Uniting for Ukraine
The 2022 Russian invasion of Ukraine has sent tidal waves of fear, anger, and concern amongst citizens and nationals of Ukraine, both in Ukraine and in the United States. With no peaceful resolution in sight, today we take a look at the current options Ukrainian citizens have in order to gain entry into, or remain in, the United States. Uniting for Ukraine For Ukrainians residing outside the United States, the Uniting for Ukraine program may be a feasible solution to gaining entry to the United States. “U4U” is available to Ukrainian citizens and nationals who were residing in Ukraine when the Russian invasion commenced on February 11, 2022. Applicants must file Form I-134, Affidavit of Support, with U.S. Citizenship and Immigration Services (USCIS). The form is only available online; USCIS will not accept a paper mailed filing. Each applicant must have a viable “sponsor” to qualify. Certain family members of Uniting for Ukraine applicants may join the primary applicant. Uniting for Ukraine grants applicants a Humanitarian Parole document that allows the holder to enter the United States for a temporary two-year period. A work permit is available for these individuals. One should keep in consideration that the parole status conferred is not a pathway to citizenship or lawful permanent residency, although certain individuals may qualify for more permanent immigration status by other means. Temporary Protected Status Ukrainian citizens and nationals who have resided in the United States since March 1st, 2022 may be eligible for Temporary Protected Status, or “TPS.” The Department of Homeland Security (DHS) published TPS for Ukrainian national in the Federal Register, thus allowing Ukrianians to maintain temporary statusin the United States, due to “the extraordinary and temporary conditions” in Ukraine that “result from the full-scale Russian military invasion”. TPS confers its holders lawful immigration status and work authorization. Certain TPS holders may be able to request an Advance Parole document that would allow for temporary international travel on the basis of a family emergency, business trip, or cultural excursion, among other reasons. We highly recommend applying Temporary Protected Status if you eligible. Asylum Certain Ukrainian nationals in the United States may be eligible for asylum. Asylum is a complicated subject matter, and not everyone should apply without fully understanding and analyzing their situation. Generally, asylum applications must be received by USCIS no later than one year after the applicant’s initial entry into the United States. However, one major exception to this rule is the presence of “changed country conditions.” Asylum applicants must show that they either suffered past persecution or have a well-founded fear of persecution on account of one of the five protected grounds for asylum. A grant of asylum leads to asylee status and employment authorization, followed by the opportunity to apply for permanent residency after one year. Call Ibrahim Law Office
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