For many Venezuelans, Temporary Protected Status (TPS) or Humanitarian Parole has
provided safety and stability in the United States. However, these protections are temporary,
and they do not automatically lead to permanent residency. As a result, one of the most frequent
questions is: How can I transition from TPS or Parole to obtaining a Green Card?
This article outlines the most common legal pathways available to Venezuelans seeking
permanent residence through family, employment, or investment. Each case is unique, so
this information is general in nature and does not replace personalized legal advice.
1. Understanding Your Starting Point: TPS and Parole Are Not Permanent Statuses
TPS and Parole grant lawful presence and work authorization, but they do not provide
permanent immigration status. To obtain a Green Card, individuals must qualify under an
existing legal category and meet the requirements for adjustment of status, including lawful
entry, eligibility based on family or employment, or qualifying for certain waivers.
Still, those with TPS or Parole often benefit from stability while exploring long-term immigration
options.
2. Family-Based Paths to a Green Card
2.1. Immediate relatives of U.S. Citizens
One of the most direct routes to permanent residence.
Immediate relatives include:
● Spouses of U.S. citizens
● Children under 21 who are U.S. citizens
● Parents of adult U.S. citizens
For many Venezuelans with TPS or Parole, this is the most accessible path. In some cases,
Advance Parole can help individuals obtain a lawful entry, even if they originally entered
without inspection.
2.2. Family-based petitions by permanent residents
Green Card holders may petition for:
● Their spouses
● Their unmarried children
Although wait times may be longer, this remains a valid and reliable option.
3. Employment-Based Pathways: Opportunities for
Professionals and Skilled Workers
U.S. immigration law provides several employment categories that offer permanent residency.
For Venezuelan professionals, these can be strong and viable options.
3.1. EB-2 NIW (National Interest Waiver)
The NIW is especially attractive because it does not require an employer sponsor. Applicants
may qualify if they demonstrate:
● An advanced degree or exceptional professional experience
● A proposed endeavor with national importance
● That the U.S. would benefit from their continued contributions
Many Venezuelan professionals have successfully pursued this option.
3.2. EB-2 and EB-3 with employer sponsorship
These categories involve a permanent job offer and require the employer to complete the PERM
Labor Certification process. While technical and sometimes lengthy, it is a legal route for
qualified workers who have an employer willing to sponsor them.
4. Investment-Based Options
4.1. EB-5 Investor Green Card
This pathway is available to individuals who can make a significant investment in a business
that creates jobs in the U.S.
Requirements typically include:
● Investment of $800,000 to $1,050,000
● Creation of at least 10 jobs
For Venezuelan entrepreneurs, the EB-5 category can offer a clear route to residency.
4.2. Other investment-related options
Although temporary visas like E-2 do not directly lead to a Green Card, they can be part of
long-term immigration strategies. However, Venezuela is not a treaty country for E-2, so this
option is only available to dual citizens of eligible countries.
5. Can TPS or Parole Holders Adjust Status?
In many cases, yes.
● Those inspected or admitted into the U.S. as with most Humanitarian Parole
entries may qualify to adjust status if they meet the requirements of a valid immigration
category.
● For TPS holders, recent legal interpretations may allow TPS to count as a form of
“admission,” especially when combined with Advance Parole.
This determination must be made by an immigration attorney after reviewing the full situation.
6. Conclusion: There Is No Single Path There Is Your Path
Your route to a Green Card depends on:
● Your manner of entry
● Your immigration history
● Family relationships
● Education
● Work experience
● Financial capacity
● Long-term goals
The good news is that there are legal pathways from TPS or Parole to permanent
residency, but the correct strategy depends entirely on your personal circumstances.
Want to Know Which Path Applies to You?
Every case is unique.
At AnaMaria Rivera Law Firm, LLC, we carefully review your immigration history, analyze your
options, and design a personalized strategy to help you work toward your Green Card.