News reports began to circulate in early October that U.S. Citizenship and Immigration Services (USCIS) had decided not to grant re-parole to individuals who were granted humanitarian parole via the Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) process. This would be a departure from the process for Uniting for Ukraine (U4U) parolees who have access to a program-specific, streamlined re-parole process. USCIS updated their FAQ to indicate that after the parole period expired, a CHNV parolee could not apply for re-parole. But the agency did not officially announce that it would deny re-parole to CHNV parolees.

Shortly thereafter, USCIS quietly changed its FAQ again to state that re-parole is a potential option for CHNV parolees. USCIS has not released any guidance as to what criteria they will consider when determining whether to grant re-parole. However, the new Form I-131 includes the option for an applicant who was initially paroled into the United States under INA § 212(d)(5)(A) to seek a new period of parole but not under a specific program or process.

Even if re-parole is granted, it remains a temporary benefit. As such, CHNV parolees should consider other benefits that could provide them with greater protection. This article highlights some options to screen for.

Family Based Immigration – Some CHNV parolees may be eligible to adjust status as the relative of a U.S. citizen (USC) or lawful permanent resident (LPR). Preference category applicants are ineligible for adjustment of status under INA § 245(a) if they have ever worked without authorization or if they failed to maintain continuously a lawful immigration status since their entry into the United States. Timely seeking re-parole, or applying for another temporary status, such as Temporary Protected Status, can help those in the preference categories remain eligible for adjustment of status while they wait for their priority date to become current.

Cuban Adjustment Act – Cuban citizens who have been paroled into the United States may apply for adjustment of status after they have been present in the United States for at least one year at the time they file Form I-485. Applicants must be admissible or eligible for a waiver.

Temporary Protected Status (TPS) – TPS may be an option for Haitians and Venezuelans who meet the continuous residence and physical presence requirements. Haiti is currently designated for TPS through Feb. 3, 2026. Applicants may file an initial registration through Feb. 3, 2026. To be eligible, the applicant must be a Haitian national (or last habitually resided in Haiti) and demonstrate continuous residence in the United States since June 3, 2024, and physical presence since Aug. 4, 2024.

Venezuela currently has two designations, but only one is relevant to CHNV parolees. Venezuelans who already had TPS under the 2021 designation may be able to file a late re-registration based on good cause. However, this is inapplicable to CHNV parolees as the program was created after the 2021 TPS designation for Venezuela. Those Venezuelans who have not previously been granted TPS may be able to file a first-time registration under the 2023 designation. To be eligible under the 2023 designation, the applicant must have continuous residence in the United States since July 31, 2023, and continuous physical presence since Oct. 3, 2023.

Asylum – Asylum provides a path to lawful permanent resident (LPR) status. It is available to someone who has suffered past persecution or has a well-founded fear of persecution in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group. Affirmative asylum applications generally must be filed within one year of the individual’s last entry into the United States. However, maintaining valid parole status is considered an extraordinary circumstance and an exception to the generally applicable one-year filing deadline.

U Nonimmigrant Status – U nonimmigrant status is for victims of certain qualifying crimes who have suffered mental or physical abuse as a result of their victimization. Applicants must show that they have been helpful to law enforcement or government officials in the investigation or prosecution of those crimes. U nonimmigrants may apply for LPR status after three years of continuous physical presence in U status.

For more information on these and other benefits, visit CLINIC’s website.