Haiti Immigration: TPS Now, CHNV Ended, and Asylum Options

Haitian nationals in the United States have three working immigration options in 2026: Temporary Protected Status, which remains in effect under a federal court order despite the government’s attempt to end it; asylum, for those who fear persecution if returned; and standard family- or employment-based immigrant petitions. Two Haiti immigration options that many people are still asking about — the CHNV humanitarian parole program and the Haitian Family Reunification Parole Program — have been terminated, though people already paroled into the country under HFRP are temporarily protected by an injunction. Which door is open to you depends on when you arrived, what status you hold now, and litigation that can shift within days.

Temporary Protected Status Right Now

TPS has been the main protection for Haitians in the country, granted under 8 U.S.C. § 1254a when conditions in a designated country make safe return impossible.¹ In late 2025, DHS published a Federal Register notice terminating Haiti’s designation effective February 3, 2026, calling continued protection “contrary to the U.S. national interest.”²

The day before that termination was set to take effect, a federal judge in the U.S. District Court for the District of Columbia stayed the decision in Miot et al. v. Trump et al., No. 25-cv-02471. TPS for Haiti therefore remains in effect, and Employment Authorization Documents previously issued under the designation stay valid.³ A higher court could dissolve the stay with little warning. Treat the protection as temporary and look for a second status you might also qualify for.

Who Qualifies

Under the most recent redesignation, you must have continuously resided in the United States since June 3, 2024, and been continuously physically present since August 4, 2024.⁴ Brief, casual, and innocent departures generally don’t break physical presence. Extended trips abroad can.

A conviction for any felony or two or more misdemeanors committed in the United States disqualifies you.¹ Even a minor record is worth reviewing with an immigration attorney before you file.

Fees and Fee Waivers

Form I-821 for TPS costs $510 as of January 1, 2026. The initial Form I-765 for an EAD is $560, and renewals are $280.⁵ USCIS will reject any application postmarked on or after January 1, 2026, that uses the old fees.⁶

If you can’t afford the fees, Form I-912 requests a waiver. You generally qualify by showing you receive a means-tested benefit like Medicaid or SNAP, that your household income is under 150 percent of the Federal Poverty Guidelines, or that you face financial hardship. For a means-tested benefit, include the benefit name, the granting agency, and proof you currently receive it.⁷

Traveling Abroad on TPS Is Risky

Leaving the country without advance permission is one of the fastest ways to lose TPS. Before any trip, file Form I-131 and wait for either Form I-512T (if TPS is already granted) or Form I-512L advance parole (if your initial TPS application is still pending).⁸

Even with the right document, USCIS may send a request for evidence or a decision while you’re gone, and you can miss the deadline. DHS keeps full discretion over whether to readmit you into TPS, and you can be found inadmissible at the border on criminal or security grounds. If you were previously paroled separately from TPS, coming back on a TPS travel document ends that parole eligibility.⁸ Get legal advice before you buy a ticket.

CHNV Parole Has Ended

The Processes for Cubans, Haitians, Nicaraguans, and Venezuelans let nationals of those countries enter for up to two years with a financial supporter. A January 20, 2025 executive order directed DHS to terminate all categorical parole programs, and DHS published a Federal Register notice on March 25, 2025 ending CHNV, with individual paroles ending April 24, 2025. A Massachusetts district court initially blocked the termination, but on May 30, 2025 the Supreme Court in Noem v. Svitlana Doe, No. 24A1079, granted a stay that let the termination proceed.⁹

People whose CHNV parole was terminated may still be lawfully present if they hold a separate status or have a pending application.¹⁰ If yours ended and you have nothing else, talking to an immigration lawyer immediately matters more than almost anything else on this page. Staying without authorization carries serious consequences.

Haitian Family Reunification Parole: Closed to New Applicants

The Haitian Family Reunification Parole Program, created in 2014, let U.S. citizens and lawful permanent residents bring family members from Haiti while they waited for an immigrant visa number. It was invitation-only: USCIS identified petitioners with an approved Form I-130 and sent an invitation to file Form I-134A.¹¹

DHS terminated all Family Reunification Parole programs effective December 15, 2025, with individual paroles set to end January 14, 2026.¹² On January 24, 2026, a federal judge in Massachusetts issued a preliminary injunction in Svitlana Doe v. Noem, No. 25-cv-10495, staying the termination for people already paroled in. Parole termination notices sent to those individuals are not in effect while the injunction holds.¹³

What that means in practice: if you’re already in the country under HFRP, your parole is protected by court order for now. New applications aren’t being accepted, and no new invitations are going out. Family members still in Haiti waiting on a priority date have to go through standard immigrant visa processing.

