Immigration Options for Ukrainian Nationals in the USA: TPS, Re-Parole, and Family Petitions
For Ukrainian nationals seeking to extend their stay in the USA, the process can be a daunting one. With the ongoing war in Ukraine, many have fled to America seeking refuge and a better life. However, the immigration process in the USA can be complicated and ever-changing. In this article, we will explore the main options available to Ukrainian nationals who have arrived in the USA on a humanitarian parole or through the U4U program.
✅ The first option available to those who arrived before the war is Temporary Protected Status (TPS). TPS allows individuals to legally stay in the USA, have the right to work, and even the right to Advance Parole if they are not in immigration court. If they are in immigration court, TPS will protect them from deportation. Additionally, if you have been in the USA for a long time and have not applied for asylum, you may be able to apply for asylum now due to the current circumstances in Ukraine.
☝ Another option for those who have come on a humanitarian parole is the ability to apply for re-parole within 90 days of the expiration of the initial parole. This will give them an additional year of legal stay in the USA. Additionally, those who have come on a humanitarian parole may be able to change their status to another immigration category, such as a student or work visa if they meet the qualifications and can provide the necessary documentation.
👨👩👧👦 It’s important to note that those who have come through the United for Ukraine program cannot apply for TPS, but they do have 2 years of authorized stay in the USA and can apply for asylum or wait for alternative programs to appear. Another option for those who have come through the United for Ukraine program is a family petition if they have close relatives who are US citizens (children, spouses, or parents) who can petition for them.
🇺🇦 Those who have come through the United for Ukraine program cannot apply for TPS. They have received 2 years of authorized stay here and can currently apply for asylum or wait for any alternative program to appear.
👉 One option that applies to almost all previous categories (except the first) is a family petition if you have close relatives who can petition for you (children, spouses or parents, US citizens). If parents petition for you and you are over 21 years old and married, then your petition will take more than one year. Children of US citizens can petition for you at any time.
Note that it is not possible to transition from humanitarian parole and United for Ukraine to business, student, and work visas.
It’s important to consult with an immigration attorney or accredited representative for personalized advice and guidance as the immigration process can be complicated and ever-changing. Additionally, stay informed about the most current information on our Telegram, Instagram, YouTube, and Facebook pages.