Marriage-Based Green Cards: A Lifeline for Humanitarian Parolees and TPS Holders Post Status Cancellation
- globaltalentlaw
- Aug 8
- 3 min read
Thousands of immigrants in the U.S. currently face legal uncertainty due to changes in parole and Temporary Protected Status (TPS) programs. If you're a humanitarian parolee under the now-restricted CNHV program or a TPS holder unsure about renewal, a marriage-based green card could offer the best route to lawful permanent residence.
What Changed: CNHV & TPS in a Shifting Immigration Landscape
The Trump Administration's immigration policies have significantly altered the future for those previously protected under the CNHV parole program (Cuban, Nicaraguan, Haitian, and Venezuelan nationals) and various TPS designations. CNHV admissions, once offered on humanitarian or significant public benefit grounds, are now being rolled back. Simultaneously, some TPS renewals are being challenged or phased out depending on country-specific conditions.
Without extensions or access to new parole pathways, many are losing lawful status. This jeopardizes work authorization, access to public services, and most importantly, the ability to remain in the U.S. legally.
Why Marriage-Based Green Cards Are Gaining Importance
Marriage to a U.S. citizen can create a powerful legal basis to apply for Adjustment of Status, ie applying for a green card within the U.S. If approved, this leads to lawful permanent residence (a green card). Here's why this path is uniquely suited for those losing CNHV or TPS protections:
No need to leave the U.S. if you entered lawfully
Work authorization during AOS processing
Relief from removal proceedings once AOS is filed and receipt notice issued
Parolees and TPS Holders: Can You Get Your Green Card Through Marriage Within the U.S.?
In many cases, yes. If you were paroled into the U.S. under CNHV or were granted TPS status with advance parole, and later married a U.S. citizen, you may qualify for adjustment under INA §245(a). This section allows adjustment for those "inspected and admitted or paroled" into the country—a key requirement for marriage-based green cards.
For parolees: Even if your CNHV or humanitarian parole has expired, your initial lawful entry is usually considered valid for adjustment of status purposes, provided there are no other bars.
For TPS holders: Eligibility depends on multiple factors. Some TPS recipients may need advance parole or other legal measures to fulfill the "lawful admission" requirement.
What If Your Status Has Expired?
While being out of status creates legal risk, not all is lost. U.S. immigration law provides exceptions for spouses and parents of U.S. citizens. Even if your parole or TPS has expired, you may still be able to apply for a green card if you:
Entered lawfully (parole counts)
Are currently married to a U.S. citizen
Can show a bona fide relationship
However, overstays or other violations could trigger waivers or bars to adjustment, so legal review is essential.
Key USCIS Rules: Inspection, Admission, and Parole
According to USCIS guidance:
Parole is considered an admission for AOS purposes.
TPS does not count as admission unless the applicant also entered the U.S. lawfully or received advance parole.
These nuances make it crucial to review your entry history, current status, and documentation before filing.
Because humanitarian parole and TPS policies are rapidly changing, do not rely on outdated advice. What worked in 2022 or even early 2024 may no longer apply.
Final Thoughts: Secure Your Future Through Marriage-Based Adjustment
If you're a parolee or TPS holder who has lost—or may soon lose—status due to recent policy shifts, marriage-based green cards may offer a path to stability. This route is not only lawful but often faster and more secure than other humanitarian pathways.
Get a case review from a qualified immigration attorney who can assess your entry, your marriage eligibility, and your filing timeline. In an era of disappearing safety nets, marriage-based AOS could be the most important legal move you make.
📞 Take the first step today — contact Global Talent Immigration Law Group for a free, confidential consultation and start securing your future in the U.S.
Comments