USCIS has issued guidance stating that the expiration dates for Venezuelan Temporary Protected Status (TPS) will revert to those in place on Jan. 17, 2025, when former Department of Homeland Security (DHS) Secretary Alejandro Mayorkas extended the designation by 18 months. The move is pursuant to the Mar. 31, 2025, district court order temporarily halting the DHS’s recission of TPS for Venezuelans. Employers should stay updated on the progress of the litigation.

Expiration dates under the Jan. 17, 2025, extension are as follows:

• The 2021 designation currently expires Sept. 10, 2025. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.
• The 2023 designation is extended through Oct. 2, 2026. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.

Accordingly, employees with Venezuela TPS must be re-verified by Apr. 3, 2026. Employers should enter an expiration date of Apr. 2, 2026, on Supplement B of the I-9 form.

​https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela

The DHS has revoked Temporary Protected Status, or TPS for more than 300,000 Venezuelans in the United States (October 2023 TPS), leaving the Venezuelans vulnerable to potential deportation in the coming months. 

In September 2025, 2021 TPS for Venezuela will come to the end too.

This time, the administration has decided to make the changes more immediate. Those under TPS from Venezuela who received the protections in 2023 will lose their temporary status 60 days after the government publishes the termination notice.

The notice indicates that more than 300,000 Venezuelans had TPS until April 2025. Another group of more than 250,000 Venezuelans have protections through September and for now will not be affected, but could be in danger of losing their status in the future. 

On Feb. 1, 2025, Secretary of Homeland Security Kristi Noem decided to terminate Temporary Protected Status (TPS) under the 2023 designation for Venezuela.
TPS and related benefits associated with the 2023 designation will no longer be in effect starting 60 days after publication of the termination notice in the Federal Register.

This announcement impacts approximately 600,000 Venezuelans currently in the United States with TPS.
Former Secretary Mayorkas designated Venezuela for TPS once on May 9, 2021, and a second time on Oct. 3, 2023. Under Secretary Mayorkas’ Jan. 17, 2025, notice, TPS was extended as follows:

• The 2021 designation expires Sept. 10, 2025. Employment authorization documents for individuals who registered under the 2021 designation expire April 2, 2026.
• The 2023 designation expires Oct. 2, 2026. Employment authorization documents for individuals who registered under the 2023 designation expire April 2, 2026.

2021 registrants were permitted to register under the 2023 designation. Secretary Noem’s announcement intends to vacate the Jan. 17, 2025, notice. Following Secretary Noem’s announcement, any 2021 registrants who registered under the 2023 designation will have their 2021 designations restored.

As a result of this announcement, USCIS will no longer accept Venezuela TPS re-registration applications (Form I-821) and Applications for Employment Authorization (Form I-765) filed under former Secretary Mayorkas’ Jan. 17, 2025, redesignation. USCIS will cease processing applications already submitted and return associated filing fees. Additionally, USCIS will invalidate Venezuela TPS work authorization documents, approval notices, and I-94 forms issued with Oct. 2, 2026, expiration dates.

It will be published in the Federal Register on February 5, 2025.

The USCIS webpage TPS for Venezuela.

Update on Form I-134A

Release Date 01/28/2025

​Программа Ю4Ю для Украины временно приостановлена.
Если у вас есть возможность подать на ТПС, это остается лучший вариант для многих украинцев в США. 

Due to the Jan. 20, 2025 Executive Order, Securing Our Borders, USCIS is pausing acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, until we review all categorical parole processes as required by that order.

Read here.

On January 23, 2025, the Department of Homeland Security (DHS) announced a pause of the Uniting for Ukraine (U4U) Parole Program, a special program implemented after Russia’s invasion of Ukraine that permits Ukrainians seeking temporary refuge to travel to and work in the United States.
The DHS directive halts the review and adjudication of both initial and renewal parole applications under the U4U program. While not officially terminated, the directive suggests that DHS will not accept new applications for initial parole periods or renewal (or “reparole”) applications for those seeking to extend their parole in the United States. During an undetermined review period, individuals outside the United States should not expect decisions on pending applications, and those currently in the United States are strongly encouraged to explore alternative options to maintain legal status and work authorization. 

The best policy at this time is to avoid International Travel: Foreign nationals with Advance Parole or similar travel authorizations are advised not to leave the United States. Due to heightened scrutiny at ports of entry, travelers risk being denied reentry and may face expedited removal proceedings. Those seeking reentry have reportedly been asked to voluntarily depart or risk detention. 

