This article was updated in February 2024.
Many Ukrainians who entered the United States through the Uniting for Ukraine program are wondering how they might be able to remain in the United States after their humanitarian parole expires.
Below is an overview of potential options that could allow certain Ukrainians on humanitarian parole to remain in the United States after their Uniting for Ukraine stay ends.
Photo by Sipa US, available at Alamy.com. This image is being used for editorial purposes only.
Short-Term Humanitarian Protections for Humanitarian Parolees
In the short term, there are 2 temporary humanitarian options available between the end of 2023 and 2025.
1.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. In August 2023, the Department of Homeland Security (DHS) announced a redesignation of TPS for Ukraine for a second term. This opens new eligibility to Ukrainian nationals who arrived in the U.S. on or before August 16, 2023 and remain physically present in the U.S. continuously through October 20, 2023. Applicants must be physically present in the U.S. when applying for TPS. Ukrainians who entered the United States on or before April 11, 2022 and have been physically present continuously are also eligible to apply.
TPS is typically designated to a country for an 18-month term. However, each individual from Ukraine must apply separately, and application processing could take 6-8 months. Individuals who are granted TPS are protected from being removed from the United States through the end of the 18-month period (as defined by the official start and end date published in the Federal Register, not the date of the individual TPS grant). They are permitted to work if they receive employment authorization through TPS, and they may apply for travel authorization through TPS to leave the United States.
To learn more about TPS for Ukrainians, read our article here: https://ukrainetaskforce.org/ukraine-s-temporary-protected-status-tps-is-redesignated-with-new-eligibility-dates-and-extended-for-current-tps-holders/
2. Re-Parole
On February 27, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that certain Ukrainian citizens and their immediate family members who were paroled into the United States may apply for re-parole, either online or by mail. USCIS will consider these applications on a discretionary, case-by-case basis for urgent humanitarian reasons or significant public benefit. If USCIS approves the application, a new period of humanitarian parole (also known as “re-parole”) will be granted for up to 2 years.
To be eligible for re-parole under this process, applicants must demonstrate all of the following:
- That you are a Ukrainian citizen or their immediate family member who was paroled into the United States on or after February 11, 2022 through one of the following processes:
- Paroled as a beneficiary through Uniting for Ukraine
- Initially paroled into the United States with a DT class of admission after Russia’s full-scale invasion of Ukraine and before the Uniting for Ukraine process became available
- That there are continued urgent humanitarian reasons or significant public benefit for you to be issued a new period of humanitarian parole. These include the urgent humanitarian reasons or significant public benefit factors identified above, as well as any additional factors that may apply to you personally. USCIS has published guidance explaining some types of factors that might be considered in assessing whether humanitarian parole is “merited” for a particular applicant.
- That you warrant a favorable exercise of discretion (i.e. a new period of parole that would allow you to remain in the United States). It may be useful to provide some compelling facts about your unique circumstances that explain why you need to remain in the United States. Examples include but are not limited to remaining united with family members, receiving necessary medical treatment or health services, loss of a home or safe shelter in Ukraine, elevated risk of harm in Ukraine due to personal characteristics, and maintaining safety for children or disabled family members.
- That you are physically present in the United States.
- That you have complied with the conditions of your initial parole, including completing the health requirements for parolees, registering for the Selective Service System (males ages 18-25), and updating their address with USCIS each time they moved
- That you clear biographic and biometric background checks
Learn more about who is eligible, when to apply, what documents are required, procedures for adults and minors, how to renew employment authorization, and other important details in our article here:
Please note: In order to apply for re-parole under this process, applicants must be located inside the United States.
Uniting for Ukraine parolees outside of the United States may be able to apply for re-parole to USCIS by filing Form I-131, Application for Travel Document and following all the instructions. To learn how individuals outside of the United States may be able to apply for parole into the United States, visit the USCIS page on humanitarian parole.
Processing times for traditional Form I-131 applications (including other types of humanitarian parole, re-parole from outside of the United States, and advance travel documents for parolees) can take 10-14 months.
Long-Term Immigration Pathways for Humanitarian Parolees
With respect to longer-term options, there are 4 potential pathways to permanent residence for Ukrainians who are on humanitarian parole. Not everyone will qualify for each pathway, and there are specific criteria for eligibility through these channels.
1. Family Sponsored Immigration
This requires a close relative who is a U.S. Citizen or Lawful Permanent Resident (green card holder) to sponsor the Ukrainian national. There are two types of family based pathways: Immediate Relative (U.S. Citizen) and Family Preference (U.S. Citizen/LPR) .