Asylum

With parole programs closed or contested, asylum is a more important option than it used to be. You have to show persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

The one-year filing deadline matters here. You generally must file within one year of arriving in the United States, but holding TPS pauses that clock. Maintaining TPS until a reasonable period before filing counts as an “extraordinary circumstance” that excuses the deadline.³ If Haiti’s TPS is ultimately terminated and you lose that status, file asylum quickly. Waiting too long can cost you this exception.

Asylum claims are heavily fact-dependent and require documentation of the specific threats you face. Given the immigration court backlog and the difficulty of proving a persecution claim, working with an experienced attorney or an accredited representative is close to essential.

Getting to a Green Card

None of these humanitarian pathways lead directly to a green card. TPS is temporary by definition, and parole gives you physical presence, not status. Lawful permanent residence requires a separate route: a family-based petition, an employer-sponsored petition, or a grant of asylum.

If you were paroled into the country and have an approved Form I-130 from a qualifying family member, you may be able to adjust status without leaving, depending on whether your parole is still technically valid. With CHNV and HFRP terminations affecting many Haitians, the interplay between an expired parole and adjustment eligibility is complicated. USCIS’s SAVE system only shows point-in-time status, so agencies checking your records may not see a pending application.¹⁰ Have an attorney review your specific situation before filing.

Documents to Gather Now

Whichever pathway you pursue, start collecting these early. Document delays are where cases stall.

A valid Haitian passport. If yours is expired, contact the nearest Haitian consulate now; renewal timelines are unpredictable.
Birth and marriage certificates, translated into English by a certified translator if they’re in French or Haitian Creole. Certified translations usually run $25 to $39 per page.
Proof of continuous U.S. residence: utility bills, leases, school records, employment records, medical records covering the required period.
Immigration paper trail: prior applications, visa stamps, I-94 records, and any notices from USCIS or the immigration court.

Filing and Staying Reachable

Most forms are filed through a USCIS online account at uscis.gov, which lets you upload documents, pay fees, and get notices electronically.¹⁴ For TPS, that means Form I-821 and Form I-765 filed together, with your identity, residence, and physical presence evidence uploaded in the same submission.¹⁵ Make sure the name on your forms matches your passport exactly. Spelling mismatches are one of the most common causes of delay.

If you get a biometrics appointment notice, treat the date as fixed. Missing it without rescheduling can lead to denial. Be truthful about immigration history, past law enforcement contact, and household size; inaccurate answers, even honest mistakes, can trigger denials and haunt future filings.

If you move at any point while your application is pending or while you hold TPS, report the new address to USCIS within 10 days. The online account updates their systems fastest; a paper Form AR-11 by mail also works but is slower.¹⁶ USCIS mails evidence requests, interview notices, and decisions. A notice sent to an old address and a missed response deadline is one of the most common ways people lose status they were otherwise going to keep.

1
Office of the Law Revision Counsel. 8 USC 1254a – Temporary Protected Status
2
Federal Register. Termination of the Designation of Haiti for Temporary Protected Status
3
U.S. Citizenship and Immigration Services. Temporary Protected Status Designated Country: Haiti
4
Federal Register. Extension and Redesignation of Haiti for Temporary Protected Status
5
U.S. Citizenship and Immigration Services. USCIS Announces FY 2026 Inflation Increase for Certain Immigration-Related Fees
6
U.S. Citizenship and Immigration Services. I-821, Application for Temporary Protected Status
7
U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver
8
U.S. Citizenship and Immigration Services. I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
9
Supreme Court of the United States. Noem v. Svitlana Doe – Order
10
U.S. Citizenship and Immigration Services. FAQs on the Effect of Changes to Parole and Temporary Protected Status (TPS) for SAVE Agencies
11
U.S. Citizenship and Immigration Services. Family Reunification Parole Processes
12
Federal Register. Termination of Family Reunification Parole Processes for Colombians, Cubans, Ecuadorians, Guatemalans, Haitians, Hondurans, and Salvadorans
13
U.S. Citizenship and Immigration Services. The Haitian Family Reunification Parole (HFRP) Program
14
U.S. Citizenship and Immigration Services. How to Create a USCIS Online Account
15
U.S. Citizenship and Immigration Services. Tips for Filing Forms Online
16
U.S. Citizenship and Immigration Services. AR-11, Alien’s Change of Address Card