However, recently the CBP posted this update, advising travelers that the old form I-512, Advance Parole, are still acceptable documents for reentry to the United States.

​Please see here.  
​https://www.cbp.gov/sites/default/files/2025-01/executive_order_on_securing_our_borders_20250122.pdf

Мы опубликовали видео про этут тут:

https://youtube.com/shorts/F0jxH2JbUcc?si=9XiLYtcS-LTEsJGY ​
​

Highlights of the New Executive Orders relating to immigration law and policies signed since January 2025.
​
National Emergency Declaration at the Southern Border
President Trump declared a national emergency to mobilize the U.S. military, expedite border wall construction, and bolster surveillance through drones and advanced technology. This measure aims to deter illegal crossings and improve border integrity and security.

Designation of Drug Cartels as Foreign Terrorist Organizations
The administration has classified drug cartels as “foreign terrorist organizations.” This designation will facilitate more robust measures against their operations and may influence broader immigration enforcement actions.

End of Humanitarian Parole Programs
The administration continues to affirm plans to terminate programs that had provided legal pathways for migrants from countries like Cuba, Haiti, Nicaragua, and Venezuela, as well as similar programs for Afghans, Ukrainians, and other groups. This signals a shift away from temporary humanitarian admissions and toward stricter immigration controls.

Re-examination of Temporary Protected Status grants to ensure they “are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of that statute”.

Changes to Asylum and Refugee Policies
The executive orders aim to end “catch and release” practices and significantly restrict asylum rights, reducing the ability of migrants to seek protection upon arrival. These measures may face legal challenges claiming they are inconsistent with existing U.S. and international law.
​
Additionally, the administration intends to suspend the refugee resettlement program for four months. The refugee resettlement program has, for several decades, allowed hundreds of thousands of people fleeing war and persecution to come to the United States. President Trump similarly suspended the refugee program at the beginning of his first term, and, after reinstating it, significantly reduced the number of refugees admitted annually.

Enhanced Interior Enforcement
Key actions include reinstating the “Remain in Mexico” policy, expanding the 287(g) program—which deputizes state and local officials as federal immigration enforcement agents—and issuing financial penalties to sanctuary cities that do not cooperate with federal immigration authorities. Both actions reflect the Trump administration’s campaign promise to crack down on illegal immigration and carry out mass deportations.

A measure “ensuring that employment authorization is provided in a manner consistent with [existing employment authorization regulations], and that employment authorization is not provided to any unauthorized alien in the United States.”

A directive to “take all appropriate action. . .to encourage aliens unlawfully in the United States to voluntarily depart as soon as possible.”

Increased use of detention pending removal from the United States.

End Birthright Citizenship
One of the key announcements is the effort to end birthright citizenship. Birthright citizenship ensures that anyone born in the United States automatically becomes an American citizen. It is expected to face legal challenges.

The new Executive Order challenges this historical precedent, and seeks to limit citizenship to children of at least one U.S. citizen or lawful permanent resident (green card holder), regardless of physical presence.
On January 20, 2025, Inauguration Day, President Trump signed an executive order entitled “Protecting the Meaning and Value of American Citizenship”, which interprets the language “subject to the jurisdiction thereof” in the Fourteenth Amendment of the Constitution to mean that U.S. citizenship does not extend to individuals born in the United States:
1. when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth,
2. or when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
The Executive Order directs agencies not to “issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship” to individuals falling within these categories.

The Executive Order specifies that it applies “only to persons who are born within the United States after 30 days from the date of this order”, after February 19, 2025, and does not explain whether the U.S. citizenship of a child who has already been born to two non-U.S. citizen or LPR parents will continue to be recognized.
Based on the text of the EO, citizenship would also no longer be granted children born to individuals on temporary visas, including employment-based visas. The Executive Order is scheduled to take effect on February 19, 2025, however a legal challenge has already been filed. Other lawsuits are sure to follow, and the executive order may be blocked by federal courts. 

Visa applicants and employers can expect to see many of these policies implemented immediately, which may result in processing delays and even possible denials. The Executive Order also directs various agencies to -- within 60 days -- identify countries that may post a security risk and for which a suspension of admission may be warranted. This directive signals a potential return of policies similar to the travel ban that was implemented in 2017 against several countries. 

