Humanitarian Parole vs. Temporary Protected Status (TPS): What Is the Difference, and Can You Have Both?

A common question that comes up for many Ukrainians in the United States is, “What is the difference between Humanitarian Parole and Temporary Protected Status (TPS)?” Many people also want to know, “Can I hold both humanitarian parole and TPS at the same time?”

Most Ukrainians who arrived in the United States since February 2022 entered on humanitarian parole, either through the Uniting for Ukraine (U4U) program or by being allowed to enter at the southern U.S. border. Humanitarian parole is a type of immigration protection that allows citizens of other countries to come into the U.S. for urgent humanitarian reasons. Many Ukrainians have also been granted Temporary Protected Status (TPS), which is another type of immigration protection that allows citizens of other countries who are already in the U.S. to stay here for a period of time because it is not safe for them to return to their home countries.

It is important to emphasize the following points:

• TPS is essentially an additional layer of immigration protection that can be held on top of other immigration statuses or protections.
  • While a person holds another immigration status or protection (ex. humanitarian parole, B1/B2 visitor visa, student visa, etc.), TPS does not interfere with the other status or protection. That immigration status or protection remains valid for the period it is granted, even while the individual also holds TPS.
  • If that person’s other immigration status or protection expires, TPS acts as a “safety net” to allow the person to remain in the United States for as long as the TPS term remains in effect (as long as they comply with the requirements of TPS). TPS will also provide them with an eligible status for employment authorization, drivers’ licenses, social security numbers, and potentially other benefits offered by states or cities.
• Individuals can hold both TPS and humanitarian parole at the same time.
  • Applying for TPS does not cancel a person’s humanitarian parole (or another immigration status, such as an exchange student).
  • When individuals are granted TPS, it does not end their humanitarian parole as long as the person maintains valid parole for the time period granted.
  • Before and after an individual’s TPS application is approved, the individual may continue to remain in their parole/nonimmigrant status as long as they remain eligible for that status.
• Individuals can hold or apply for TPS before or after they apply for re-parole.
  • Ukrainians who entered on humanitarian parole may apply for TPS if they are eligible and wish to have this additional protection, but they are not required to do so.
  • Ukrainians who are granted a new period of parole (re-parole) may also apply for TPS after they are granted re-parole, but they are not required to do so.
  • Likewise, Ukrainians who originally entered on humanitarian parole and were later granted TPS may now apply for re-parole if they are eligible.

After understanding the basic principles of humanitarian parole and TPS, people often ask, “Which form of immigration protection is better for me and my family?”

There is no definitive way to answer this question, as the best course of action depends on each person’s unique circumstances and goals. While we cannot determine or recommend how to proceed with respect to humanitarian parole and/or TPS, we can provide an overview of each protection, its advantages, and its disadvantages.

Below is a summary describing these immigration protections, application requirements, wait times, and benefits of TPS and humanitarian parole/re-parole. For a full discussion of TPS, including eligibility dates, criteria, application procedures, fees, and protections, read our article here on TPS for Ukrainians. For a full discussion of humanitarian parole, re-parole eligibility, application procedures, fees, and benefits, read our article here on Re-Parole for Ukrainians.

Humanitarian Parole/Re-Parole

Humanitarian parole is a temporary entry granted due to a compelling emergency or urgent humanitarian reasons to individuals who would otherwise be ineligible for admission to the United States. Re-parole is simply the grant of a new period of humanitarian parole and nothing more.

• Humanitarian parole does not confer an immigrant status or a non-immigrant status on its own. 
• Humanitarian parole does not provide a pathway to citizenship or lawful permanent residence (a green card) on its own. Individuals who are in the U.S. on humanitarian parole will either need to reapply for another term of parole before their current term expires, select a different legal status for which to apply, or leave the U.S.
  • The pathways to citizenship for humanitarian parolees are limited to a handful of options that consist primarily of family-based immigration with qualifying U.S. relatives, winning the diversity visa lottery, and being granted asylum. Other pathways may be available through consular processing, which would require leaving the United States.
• Additionally, the concept of widespread humanitarian parole granted through sponsored parole programs is relatively new to the U.S. immigration system. At this time, it is uncertain how humanitarian parole will be assessed by federal and state courts and governments, how long parole programs will continue to be offered, or whether re-parole will be offered in the future.
  • Thus, individuals who remain in the United States on nothing more than humanitarian parole risk uncertainty with regard to future protections and rights.

