Paroled Into the U.S.? Understanding Your Rights and Risks During Adjustment of Status

If you entered the United States on parole - whether through a humanitarian parole program, the CHNV (Cuba, Haiti, Nicaragua, Venezuela) parole pathway, or another authorized parole process - and are now pursuing a green card through marriage to a U.S. citizen, it is essential to understand both your rights and your potential risks. Many people have questions about what happens if parole expires before adjustment of status is complete. This post explains parole, adjustment eligibility, what happens when parole ends, and how removal risk can arise.

What Is Parole?

Parole is temporary permission to enter and stay in the United States for urgent humanitarian reasons or significant public benefit. A person granted parole is allowed to be physically present in the U.S. even though they are not formally admitted under U.S. immigration law. Parolees may receive employment authorization and have legal presence for the duration of the parole period. (Congress.gov)

Common parole programs include humanitarian parole, CHNV parole, advance parole for certain applicants (such as those with pending adjustment applications who need to travel), and special programs for nationals of specific countries.

Parole does not constitute admission in the legal sense. Instead, the grant of parole treats an individual as having been "inspected and paroled" for purposes of some immigration benefits, like adjustment of status. (USCIS)

Adjustment of Status for Parolees

Under the Immigration and Nationality Act (INA) § 245(a), certain individuals who were "admitted and inspected or admitted or paroled into the United States" may apply to adjust to lawful permanent resident status. INA § 245(a) says that after inspection and admission or parole, an individual may seek adjustment if they are eligible under the statute. (Immigrant Legal Resource Center)

USCIS policy confirms that if you were granted parole before filing an adjustment application (Form I-485), you satisfy the "inspected and paroled" requirement for adjustment eligibility. (USCIS)

Important note: a parolee does not have lawful status like a visa holder, but they do have "authorized stay" while parole is valid. Filing Form I-485 generally means USCIS considers you in authorized stay while your application is pending, as long as parole was valid at filing. (USCIS)

What Happens If Parole Expires Before Adjustment Is Completed?

Parole has a set end date. 8 CFR § 212.5(e) states that parole automatically ends when that authorized period expires, without USCIS issuing written notice. Once parole ends, a person is no longer in authorized stay under parole. (Legal Information Institute)

1. Unlawful Presence or Immigration Status Issues

If parole expires and there is no other lawful immigration status or pending benefit maintaining authorized stay, a person may begin accruing unlawful presence. INA § 245(c) bars adjustment of status for applicants who were in unlawful status at the time of filing, except for certain exemptions. USCIS policy states that if a person's authorized status ends, they could be considered out of lawful status for purposes of bars to adjustment. (USCIS)

Even though the spouse of a U.S. citizen is exempt from many unlawful presence bars, including the three-year and ten-year reentry bars, the expiration of parole can still trigger immigration enforcement risks unless another status or pending benefit keeps the person authorized. (USCIS)

2. Termination and Removal Proceedings

When parole expires, DHS could decide to place that individual into removal (deportation) proceedings. One mechanism is expedited removal under INA § 235(b)(1). Under 8 CFR § 235.3, immigration officers may order removal of an alien who cannot establish that they were lawfully admitted or paroled. If parole has ended and evidence of parole is not persuasive, this could lead to expedited removal proceedings. (Legal Information Institute)

3. Notice to Appear and Detained Proceedings

Instead of expedited removal, authorities could issue a Notice to Appear (NTA) and place the person in traditional removal proceedings before an immigration judge. Depending on circumstances, a judge could detain the individual or set bond.

Under 8 CFR 1003.19(h), certain "arriving aliens" may be ineligible for bond. An arriving alien generally includes someone who has not been admitted and inspected, or was paroled but is being reclassified as an arriving alien for bond purposes. This can mean potentially being held in detention while proceedings run.

Jurisdiction Over Adjustment

If USCIS has jurisdiction over an adjustment application that is pending when immigration proceedings start, an immigration judge might be limited in what they can adjudicate. For example, a judge may not have authority to approve adjustment if USCIS retains exclusive jurisdiction. In some cases involving advance parole, returning on that document after denial can trigger "arriving alien" status and shift jurisdiction to immigration court under certain circumstances. (USCIS)

Legal and Policy Developments Impacting Parolees

Recent policy changes have created additional uncertainty. In May 2025, the U.S. Supreme Court allowed the Trump administration to revoke parole status for hundreds of thousands of CHNV parolees, potentially allowing expedited removal to proceed against them while litigation continues. (Reuters)

Separately, a federal judge in August 2025 blocked some of the rapid deportation efforts targeting parolees, emphasizing that broad use of expedited removal against parolees may exceed DHS authority. (The Washington Post)

This evolving legal environment makes it especially important to stay informed and seek legal support early if parole expiration is approaching.

Protecting Yourself

Here are steps those paroled into the United States can take while pursuing adjustment of status:

• File your Form I-485 while parole is still valid. This usually ensures you remain in authorized stay during processing. (USCIS)
• Keep careful records of all immigration documents, including all Forms I-94, parole documents, and notices from USCIS.
• Respond promptly to USCIS requests for evidence or interview notices.
• Update your address with USCIS using Form AR-11 to avoid missing important correspondence.
• Consult an experienced immigration attorney early, especially if parole expiration is imminent or you receive federal immigration notices.

Conclusion

Being paroled into the United States provides important legal permission to enter and remain temporarily, and it can open the door to adjusting status through marriage to a U.S. citizen. However, the expiration of parole before USCIS completes adjustment of status can introduce serious risks of removal proceedings and status issues. Understanding how parole, adjustment eligibility, expedited removal, and removal hearings work under statutes like INA § 245(a) and regulations such as 8 CFR §§ 212.5 and 235.3, along with related policy guidance, will help you make informed decisions.

Navigating this complex intersection of parole and adjustment of status is not straightforward. At New Horizons Legal, we help clients understand their options, prepare strong filings, and protect their rights. Contact us to discuss your situation and the best steps forward.

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This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

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