What Happens When Parole Ends?
March 27, 2023
There will not be any automatic deportations back to Afghanistan when parole expires. You
can apply for any form of permanent relief in the United States that you are eligible for.
When parole expires, if you have not received another form of immigration status, you will be
considered undocumented and may begin to accrue unlawful presence. Being undocumented
means that you do not have current status in the U.S.
Even when undocumented you cannot be automatically deported. To be deported, you have to
be placed in immigration removal proceedings. In proceedings, you have an opportunity to
apply for permission to stay in the United States before an Immigration Judge.
It depends! If your current EAD is a category (c)(11), through your parole, you will lose this
work authorization when your parole expires. There are other work authorization categories
that are available depending on your particular circumstances. Some examples of common
work authorization categories are included below, but speak to an attorney to discuss your
case and options specifically.
If you have filed an asylum application, you are eligible to apply for a (c)(8) EAD card based on
this pending application. The application can be filed after your application has been pending
for 150 days, but cannot be granted until your application has been pending for 180 days.
If you entered the United States prior to March 15, 2022, you may be eligible to apply for
Temporary Protected Status and can apply for work authorization through this form of status.
If you have filed an I-485 Adjustment of Status application based on SIV you are eligible to
apply for work authorization based on your pending adjustment application. Speak to an
attorney about filing for work authorization based on a pending adjustment of status
application.
No. At this time, all ORR benefits will automatically expire when parole ends. If you are
granted asylum status or SIV status you will remain eligible to receive ORR benefits. But, you
are not eligible for benefits while an asylum or SIV application is pending and if your
applications have not been decided (or you have not filed) your benefits will end when your
parole expires.
Some states may continue to offer benefits even when parole has ended. However, these
benefits vary state to state and are provided from state and local governments. CWS case
managers are not able to help manage the receipt of state and local benefits because they are
not provided by ORR.
Will I be deported back to Afghanistan when my parole expires?
Can I keep working when my parole expires?
Will I continue to receive my ORR benefits when my parole expires?
What Happens When Parole Ends?
March 27, 2023
If you have been granted TPS status, you cannot be deported while you are in TPS status, even
if your parole ends. If you applied for work authorization through TPS you should receive an
EAD card and can continue working while your EAD is valid. If you have not received a new
EAD when your parole ends you will lose work authorization until a new EAD card is granted.
You have until November 20, 2023, to file an initial application for TPS. You must file your TPS
application prior to this date. If you want your TPS application to be processed prior to your
parole ending you should file as soon as possible!
We do not know if TPS will be extended or redesignated yet. We will likely not find out until
much closer to the current registration deadline. If TPS is extended, you will need to file a
renewal application during the new registration period. If you have received other permanent
status prior to this, you do not need to apply for a TPS renewal.
If your asylum application has been granted, you have permanent status in the United States
and can continue to receive benefits through ORR, even when parole ends. If your asylum
application is still pending and you have not received a final decision, you will lose ORR
benefits when parole ends. Once your asylum application is granted you will be eligible for
benefits again as an asylee.
You will not accrue unlawful presence in the United States and can remain in the country
legally while you have a pending asylum application.
When your asylum application has been pending for 150 days you are eligible to apply for
work authorization through your pending asylum application. Speak to an attorney to see if
you are eligible to ensure you still have work authorization when your parole ends.
You are allowed to stay legally in the United States and will not accrue unlawful presence
while you have a pending green card application pending. You are eligible to apply for work
authorization through a pending green card application. Speak to an attorney to see if this is an
option for you to ensure you still have work authorization when your parole ends.
If you’re green card application is still pending when your parole ends, you will lose access to
your ORR benefits. Once your SIV based green card application is granted, you will be eligible
for ORR benefits again as an SIV lawful permanent resident.
If you are seeking SIV status, but are still in the COM approval stage you may be at risk of
accruing unlawful presence when your parole ends. Speak to an attorney to see if you are
eligible to apply for Temporary Protected Status or another form of relief to maintain a valid
status and work authorization when your parole ends while you wait for your COM approval.
I have applied for TPS, what happens when my parole ends?
I have applied for asylum, what happens when my parole ends?
I have applied for SIV status and have a pending green card (I-485) application, what
happens when my parole expires?