Re-parole is an option for families in which not all individuals qualify for TPS.

• TPS has different eligibility requirements than re-parole. Certain individuals from Ukraine who entered on humanitarian parole may not be eligible for TPS, even if some of their family members are eligible.
  • This could be due to their dates of entry, citizenship, or other reasons listed on the TPS application.
  • If approved, re-parole could be the only protection available to such individuals in the short term. This may be the only way for those individuals to continue to access employment authorization, certain benefits, social security numbers, driver’s licenses, and other services. 

Individuals approved for re-parole may remain in the U.S. for up to 2 years from the date of their initial (or CBP-extended) parole date.

Individuals can only apply to renew their employment authorization after their re-parole is approved. It is not granted automatically with re-parole.

• The I-131 application for re-parole must be approved before one can apply for an Employment Authorization Document (EAD) renewal based on re-parole.
• If parolees file an I-765 before their re-parole application is approved, USCIS will likely need to deny their application because an EAD requires a valid underlying basis for renewal, which they won’t yet have. Hence, USCIS instructs parolees to hold off on filing an I-765 until their re-parole application has been approved. 
  • Accordingly, individuals whose EADs expire soon may not be able to receive a new EAD in time on the basis of re-parole unless their parole also expires soon and their re-parole applications are approved. Conversely, individuals whose parole does not expire for a while may not be approved for re-parole as quickly, so they may not be able to apply for a new EAD for some time.
• If a parolee works without valid employment authorization, it is considered unlawful employment and violates their parole status. Additionally, unauthorized employment may put individuals at risk for denial of future immigration statuses or benefits.

The re-parole filing fee is high and must be paid for each person in the family who is applying for re-parole.

• The filing fee for Form I-131, the application for re-parole is $580 per person if applying online and $630 per person if applying by mail.
• Additionally, individuals who are applying to renew their employment authorization on the basis of re-parole must pay for a new EAD. The filing fee for Form I-765 to renew an EAD is $470 per person if applying online and $520 per person if applying by mail.
• Both forms are eligible for a fee waiver, but this will require filing by mail and may result in longer processing times. Thus, individuals who need to file by mail and have EADs that expire soon may risk having expired employment authorization if their processing takes longer or if their fee waivers are not approved. 

Re-Parole allows parolees with existing benefits to remain eligible for those benefits.

• Eligible individuals from Ukraine who were paroled between Feb. 24, 2022, and Sept. 30, 2024 (and their qualifying relatives paroled after Sept. 30, 2024) will remain eligible for ORR refugee benefits and services during their new parole period if their re-parole applications are approved.
• Being granted TPS does not remove eligibility for parolee benefits as long as their parole/re-parole period remains valid (and as long as they don’t travel abroad then return to the United States on TPS, as described below). 
  • However, after their parole/re-parole period expires, their parolee benefits will expire.

Parolees can apply for an advance travel document to leave and return to the United States on humanitarian parole.

• The cost of applying for a Form I-512L advance parole travel document is $630. This could be very expensive for some individuals.
• Note that even if an individual has previously filed Form I-131 for re-parole (or plans to file one), they must still file a new I-131 for an advance travel document to travel abroad. USCIS indicates that Form I-131 applications for advance travel documents are routed to a different processing center than Form I-131 applications for re-parole.
• Processing times for a Form I-512L advance parole travel document could take 8-10+ months, compared to processing times for a TPS travel document with Form I-512T which could take less than 6 months.
• According to USCIS, those returning from travel on advance parole with Form I-512L should continue to be eligible for parolee benefits.

For a full discussion of humanitarian parole, re-parole eligibility, application procedures, fees, and benefits, read our article here on Re-Parole for Ukrainians.

Temporary Protected Status (TPS)

Temporary Protected Status (TPS) is a temporary immigration protection that is provided to nationals of certain countries who cannot return to their home countries due to an ongoing armed conflict, environmental disaster, or other dangerous conditions defined by the U.S. State Department. TPS allows individuals who are approved to remain in the United States during the TPS period authorized.

