On April 21, 2022, President Biden announced the implementation of “Uniting for Ukraine,” a process for eligible Ukrainians to seek humanitarian assistance in the United States.
This assistance, known as humanitarian parole, allows for those who qualify to seek entry into the United States for up to 2 years, and also provides a basis to apply for employment authorization in the US.
Deep Dive on "Uniting for Ukraine"
1. What is "Uniting for Ukraine"?
On April 21, 2022, President Biden announced the implementation of “Uniting for Ukraine,” a process for eligible Ukrainians to seek humanitarian assistance in the United States. This assistance, known as humanitarian parole, allows for those who qualify to seek entry into the United States for up to 2 years, and also provides a basis to apply for employment authorization in the US.
2. Who is eligible?
To be eligible for humanitarian parole under “Uniting for Ukraine,” an applicant must meet the following requirements:
be a Ukrainian citizen and possess a valid Ukrainian passport (or be a child on a parent’s passport) OR be a non-Ukrainian immediate family member of a Ukrainian citizen who is applying through this program;
must have resided in Ukraine immediately prior to the Russian invasion (until February 11, 2022) and have been displaced as a result of the invasion;
have a supporter in the US who submits a declaration of financial support that is approved by the US government;
complete vaccination and other public health requirements; and
pass biometric screenings and security checks.
3. What is the general process to apply?
A. Financial Support
B. Biographic Information
C. Vaccinations
D. Approval to Travel
E. Seeking Parole at the Port of Entry
F. Decision on Parole
A. Financial Support.
The first step in the process is for the US-based supporter must file Form I-134, Declaration of Financial Support through US Citizenship and Immigration Service’s online portal.
The supporter will be vetted by the US government to protect against exploitation and abuse, as well as to ensure that the person is financially able to “receive, maintain, and support” the individual(s) specifically identified on the form.
Support is not just financial. It also includes things like picking the beneficiary up upon arrival in US and taking them to initial housing; ensuring the beneficiary has safe and appropriate housing during the duration of their stay in the US; ensure that the beneficiary’s health and medical needs are met for the duration of stay; and help with accessing education, learning English, securing employment, and enrolling children in school.
If the I-134 is approved, the Ukrainian beneficiary will receive an email from USCIS with instructions and next steps.
If the I-134 is not approved, the decision is final and there is no appeal or reconsideration.A supporter can, however, submit a new I-134 package on behalf of the same or different beneficiary.Additionally, multiple supporters can join together to support 1 or more Ukrainian beneficiaries.
B. Biographic Information.
Once the I-134 Declaration of Support is approved, the Ukrainian beneficiary will receive an email from USCIS on how to create an online account and the next steps in the process.
The beneficiary will also be required to confirm their biographic and biometric information so that a background check can be performed against various law enforcement databases.
C. Vaccinations
All applicants will need to confirm prior vaccinations against measles, polio, and Covid-19.If the person has not been previously vaccinated, the applicant must receive the first dose of the required vaccines prior to obtaining travel authorization.
D. Approval to Travel
After completing all of the requirements, applicants will receive a notice in their USCIS online account confirming whether they are authorized to travel to the US in order to seek parole at the border. Note: at this step in the process, the person has not yet been granted humanitarian parole; they simply have authorization to travel to the US to seek parole at the border.
If travel is authorized, the applicant will have 90 days in order to come to the US. Applicants must make their own travel arrangements, and must meet other CDC requirement such as pre-departure Covid testing.
Importantly, children under 18 will not be allowed to travel without a parent or legal guardian and therefore are currently ineligible under Uniting for Ukraine.
E. Seeking Parole at the Port of Entry
Once each applicant arrives at the US port of entry, they will be inspected by US Customs and Border Protection and considered for parole for up to 2 years. This includes additional screenings and biometric vetting, and anyone deemed a threat to national security or public safety will be referred to ICE.
Anyone who arrives at a port of entry without a valid visa or pre-authorization to travel under Uniting for Ukraine may be denied entry.
F. Decision on Parole
If granted humanitarian parole, the Ukrainian beneficiary will be paroled into the US for a period of up to 2 years.This parole status will then serve as a basis for the beneficiary to apply for employment authorization and a Social Security Number.
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Disclaimer: This post is for informational purposes only, and shall not be considered legal advice, or be used as a substitute for competent counsel. No attorney-client relationship exists without a signed agreement.
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