S.

Being in the U.S. without lawful status is a violation of immigration law. For each day you spend consecutively in the U.S. without authorization, you accrue “unlawful presence.” The consequences associated with unlawful presence vary by the length of time you spend in the U.S.:

If you accrue less than 180 days, you should not be prevented from getting immigration benefits based on that presence;
If you accrue between 180 days and a year, you typically cannot reenter the U.S. for at least three years; and
If you accrue a year or more, you typically cannot reenter the U.S. for up to 10 years.

Although we do not advise that anyone stay in the U.S. beyond their legal status’s expiration, we understand that knowing what could happen if you do is essential to making an informed decision.

Immigration Alternatives for CHNV Parolees

Depending on the circumstances, parolees from CHNV countries may have alternative options to remain in the U.S. These options vary by country of origin, reasons for leaving, and how safe returning would be.

Cuban Adjustment Act for CHNV Parolees

Cuban parolees may be eligible to obtain a green card and remain in the U.S. permanently under a Cuba-specific law: the Cuban Adjustment Act. For CHNV parolees from Cuba, getting a green card through this act requires you to have legally entered the U.S. and have been physically present in the U.S. for at least one year.

Asylum Application for Parolees

CHNV parolees who fear returning to their home countries may apply for asylum. To qualify for asylum, you must prove you believably fear being persecuted in your home country based on your actual or perceived:

Race,
Religion,
Nationality,
Political opinion, or
Membership in a particular social group.

A potential issue with submitting an asylum application for parolees is the one-year asylum rule: you usually have to apply for asylum within one year of your arrival in the U.S. Consult an attorney as soon as possible if you are considering asylum.

Temporary Protected Status (TPS) for CHNV Nationals

Temporary Protected Status (TPS) provides temporary lawful status to individuals from countries experiencing humanitarian crises. Temporary Protected Status (TPS) for CHNV nationals is limited to those from Haiti, Nicaragua, and Venezuela—Cuba is not part of the program.

Unfortunately, TPS does not open a pathway to a green card, and, like the CHNV parole program, it is subject to political whims. TPS relies on the U.S. government choosing to extend the program. Your status can end if the government does not extend the program for your home country.

Adjustment of Status for CHNV Nationals

If they independently qualify, individuals from CHNV countries can also adjust status (apply for a green card without leaving the U.S.). You may be eligible for a green card if a family member or employer sponsors you. In limited circumstances, you can also sponsor yourself.

Immigration Advice for CHNV Parolees

The January 20, 2025, end of the CHNV parole program is only one aspect of the current presidential administration’s hostility. Stay informed about changes to the law, and when in doubt, consult an immigration lawyer.

The Law Office of Rosina C. Stambaugh provides comprehensive services for CHNV parolees, including:

Protecting clients from deportation (removal) proceedings,
Assisting parolees in applying for asylum,
Guiding clients through family-based immigration sponsorship, and
Ensuring parolees can legally work while residing in the country.

For specific immigration advice for CHNV parolees, contact the Law Office of Rosina C. Stambaugh today. Immigration policies and programs can change quickly, but the Law Office of Rosina C. Stambaugh is here to provide clarity and guidance to noncitizens in the U.S. Do not wait to contact us. We are here to help you understand your options, even as the political climate fluctuates.

Resources:

Sergio Martínez-Beltrán, NPR, Trump orders end of humanitarian parole for migrants of 4 countries, link.
USCIS, Asylum, link.
USCIS, Green Card Eligibility Categories, link.
USCIS, Green Card for a Cuban Native or Citizen, link.
USCIS, Temporary Protected Status, link.
USCIS, Temporary Protected Status Designated Country: Haiti, link.
USCIS, Temporary Protected Status Designated Country: Nicaragua, link.
USCIS, Temporary Protected Status Designated Country: Venezuela, link.
USCIS, Unlawful Presence and Inadmissibility, link.

Rosina Stambaugh

Rosina C. Stambaugh, founder of The Law Office of Rosina C. Stambaugh in York, brings a wealth of expertise to immigration law. With a focus on removal defense, Ms. Stambaugh has successfully litigated cases across various Immigration Courts, the Board of Immigration Appeals, and the Third Circuit Court of Appeals, offering comprehensive support to clients facing diverse immigration challenges. She also represents individuals and families applying for affirmative benefits with U.S. Citizenship & Immigration Services.