Haitian immigrants face loss of legal status as Biden parole program expires, here are possible next steps

Editor’s Note: The information provided in this guide is for general informational purposes only and does not constitute legal advice. Readers should not rely solely on the information provided here but should consult with a licensed immigration attorney or a qualified legal professional to understand how these options apply to their specific circumstances.

As the Humanitarian Parole program for Haitian, Cuban, Venezuelan, and Nicaraguan nationals winds down, thousands of Haitian immigrants in the U.S. are on the brink of losing their legal status. With the U.S. government refusing to extend parole for these migrants, individuals must act quickly to avoid deportation.

If you or someone you know is facing this uncertainty, exploring alternative legal pathways is critical. Maria Huel, supervising paralegal and DOJ-accredited representative in New York Legal Assistance Group’s (NYLAG) Immigrant Protection Unit, explained the parole program to The Haitian Times and outlined what to consider as it comes to an end.

What is Humanitarian Parole?

“The ‘parole’ is a permit that grants beneficiaries the opportunity to enter and work legally in the country for two years, provided they have a sponsor in the U.S. Recently, the U.S. government, influenced by political pressures, has decided not to allow migrants from Cuba, Nicaragua, Haiti, and Venezuela to renew their ‘parole’ status,” said Huel.

Under Humanitarian Parole, beneficiaries have two years to stay in the U.S., regardless of the duration of their work permit. 

“Many beneficiaries of this program must explore other forms of immigration relief and now urgently need it. Knowing their rights is important for them to be prepared in case they encounter situations with immigration authorities,” Huel said.

Immediate Steps: Know Your Legal Options

If you or someone you know is affected by the expiration of Humanitarian Parole, it is essential to consult with an immigration attorney or accredited representative immediately. Consulting a lawyer or advocacy-centered organization as soon as possible may feel like a daunting task, here is the New York Immigration Coalition’s list of low-cost immigration service providers to consider.

Here are some possible legal avenues to speak with a legal professional about:

1. Temporary Protected Status (TPS):
   TPS is available to many Haitians who have been continuously residing in the U.S. before a certain date. TPS offers protection from deportation and the ability to work but does not lead to permanent residency.

“For migrants from Venezuela and Haiti who entered the country with ‘parole’ before July 2023 and June 2024, respectively, there is an opportunity to apply for TPS,” according to Huel.

2. Asylum:
   Haitian immigrants fearing persecution upon return to Haiti may apply for asylum. This process can be complex and often requires legal assistance to demonstrate eligibility.
3. Adjustment of Status through Family Sponsorship:
   If you have an immediate relative (spouse, parent, or child over 21) who is a U.S. citizen or permanent resident, who is willing to petition for you, you may qualify to apply for a green card.
4. Other Options:
   Some individuals may be eligible for relief through programs like:
   • VAWA (Violence Against Women Act): For victims of abuse by a U.S. citizen or permanent resident.
   • U Visa: For victims of crimes who have helped law enforcement.
   • Student Visa: For those pursuing education in the U.S.
   • Work Visa: For those offered employment by a U.S. employer.
   • SIJ (Special Immigrant Juvenile) Status: For minors under 21 who have been abused, neglected, or abandoned by one or both parents, with a state court determination that they cannot be reunited and it is not in their best interest to return to their home country.

It is crucial to determine eligibility for these programs quickly, as many have deadlines that could affect your ability to apply.

Urgency of Legal Advice

“Individuals in this situation must seek legal advice as soon as possible. They may be eligible for other forms of immigration relief, such as VAWA, U Visa, student visa, or work visa,” Huel said. Only DOJ-accredited representatives and attorneys can assess an individual’s eligibility for these reliefs, and acting quickly is critical.

“At this point, relying on Parole should not be the primary plan for legal status,” Huel warns. 

“Anyone in this situation should consult with an attorney immediately because some of these alternate immigration reliefs have deadlines to apply.”

Consult with an immigration lawyer or an advocacy-centered organization to assess your options. As deadlines approach and legal avenues narrow, prompt action can be your best safeguard against deportation.

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