• Similarly to humanitarian parole, TPS does not grant individuals an immigrant status or a non-immigrant status on its own. 
  • If TPS is extended or redesignated for Ukraine, individuals may apply or re-apply for the new TPS period.
  • After the designated/redesignated TPS period ends, individuals who hold TPS must either return home or remain in the U.S. on a different authorized status.
• TPS does not provide a pathway to citizenship or lawful permanent residence (a green card) on its own.
  • As with humanitarian parole, individuals with TPS will either need to re-register for another term of TPS before their current term expires, select a different legal status for which to apply, or leave the U.S.

TPS may offer more stability for Ukrainians seeking longer humanitarian protection in the U.S.

• The decision to designate, extend, and re-designate a country for TPS is made by the Secretary of Homeland Security, in consultation with a handful of other federal directors.
  • This is in contrast to other immigration protections and legislation that may be subject to congressional approval and/or questioned in courts of law. For this and other reasons, some immigration practitioners consider TPS to be a more established and less controversial immigration protection in the U.S. than humanitarian parole programs.
  • Depending on the policies of the President’s administration and who is in charge of the Department of Homeland Security, this could mean a more favorable outlook for TPS or a less favorable one.
• Historically, TPS is extended and/or redesignated for as long as conditions in the designated countries continue to support the rationale for TPS.
  • This means Ukrainians who do not qualify for the current TPS term may be able to apply for a future term if TPS is redesignated.
  • However, if TPS is extended but not redesignated, only individuals who already hold TPS can apply to re-register for TPS. Ukrainians who are concerned about not being able to return to Ukraine may wish to apply for TPS while the current registration period is open. If they miss the current TPS registration date, they may not be able to take advantage of it if TPS is not offered again.
• Thus, TPS may be a more stable option that could allow Ukrainians who entered on parole to remain in the U.S. longer in the event that humanitarian parole is not extended (or if their re-parole applications are denied).

Individuals may only apply for TPS if they meet the eligibility criteria.

• TPS is only available to Ukrainian nationals or to individuals with no nationality who last habitually resided in Ukraine.
  • This is in contrast to re-parole, which allows non-Ukrainian nationals to apply as immediate family members of eligible Ukrainian citizens. 
• To be eligible for TPS, individuals must have been continuously residing in the U.S. on or before August 16, 2023 and have been physically present in the U.S. continuously since October 20, 2023.
  • Ukrainians who arrived in the U.S. after August 16, 2023 are not eligible to apply for TPS during the current registration period.
• There are further restrictions on who may apply for TPS based on previous travel history, residence, other citizenships, immigration history, criminal activity, security flags, and other factors. Thus, TPS may not be an option for non-Ukrainian family members or individuals who do not meet all the eligibility criteria.

TPS has different eligibility dates and requirements than parole/re-parole, which could be good for some people but bad for others.

• Certain individuals from Ukraine who entered on humanitarian parole may not be eligible for TPS, even if some of their family members are eligible.
  • This could be due to their dates of entry, citizenship, or other reasons listed on the TPS application.
  • On the other hand, certain family members who entered on a temporary visa, such as a B1/B2 visitor visa or a student visa, may be ineligible for humanitarian parole but could be eligible for TPS.
• For those individuals, TPS could be the only way to obtain employment authorization, certain benefits, social security numbers, driver’s licenses, and other services. 
  • TPS could also allow families who entered at different times with different statuses to remain in the United States together.
• Note that not everyone who applies for TPS will be approved. Each TPS application is considered separately.

The current TPS period runs through April 19, 2025.

• Individuals who are approved for either initial TPS or a TPS re-registration (re-registration was due by October 20, 2023) will be granted TPS through the end of the current term. This would allow them to remain in the U.S. through April 19, 2025.
• For Ukrainians who were paroled but do not plan on applying for re-parole, this could be longer than their current parole period allows them to stay.
• On the other hand, individuals who apply and are approved for re-parole may be able to stay for up to 2 years from the date of their initial (or CBP-extended) parole date, which could be later than the expiration of the current TPS term on April 19, 2025. 
• Employment authorizations based on TPS will also expire when TPS expires. To continue employment authorization after TPS expires, individuals will either need to re-register for TPS (if TPS is extended) or apply for/use an EAD based on another valid status, such as parole.