Immediate Relative. Immediate Relative immigrant visas have no limit to the number of visas that can be issued annually. Processing time is faster than for Family Preference, but the eligible categories are narrow. Ukrainians may qualify if they have a:
– U.S. citizen spouse
– U.S. citizen parent (only if the Ukrainian is under 21 years old and unmarried)
– U.S. citizen child who is 21 years or older
Family Preference. Family Preference immigrant visas are issued in limited numbers each year. Processing takes much longer than for U.S. Citizen immediate relatives — it could take years. Family Preference categories are:
– First preference (F1) – Ukrainian unmarried sons and daughters (21 years of age and older) of U.S. citizens;
– Second preference (F2A) – Ukrainian spouses and children (unmarried and under 21 years of age) of U.S. lawful permanent residents;
– Second preference (F2B) – Ukrainian unmarried sons and daughters (21 years of age and older) of U.S. lawful permanent residents;
– Third preference (F3) – Ukrainian married sons and daughters of U.S. citizens;
– Fourth preference (F4) – Ukrainian brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
To learn more about Adjustment of Status through Family-Based Immigrant Visas, read our article here: https://ukrainetaskforce.org/family-based-adjustment-of-status-to-permanent-residence/
2. Employer Sponsored Immigration
This requires a company, organization, or educational institution to sponsor the Ukrainian national (with a couple of exceptions). Note that humanitarian parolees are not be eligible to apply directly for most employment-based immigrant visas while they are on humanitarian parole in the United States. This is because humanitarian parole is not a sufficient immigration status for purposes of employment-based immigrant visas.
Thus, humanitarian parolees who leave the United States may be eligible to apply for employment-based visas to a U.S. consulate abroad. Alternatively, humanitarian parolees who leave the U.S. then are later re-admitted on a different immigration status (ex. TPS, visitor visa, student visa, temporary worker) could potentially become eligible to apply for an adjustment of status to an employment-based immigrant visa. This is a highly complex and emerging area of the law, so it will be best to consult an experienced immigration attorney who is up-to-date on Ukrainian immigration matters.
3. Diversity Visas
To obtain a Diversity Visa, an applicant must win one of a handful of immigrant visas issued each year by the Department of State through the Diversity Immigrant Visa Program lottery. The application for Adjustment of Status must be made by an applicant who is legally residing in the U.S. after winning the diversity lottery. To learn more about Diversity Visas (one of the few non-family-based immigrant visas potentially available to Ukrainian parolees), visit the State Department website: U.S.. Department of State Diversity Visa Program
Note that Adjustment of Status is not the same thing as Change of Status. Adjustment of Status is for immigrant visas that lead to permanent residence. Change of Status is for non-immigrant visas (ex. student, tourist, temporary worker) that allow individuals to stay for a temporary period. Unfortunately, humanitarian parolees cannot apply for a Change of Status to a non-immigrant visa without leaving the U.S. and going through the consular application process abroad.
4. Asylum
This protection requires the applicant to meet precise legal criteria and win the case in immigration court in order to be granted asylum before applying for permanent residence. Individuals must apply for asylum within 1 year of their most recent entry into the United States.
Ukrainian parolees may be eligible to apply for asylum if they can demonstrate to an immigration court that they cannot return to their home country because they have been persecuted there in the past or have a well-founded fear of being persecuted in the future because of their race, religion, nationality, membership in a particular social group, or political opinion. Applicants for asylum must prove that the persecution/harm is from their country’s government, or from a person or group that the government cannot protect them from. To be eligible for asylum, the persecution must also be significant, such as unlawful or political detention, torture, violation of human rights, physical violence, or some type of severe non-physical harm.
However, fleeing war or violence is not, by itself, a sufficient qualification for asylum unless the applicant meets the other eligibility requirements. Each asylum application is considered individually based on the applicant’s unique facts and circumstances. If an asylum application is approved, then the person with asylum can apply for a green card. If asylum is not approved, then the applicant will need to obtain a different lawful status in order to remain in the United States.
It is important to know that asylum applications can take 4-7 years to adjudicate due to the record-number of asylum applications already in the pipeline. There is also a major risk of being rejected — not only for Ukrainians but for applicants from other countries — so it could be beneficial to pursue multiple routes if an applicant seeks permanent residence in the U.S. To learn more about Asylum, read our article here: https://ukrainetaskforce.org/can-ukrainians-seek-asylum-in-us/
Each individual’s and family’s situation is highly specific, so there could be other pathways not mentioned here. At the same time, not everyone will qualify for each of the above options.
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This information is intended for educational purposes only and should not be taken as legal advice. By reading this, you agree that this information is not a substitute for legal counsel and does not establish an attorney-client relationship. Please note that we are not able to offer direct filing assistance or personalized legal advice through this forum. Please consult a qualified attorney to discuss your own situation and to obtain assistance with specific matters. If you do not have an immigration attorney, you may try contacting an attorney listed on this page: https://ukrainetaskforce.org/legal-assistance-providers/
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