Eligible Ukrainians Can Now Apply for Re-Parole

March 01, 2024
Anna Buskila

Effective Feb. 27, 2024, United States Citizenship and Immigration Services (“USCIS”) started accepting and considering, on a case-by-case basis, re-parole applications for certain Ukrainians and their immediate family members paroled into the United States. The extraordinary circumstances in Ukraine that supported the prior exercise of discretionary parole authority continue to exist. Russia’s invasion of Ukraine has continued and has resulted in tremendous civilian casualties. USCIS will take these current extraordinary circumstances into account on a case-by-case basis in evaluating requests for re-parole.

The re-parole process does not require applicants to leave the U.S. at any point. To be eligible for re-parole for up to two years, you must demonstrate the following:

  • That you are a Ukrainian citizen or immediate family member who was paroled into the United States on or after February 11, 2022;
  • That there are continued urgent humanitarian reasons or significant public benefit for a new period of parole, as well as any additional factors;
  • That you warrant a favorable exercise of discretion;
  • That you are physically present in the United States;
  • That you have complied with the conditions of the initial parole; and
  • That you clear biographic and biometric background checks.

It is important that you file your application for re-parole before the end of your initial parole period. If possible, it is recommended that you file your application for re-parole no later than 60 days before the last day of your initial parole period. USCIS will be prioritizing cases based on parole expiration dates. If your initial parole expired while your application for re-parole is pending, you are no longer in an authorized period of stay unless you received any other immigration status, such as asylum or Temporary Protected Status (“TPS”), or are otherwise in an authorized period of stay, such as if you have a pending asylum, TPS, or Green Card application. Please review our recommendations regarding applying for TPS when eligible.

As a reminder, U4U parolees paroled into the U.S. between February 24, 2022, and September 30, 2023, are eligible to apply for main­stream benefits, resettlement assis­tance, and other benefits available to refugees, until the end of their parole term. To continue receiving these benefits, you must go through the re-parole process even if you are currently on TPS. If you are granted re-parole, you can then apply for an Employment Authorization Document (EAD) as evidence of employment authorization for the duration of your new period of parole. While your new EAD application is pending, you can show your new Form I-94 (issued following the grant of re-parole) as acceptable evidence of identity and employment authorization for a period of up to 90 days from the date you are hired or for reverification of employment eligibility when the initial EAD expires. To use the I-94 for this purpose, you must have been:

  • Granted re-parole as a certain Ukrainian citizen or an immediate family member;
  • Have a most recent date of entry on or before September 30, 2023; and
  • Have a new I-94 with “UHP” listed as the class of admission.

Notably, while USCIS did not initially require a filing fee for an EAD for Ukrainian parolees, you must now include the current EAD filing fee or a fee waiver request with your EAD application. To discuss your eligibility for re-parole or any other options, do not hesitate to contact our office at (312) 427-6163 or schedule a consultation online.

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

© 2023 Minsky, McCormick & Hallagan, P.C. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Minsky, McCormick & Hallagan, P.C.

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