Legal Updates

Most Ukrainians who came through the U.S.-Mexico border in March and April 2022 were given a “DT” admission class code on their I-94 Arrival/Departure Record and were granted humanitarian parole for one year. Unless they entered the U.S. on or before April 11, 2022, they are not eligible to apply for the current TPS term. For Ukrainians who are eligible for TPS but have not yet applied for or been granted TPS protection, their parole will expire when their I-94 authorized stay expires. Read more

There has been an increase in scams and predatory behavior targeting individuals from Ukraine and other countries who may be considered for parole under the Uniting for Ukraine.  USCIS is asking potential sponsors and beneficiaries to be cautious of scams and rumors. Read more

The Ukraine Immigration Task Force is excited to announce a new program that hopes to increase the number of refugees admitted from other countries. The State Department just launched Welcome Corps, which represents the first major development in U.S. refugee immigration in a long time. This program will enable Americans to help thousands of people from around the world start new lives in the United States through private sponsorship.  The new program follows President Biden’s February 2021 Executive Order... Read more

Ukrainian humanitarian parolees must apply for an Advance Parole Travel Document in order to travel outside of the United States or a U.S. territory. To apply for an Advance Parole Travel Document... Read more

Ukrainian humanitarian parolees are eligible to apply for a Social Security Number (SSN) without receiving employment authorization. This is called a non-working SSN. However, it is only issued to individuals who are able to demonstrate that they require a non-working SSN in order to obtain health or social services benefits. Read more

We are excited to share a major legal update about employment by Ukrainians prior to receiving work permits! Today, USCIS announced a major update on employment authorization for Ukrainian humanitarian parolees. Please see the full announcement at the bottom of this post. Read more

The new final rule on the public charge ground of inadmissibility was announced on September 8, 2022. Under the final rule, a public charge is defined as "an alien who has received one or more public benefits, as defined in the rule, for more than 12 months within any 36-month period." For those not familiar with the public charge ground of inadmissibility, an alien who is likely at any time to become a public charge is generally inadmissible to the United States and ineligible to become a lawful permanent resident. Read more

A great resource from VECINA for Ukrainians arriving under U4U to set the expectations for the process at the airport.  Read more

Individuals seeking political asylum in the United States must file an Application for Asylum and for Withholding of Removal within one year of their arrival to the United States, though there are a few limited exceptions to the one-year filing deadline. In addition to the one-year filing deadline, there could be other bars to asylum such as firm resettlement in another country or criminal history. A person may apply for asylum in the United States regardless of their country of origin or their current immigration status. In order to apply for asylum protection, applicants must show.... Read more

Among the first priorities for many arriving under the Uniting for Ukraine program is to obtain due benefits. However, there are quite a few instances in which local SSA and other benefits-granting offices are not aware of which benefits Ukrainians are eligible for and how to administer those benefits to recent arrivals. For example, we have heard of situations in which health insurance providers want a Social Security Number, but the local SSA office informs people that they cannot issue an SSN before applicants receive an Employment Authorization Document (EAD). Or, some SSA offices don’t want to issue a non-working SSN in states where Ukrainians are eligible to receive certain benefits without having an SSN (for example, in New York State).  For the purposes of obtaining benefits, all family members can apply for non-working SSN at their local SSA local office. If they are applying for Medicaid, they should be able to get a letter from the benefits-granting agency stating they need an SSN in order to be able to process their Medicaid application. They can take that letter to the SSA, which should then issue them a non-working SSN. The SSA offices can confirm these provisions directly in their Program Operations Manual, found at  https://secure.ssa.gov/poms.nsf/lnx/0110211195 and https://secure.ssa.gov/poms.nsf/lnx/0110211600 It also helps to come to the SSA with a form from […] Read more