Florida’s Role in Supporting Federal Immigration Goals
Florida has proposed legislation designed to align Florida’s state policies with the Trump administration’s federal immigration priorities. These include:

• Maximum Participation in the 287(g) Program: Florida will mandate compliance from local officials, imposing penalties for non-compliance.
• State Crime for Illegal Entry: The legislation creates a state offense for illegal entry, coupled with a self-deportation mechanism.
• Unauthorized Alien Transport Program (UATP): Expansion of this program will facilitate the detention and deportation of unauthorized individuals.
• Repeal of In-State Tuition for Undocumented Students: This move underscores a stricter approach to benefits extended to unauthorized residents.
• Voter Registration Reforms: Measures will ensure identity verification and impose severe penalties for voter fraud.
• Restrictions on Financial Transfers: New rules will require identity verification for foreign remittance transfers, aiming to reduce potential misuse.

Implications and Challenges
These policies are expected to face legal challenges. Some of them can be declared invalid by the courts. 

​DHS to Extend Temporary Protected Status for Ukraine

Extension Allows Eligible Ukrainian Nationals Who Arrived on or Before August 16, 2023, to Maintain TPS and Employment Authorization Following Vetting

WASHINGTON – The Department of Homeland Security announced today the extension of Temporary Protected Status (TPS) for Ukraine for 18 months. The extension of TPS is due to ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent eligible Ukrainian nationals from safely returning.

After reviewing the country conditions in Ukraine and consulting with interagency partners, it was determined that an 18-month TPS extension is warranted because of conditions resulting from the expansion of the Russian military invasion into Ukraine, the largest conventional military action in Europe since World War II. Russia’s expanded military invasion has led to high numbers of civilian casualties and reports of war crimes and crimes against humanity committed by Russian military forces and officials. This invasion has caused a humanitarian crisis, with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or access to medical services. These conditions prevent Ukrainian nationals and habitual residents from safely returning. Such a determination meets the statutory obligation to decide, at least 60 days before the expiration of a TPS designation, whether the conditions for designation continue to be met and merit an extension.

The extension of TPS for Ukraine allows approximately 103,700 current eligible beneficiaries to re-register for TPS, if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for TPS under Ukraine’s designation. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors.

DHS recognizes that not all re-registrants may receive a new Employment Authorization Document before their current EAD expires and is automatically extending for 12 months the validity of EADs previously issued under Ukraine’s TPS designation.

U.S. Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under the Ukraine designation. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 do not need to file either application again. If USCIS approves an individual’s pending Form I-821, USCIS will grant them TPS through October 19, 2026. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.  

A soon-to-be-published Federal Register notice will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs.

--

Только что было объявлено о продлении ТПС для Украины на дополнительный период 18 месяцев с 19 апреля 2025 по 19 октября 2026.

Если вы находились в США до 16 августа 2023 вы сможете подать на ТПС (временный статус защиты).

Если у вас и ваших детей уже есть ТПС, вы сможете продлить.

Также подавайте на разрешение на работу, форма I-765, и получите автоматическое продление EAD на 12 месяцев.

Пока решение не было опубликовано в Федеральном Регистре, только после публикации можно будет подать.

Не забывайте про ваших детей - каждому нужно подать заявление на ТПС по отдельности.

Мы опубликовали краткое видео тут:  www.youtube.com/@lubasmalimmigrationlawyer

Starting Aug. 19, 2024, you may file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online with the applicable filing fee. There is no fee waiver available for Form I-131F.

Each requestor, including noncitizen stepchildren, must file a separate Form I-131F requesting parole in place, and each requestor must have their own USCIS online account. A parent or legal guardian may create an online account for their minor child if the purpose is to submit a form on behalf of the minor. If a parent or legal guardian is not available, a primary caregiver or legal assistance provider may also help a child create their own USCIS online account. Information on creating a USCIS online account is available on the How to Create a USCIS Online Account page.

UPDATE effective 08/26/2024:

Administrative Stay of Keeping Families Together - as of August 26, 2024, temporarily can't file a I-131F, application for Parole In Place.

On Aug. 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, issued an administrative stay, preventing the Department of Homeland Security (DHS) from granting parole in place under Keeping Families Together for 14 days.

To comply with the district court’s administrative stay, USCIS will, until further notice:

Not grant any pending parole in place requests under Keeping Families Together.

Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

Continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs).

The district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024. Individuals granted parole in place under this process before the administrative stay order was issued may still file for any other immigration benefit for which they may be eligible, including employment authorization and adjustment of status to that of a lawful permanent resident.