The filing fee for TPS is significantly lower than the filing fee for re-parole.

• The filing fee for Form I-821, the application for Temporary Protected Status, is $50 per person for an initial application and $0 for re-registration (plus biometric fees, if applicable).
  • In contrast, the filing fee for the re-parole application is $580 per person if applying online and $630 per person if applying by mail.
• Additionally, individuals who are applying to renew their employment authorization on the basis of TPS must pay for a new EAD. The filing fee for Form I-765 to renew an EAD is $470 per person if applying online and $520 per person if applying by mail.
• Both forms are eligible for a fee waiver, but this will require filing by mail and may result in longer processing times. Thus, individuals who need to file by mail and have EADs that expire soon may risk having expired employment authorization if their processing takes longer or if their fee waivers are not approved. 

Individuals can apply to renew their employment authorization at the same time that they apply for TPS.

• Form I-821, the TPS application, does not need to be approved before filing Form I-765 for a new EAD based on TPS. It is possible to apply for TPS and employment authorization/renewal simultaneously.
  • This is in contrast to re-parole, which must first be approved before filing for an EAD renewal based on re-parole.
• EAD processing has been relatively efficient with both TPS and parole, though TPS-based EADs may be slightly more expedient.

TPS allows parolees with existing benefits to remain eligible for those benefits.

• Parolees with TPS will not lose their parolee benefits while they remain in the United States.
  • As long as their parole period remains valid, Ukrainians who were paroled between Feb. 24, 2022, and Sept. 30, 2024 (and their qualifying relatives paroled after Sept. 30, 2024) will remain eligible for ORR refugee benefits and services after they are granted TPS.
• Keep in mind that parolee benefits expire when the parole period expires. Thus, Ukrainians who have only TPS after their parole/re-parole period expires are no longer eligible for parolee benefits.
• Please note: Parolees will NOT be eligible for ORR benefits if they return from travel abroad on TPS! This is because traveling abroad without advance parole is considered a break in their parole.
  • Parolees who are granted TPS and who travel with Form 512-T, Authorization for Travel by a Noncitizen to the United States, will NOT return on parole, so they will NOT be eligible for ORR benefits. They will terminate parole upon departing the U.S. without an advance parole document, but they will be admitted on TPS upon return.
  • Parolees who travel and return with Form I-512L, Advance Parole Document, will be paroled back into the United States. They should be eligible to continue their ORR benefits.
• On the other hand, TPS may provide eligibility for certain other benefits that may not be available to some or all parolees. Some states and/or cities may offer health insurance, medical benefits, or other services to TPS holders based on residency, income, household demographics, or other factors.

As with humanitarian parole, Ukrainians with TPS can apply for a TPS travel document to leave and return to the United States on TPS.

• The cost of applying for a TPS-based travel document (Form I-512T) is $630 per applicant. This is the same application fee as for an advance parole travel document (Form I-512L).
• Whether an individual applies for a TPS-based travel document (Form I-512T) or an advance parole travel document (Form I-512L), the application procedure on Form I-131 is essentially the same. However, only individuals who currently hold TPS or already filed a TPS application that is approved will be granted a TPS-based travel document.
• Even if an individual has previously filed Form I-131 to apply for re-parole or an advance parole travel document (or plans to file one), they must still file a new Form I-131 to obtain a TPS-based travel document if they wish to travel and return on TPS.
• Processing times for a TPS-based travel document (Form I-512T) could take less than 6 months. Compared to the estimated processing times for an advance parole travel document (Form I-512L), which could take 8-10+ months, a TPS-based travel document could be approved more quickly.
• There is a possibility that parolees who travel abroad with TPS then are admitted into the U.S. with a TPS-based travel document (Form I-512T) could potentially be eligible for employment-based pathways to permanent residence. Currently, U.S. laws do not allow humanitarian parolees to apply for employment-based immigration visas if they remain in the United States.
  • Although this possibility remains theoretical for the time being, parolees who seek permanent residence through employment-based visas may become eligible for such pathways in the future if they are able to travel then return to the U.S. with TPS status.

For a full discussion of TPS, including eligibility dates, criteria, application procedures, fees, and protections, read our article here on TPS for Ukrainians.

Photo Image by A.Krepkih for UNICEF Ukraine