Legal Updates

Ukraine’s TPS designation that was set to expire on October 19, 2026 has been automatically extended for another 6 months to April 19, 2027. By operation of law, if the Secretary of DHS does not make a final decision on whether to extend, redesignate, or terminate a country's TPS designation at least 60 days before it expires, the designation is automatically extended. This extension does not create a new designation expanding TPS eligibility, so only Ukrainians who arrived in the U.S. on or before August 16, 2023 and have been continuously residing here since are eligible. As of now, no further action is needed by current TPS beneficiaries to extend their TPS protection. DHS must still review and make a final decision on whether to extend or terminate Ukraine's TPS after it expires. It remains to be seen how USCIS will handle automatic work permit extensions for qualifying beneficiaries, which are set to expire October 19, 2026. Read more

Many Ukrainians have applied for re-parole but have yet to receive approvals. After waiting several months and even a year or more, some risk losing their only lawful status that allows them to remain in the United States. Others already live in limbo with expired parole. For those whose sole source of employment eligibility is through humanitarian parole, they could lose their jobs and the ability to support themselves. What are their legal options, and how can those at risk ensure they remain compliant with the law? USCIS provides some alternative methods to proving employment authorization. Those who have received a final grant of re-parole but are still awaiting new EAD cards may show a valid unexpired I-94 with a "UHP" class of admission for up to 90 days. Other parolees may have employment eligibility through TPS or pending applications for asylum or adjustment of status. Read more

A new rule that went into effect March 16, 2026 severely restricts which categories of noncitizens are eligible to hold Commercial Driver's Licenses (CDLs) that are required to drive trucks and other commercial vehicles. States may ONLY issue or renew Non-Domiciled CDLs/CLPs to drivers who have an H-2A, H-2B, or E-2 visa. Simply having an Employment Authorization Document (EAD) is no longer sufficient. This means Uniting for Ukraine (U4U) humanitarian parolees and TPS grantees are no longer eligible to apply for or renew CDLs/CLPs, even if they previously held or currently hold a valid one. Ukrainians driving commercial vehicles who do not have an H-2A, H-2B, or E-2 work visa and a valid CDL are also at greater risk of being stopped, inspected, or detained by police or state transportation authorities. Read more

Hundreds of Ukrainians have been held in immigration detention, with the numbers increasing dramatically in the past year. Learning that a family member or someone close has been detained can be frightening and stressful, especially when you don't know where they are being held. Find out which categories are at risk, how you can locate someone at an ICE detention center or a state/local correctional facility, where to find legal counsel to assist them, how to try to get them released from detention, and additional resources for detainees and their families. Read more

Whether you are preparing to apply for re-parole or recently received a Request for Evidence (RFE) after filing Form I-131, you will need to submit sufficient evidence to USCIS demonstrating that 1) there are continued urgent humanitarian reasons or significant public benefit for you to be issued a new period of humanitarian parole, and 2) that you personally warrant a favorable exercise of discretion of parole. Learn how to write an effective affidavit explaining why you need to stay in the U.S. on humanitarian parole and which evidence is helpful to support it. Read more

On December 2, 2025, USCIS issued a Policy Memo that pauses final adjudication of all affirmative asylum applications. The hold applies to all applicants who filed or plan to file Form I-589, Application for Asylum and for Withholding of Removal, regardless of the applicant's immigration status, nationality, or country of origin. Although applicants can still file applications to USCIS, no asylum decisions will be issued while the pause is in effect. It is not yet clear whether USCIS will continue to conduct asylum interviews or process work permits for individuals with pending asylum applications. Note that this pause does not affect defensive asylum applications filed in immigration court by individuals who are already in removal proceedings. Read more

On December 23, 2025, the State Department announced that it has stopped issuing new Diversity Immigrant Visas to previous winners of the Diversity Lottery. This follows the December 18th announcement by the Department of Homeland Security directing USCIS to stop processing applications by previous Diversity Lottery winners for adjustment of status to permanent residence. While existing visas that have already been issued to previous Diversity Lottery winners should not be affected, it is not clear whether the lottery will be opened to new registrants, since the State Department still has not announced the official registration dates for the 2027 Diversity Lottery. Read more

On Oct. 16, 2025, DHS implemented a new $1,000 fee for grants of parole and re/parole. The new fee applies when an individual is either 1) physically paroled into the United States, unless they qualify for an exception, or 2) is already present in the United States and receives a notice from USCIS that their re-parole will be approved. The $1,000 parole grant fee is due in addition to the $580 Form I-131 online filing fee. Note that individuals do not need to pay the additional $1,000 fee when they file Form I-131. Only those who are notified by USCIS that their request will be approved must pay the additional $1,000 parole grant fee. Read more

In June 2025, USCIS resumed processing re-parole and other applications filed by parolees. Although Ukrainians are no longer able to use the streamlined re-parole process that was previously available, they can still apply for re-parole by filing Form I-131 online or by mail and submitting all the required documentation to USCIS. Their re-parole requests will be considered on a case-by-case basis after examining their individual circumstances to determine if another grant of parole is warranted for urgent humanitarian reasons or significant public interest. Learn more about re-parole, who is eligible, how to apply, how to renew employment authorization, and recommendations for filing a strong application. Read more

The Diversity Visa (DV) Lottery for 2027 is scheduled to open in the Fall of 2025. Through this program, the U.S. Department of State allocates up to 55,000 immigrant visas annually to individuals who may not have any other options for permanent immigration. Unlike family-based immigrant visas and most employment-based immigrant visas that require a U.S. sponsor, the diversity visa lottery allows individuals to self-sponsor themselves for a green card. Learn more about the diversity visa lottery, eligibility criteria, important dates, and how to apply in our article below. Read more