LEGAL RESOURCES ON U.S. IMMIGRATION TOPICS FOR UKRAINIANS FLEEING THE WAR.

On September 20, 2023, USCIS announced a new procedure for minor children with U.S.-based parents or legal guardians to travel under Uniting for Ukraine (U4U). Learn more about eligibility, application procedures, and documents needed to prove legal guardianship.

Today, DHS announced a redesignation of Ukraine for Temporary Protected Status (TPS), as well as an extension of TPS for Ukraine for 18 months from October 20, 2023 through April 19, 2025. Ukrainians who arrived in the U.S. on or before August 16, 2023, may be eligible to apply for the new TPS period. Ukrainians who already hold TPS may register to extend their status.

In July 2023, USCIS added a new question to Form I-134A, the online Declaration of Financial Support used to apply for sponsorship through the Uniting for Ukraine program (as well as other parole programs). The new question asks the supporter (sponsor) to write why the beneficiary should be granted humanitarian parole.

Ukrainians who are in the United States on humanitarian parole and/or TPS and wish to travel outside of the U.S. must first apply to USCIS for a travel document. Although the process is the same for most Ukrainians applying for an advance travel document, the type of travel document issued and how long it’s valid depends on the applicant’s status. There could be some advantages to traveling with certain types of documents.

USCIS recently changed the procedures for certain beneficiaries applying for Uniting for Ukraine travel authorization. Minor children under 18 years old and non-Ukrainian citizen family members are no longer able to submit their own biographical information or attestations from their own beneficiary accounts. the primary beneficiary must first add the other approved beneficiaries to the primary beneficiary’s travel group then submit all the beneficiaries’ information and attestations.

The Ukrainian Adjustment Act was introduced on June 7, 2023 in the U.S. House of Representatives. Currently, it is awaiting further movement from the House Committee on the Judiciary.

In general, “affirmative asylum” applications must be filed within one year of the applicant’s most recent arrival in the United States. There are a few exceptions to the 1-year deadline, including maintaining humanitarian parole, Temporary Protected Status (TPS), or another valid immigration status for a reasonable period before filing the asylum application.