Please note: You can only apply for employment authorization after your Form I-131F is approved. If you file your Form I-765, Application for Employment Authorization, before USCIS approves your Form I-131F request under this process, USCIS will reject or deny your Form I-765.

Biometric Appointments
USCIS continues to schedule biometric appointments consistent with the administrative stay order issued by the district court on Aug. 26, 2024. All individuals with biometric appointments should plan to appear at their appointment at the scheduled date, time, and ASC indicated on their notice. Individuals should not arrive on a different date, unless they have rescheduled their appointments. Individuals who were turned away at an ASC will have their appointment rescheduled by USCIS.

As a reminder, individuals must print their biometric appointment notice and bring it with them to their appointment. In addition, if individuals are unable to attend the appointment, they can reschedule using the online rescheduling request process, as long as rescheduling takes place before the initial appointment expires. For more information, see the Preparing for Your Biometric Services Appointment page.



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Who is eligible to apply for Parole in Place under this new program?

Q. What are the eligibility criteria for Keeping Families Together?
A. To be considered for this process as a noncitizen spouse of a U.S. citizen, you must:

• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

To be considered for this process as a noncitizen stepchild of a U.S. citizen, you must:

• Have been under the age of 21 and unmarried on June 17, 2024;
• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
• Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

*NOTE: Consistent with the Sept. 30, 2021, Guidelines for the Enforcement of Civil Immigration Law (PDF), a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.
All such requests for parole in place are considered on a case-by-case basis for urgent humanitarian reasons or a significant public benefit, in the exercise of discretion, taking into account the totality of the circumstances of each individual request.


Application for Parole in Place must be filed only ONLINE using a new online form I-131F.
Application fee is $580 per person.
Approval is not guaranteed because it is a discretionary and decided on a case-by-case basis.
If approved, will be granted parole under 212(d)(5) for 3 years.
Under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or a significant public benefit.
If approved, can apply for adjustment of status (aka Green Card) if eligible.
If approved, can apply for a work permit under c(11).

Applying for Employment Authorization

After you are granted parole in place under Keeping Families Together, you may apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD) as a parolee, you must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with either the required fee or a fee waiver request.
To file Form I-765 online, eligible applicants will access their USCIS online account at my.uscis.gov.

Leaving the United States
A grant of parole in place through Keeping Families Together does not authorize parole back into the United States if you decide to depart. If you depart the United States after being granted parole in place, your period of parole will automatically terminate. If you depart the United States without first obtaining an Advance Parole Document, you run a significant risk of not being able to return to the United States and you may also be ineligible for future immigration benefits.
CAUTION: Travel outside of the United States, even with advance parole, may have severe immigration-related consequences, including with respect to potential inadmissibility or execution of an outstanding order of removal. Parole into the United States is not guaranteed even if you have been granted advance parole prior to leaving the country. You are still subject to immigration inspection at a U.S. port of entry to determine whether you may be paroled into the United States and whether you are eligible for the immigration status you seek. For further information, see our Travel Documents page. Consultation with a qualified attorney or accredited representative is strongly advised prior to any travel outside of the United States.
Subsequent Filing of Form I-130 or Form I-360 Petition
A grant of parole in place does not establish eligibility for future immigration benefits, including an immigrant petition or lawful permanent resident status. To establish eligibility for lawful permanent resident status, the petitioning U.S. citizen spouse or parent of a parolee must file Form I-130, Petition for Alien Relative, or in the case of certain widow(er)s and their children, parolees must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
USCIS will determine eligibility for those petitions in a separate adjudication. For purposes of Form I-130 based on marriage, you must demonstrate that you entered into a bona fide marriage with the beneficiary, and for a Form I-130 for a stepchild, you must demonstrate a bona fide stepparent-stepchild relationship.
There are additional requirements for Form I-360 for certain widow(er)s and their children, including filing deadlines, residence requirements, and marital status requirements. A stepchild may remain eligible for an immigrant petition despite their parent’s marriage to a U.S. citizen being terminated through death of either parent or divorce, so long as a bona fide stepparent-stepchild relationship continues to exist following the death or divorce.
Subsequent Filing of Form I-485
A grant of parole in place does not by itself establish eligibility for adjustment of status to lawful permanent resident under INA section 245(a). A grant of parole in place satisfies the requirement under INA section 245(a) that the applicant has been inspected and paroled by an immigration officer.
However, it does not satisfy any other requirements for adjustment of status, including the requirement to have an approved immigrant petition with a visa immediately available and establishing that the noncitizen is not inadmissible under any applicable ground in INA section 212(a), 8 U.S.C. 1182(a).
If granted parole in place, the noncitizen would need a qualifying family member to file Form I-130 on their behalf, or file Form I-360 on their own behalf (if not previously filed; see above). The noncitizen would also need to file Form I-485, Application to Register Permanent Residence or Adjust Status, and possibly Form I-601, Application for Waiver of Grounds of Inadmissibility, if needed.

