On April 21, 2022, the United States announced the support of Ukrainians running away from Russia’s invasion. USCIS’ Uniting for Ukraine provides an option for Ukrainian citizens and their immediate family members who are outside the United States to enter the United States for a period of two years.
Ukrainians participating in USCIS’ Uniting for Ukraine must have a supporter in the United States who agrees to pay for entire their stay in the United States (the whole two years).
The first step in USCIS’ Uniting for Ukraine process is for the supporter to file with USCIS to become a supporter of one or more Ukrainians. The U.S. government will then check the supporter to ensure that they are able to financially support the Ukrainians whom they agree to pay for.
A person that wishes to be a supporter to Ukrainians in USCIS’ Uniting for Ukraine must meet one of the following criteria:
Holds lawful status in the United States
Is a parolee or beneficiary of deferred action, Deferred Enforced Departure (DED) who has passed security and background vetting and demonstrated sufficient financial resources to receive, maintain, and support the individuals whom they commit to support for the duration of their stay in the United States
Examples of individuals who meet the supporter requirement include:
U.S. citizens and nationals
Lawful permanent residents (green card holder), lawful temporary residents, and conditional permanent residents
Non-immigrants in lawful status (that is, who maintain the non-immigrant status and have not violated any of the terms or conditions of the non-immigrant status)
Asylees, refugees, and parolees
TPS holders (Since 1990, temporary protected status (TPS) has allowed migrants from countries with unsafe conditions to reside and work legally in the United States. Today, nearly 355,000 TPS holders live in the country).
Beneficiaries of deferred action (including DACA) or Deferred Enforced Departure
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A Ukrainian the wishes to enjoy the support of a United States based supporter’s support as part of USCIS’ Uniting for Ukraine must meet the following criteria:
The Ukrainian citizen (or their non-Ukrainian immediate family member) who is outside the United States and who may be considered for parole under Uniting for Ukraine
Immediate family members in this process include:
The spouse or common-law partner of a Ukrainian citizen; and
Their unmarried children under the age of 21. NOTE: If a child is under 18, they must be traveling with a parent or legal guardian in order to use this process
Who May be Considered for Parole under Uniting for Ukraine?
To be considered for parole (entering the Unites States) under USCIS’ Uniting for Ukraine, the beneficiary (Ukrainian) is eligible for the process if they:
Resided in Ukraine immediately before the Russian invasion (through Feb. 11, 2022) and were displaced as a result of the Russian invasion
Are a Ukrainian citizen and possess a valid Ukrainian passport (or are a child included on a parent’s passport)
If not a Ukrainian citizen, they must be an immediate family member of a Ukrainian citizen beneficiary of USCIS’ Uniting for Ukraine with a valid passport
Have a supporter who filed a Form I-134A on their behalf that USCIS has vetted and confirmed as sufficient; and
Clear biographic and biometric security checks
Please Note: To be eligible for this process, children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian.
The supporter must complete and file Form I-134A with USCIS and be vetted by the U.S. government to protect against exploitation and abuse and ensure that they are able to financially support (pay for) the Ukrainians they are agreeing to support for the entire time period they will be in the United States.
Who Is Not Eligible for Parole Under USCIS’ Uniting for Ukraine?
Ukrainian citizens who are present in the United States will not be considered for parole under USCIS’ Uniting for Ukraine. However, Ukrainian citizens present in the United States may be eligible for Temporary Protected Status (TPS).
Children traveling without their parent or legal guardian are not eligible for parole (entering the United States) under USCIS’ Uniting for Ukraine. Upon arrival at a U.S. port of entry, a child who is not traveling with their parent or legal guardian may be placed in the custody of the Department of Health and Human Services (HHS), as required by law under the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), to protect the child from human trafficking and other forms of exploitation.
Since they are ineligible to pursue USCIS’ Uniting for Ukraine, children who are not traveling with a parent or legal guardian but are coming to the United States to meet a parent or legal guardian may instead seek parole through the standard Form I-131 parole process. In the Form I-131 parole process, children who wish to travel without a parent or legal guardian will need written permission from all adults with legal custody of the child (that is, their parents or legal guardian(s)) to travel to the United States.
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Evidence to accompany the Form I-131 will need to include the duration of the stay in the United States and evidence of relationship between the child and the parent or legal guardian in the United States. If the legal guardian is providing the written permission, the requestor must include proof of legal guardianship issued by a government authority. In addition, the application should include a statement about the relationship of the child to the person filing the Form I-131, and if they intend to provide care and custody of the child in the United States or reunite the child with a parent or legal guardian in the United States.
Can the standard parole process be used to seek travel authorization for a Ukrainian child whose adoption is not yet complete? - This process may not be used by prospective adoptive parents to circumvent any adoption processes.
Examples of the types of support for beneficiaries that supporters should keep in mind when considering their ability to meet this commitment include:
Receiving the Ukrainian upon arrival in the United States and transporting them to initial housing
Ensuring that the Ukrainian has safe and appropriate housing for the duration of their parole and initial basic necessities
As appropriate, helping the Ukrainian complete necessary paperwork such as for employment authorization, for a Social Security card, and for services for which they may be eligible
Ensuring that the Ukrainian’s health care and medical needs are met for the duration of the parole; and
As appropriate, assisting the Ukrainian with accessing education, learning English, securing employment and enrolling children in school
Supporters must include the name of the Ukrainian on Form I-134A. Supporters may not file a Form I-134A on behalf of an unnamed Ukrainian. A supporter may agree to support more than one Ukrainian, such as for different members of a family group, but must file a separate Form I-134A for each Ukrainian.
At least one Form I-134A must be filed for each Ukrainian. Multiple supporters may join to support a Ukrainian. In this case, a supporter should file a Form I-134A and include in the filing supplementary evidence demonstrating the identity of, and resources to be provided by, the additional supporters and attach a statement explaining the intent to share responsibility to support the Ukrainian. These supporters’ ability to support a Ukrainian will be assessed collectively by USCIS.
The Form I-134A requires an individual to sign the form; organizations may not serve as the named supporter on a Form I-134A. However, if an organization or other entity is providing financial or other services to the Ukrainian for the purpose of facilitating support, this information should be provided as part of the evidence submitted with the Form I-134A and will be taken into account in determining the supporter’s ability to support the Ukrainian.
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