С сегодняшнего дня 19 августа 2024 открылась программа, о которой было объявлено в июне. Подача заявления на пароль возможна только онлайн: форма I-131F и госпошлина 580 на человека. Это не заявление на грин карту, а заявление на тип гуманитарного пароля для тех, кто въехал в США без визы. Если пароль утвердят, затем можно будет подавать на разрешение на работу и на грин карту.

Form I-131F guide is here.

Form I-131F.

Additional information.

Hope you find this information helpful!

If you need help, please email to schedule a consultation or use our online scheduler.

Parole Process Paused for Cubans, Haitians, Nicaraguans, and Venezuelans

The Department of Homeland Security DHS has temporarily paused the issuance of advance travel authorizations (ATAs) for Cuban, Haitian, Nicaraguan, and Venezuelan beneficiaries while it reviews the supporter application process.

U.S. Citizenship and Immigration Services (USCIS) said it continues to accept Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, but no requests will be confirmed until the review of the supporter application process is complete.

“Beneficiaries who have already received an ATA should check their myUSCIS account for updates before making travel arrangements and prior to travel. Individuals with a valid ATA are permitted to travel. ATA processing will restart as soon as possible once this thorough review concludes,” USCIS said.

The U.S. government may grant advance travel authorization to up to 30,000 noncitizens each month to seek parole on a case-by-case basis under the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. Effective May 17, 2023, under the new review process, USCIS randomly selected about half of the monthly total of Forms I-134A, Online Request to be a Supporter and Declaration of Financial Support, regardless of filing date, from the entire pending workload to review. We will review the other half of the monthly total of Forms I-134A based on when the case was submitted under the first-in, first-out method, which prioritizes the oldest Forms I-134A for review. This is intended to maintain a meaningful and equitable opportunity for all beneficiaries of a Form I-134A to move forward through the process and seek advance travel authorization.

Eligible beneficiaries must:

• Have a supporter in the United States;
• Undergo and clear robust security vetting;
• Meet other eligibility criteria; and
• Warrant a favorable exercise of discretion.

USCIS posted here.

Eligible Ukrainians Can Now Apply for Re-Parole - Form I-131 with a Filing Fee.

С 11 октября 2024 новая форма заявления I-131 заменила старую форму (edition date 06/17/2024). Новая форма I-131 имеет 14 страниц вместо 5, и много новых опций. Будьте внимательны выбирая опцию для Украины как онлайн так и в бумажной форме. Смотрите на странице 4 в бумажной форме. Госпошлина за эту опцию re-parole for Ukraine $630 (или на $50 дешевле, если подается онлайн). 

Начиная с 27 февраля 2024 украинцы, находящиеся в США по гуманитарному паролю в связи с войной, могут подать заявление на продление пароля (форма I-131 с уплатой госпошлины). ПОСЛЕ того, как пароль продлят, если его утвердят, заявитель может подать заявление на новое разрешение на работу.
​
Важно подать ДО истечения пароля, но можно подать и позже Важно подавать не вместе, а по отдельности: 1) Form I-131, 2) Form I-765 - после утверждения I-131. 

Продление пароля полезно тем украинцам и членам их семей - кто НЕ получили ТПС, у кого нет заявления на грин карту на рассмотрение, и нет других вариантов для лагализации для легализации. Это важно сделать если вы хотите оставаться в легальном статусе, и у вас нет других вариантов.

Предпочтительно подавать онлайн.

Каждый член семьи подает отдльно со своего аккаунта. Заявления не зависят друг от друга.

Пароль продлят на два года с даты истечения текущего пароля.

Утверждение не гарантировано. 

Только ЕСЛИ утвердят пароль,можно будет подавать на разрешение на работу по этой категории. Или вы можете подавать на разрешение на работу по ТПС, если у вас есть статус TPS/

Помните, что с 1 апреля 2024 вступают в силу новые госпошлины.

​
Начиная с 27 февраля 2024 украинцы, находящиеся в США по гуманитарному паролю в связи с войной, могут подать заявление на продление пароля (форма 131 с уплатой госпошлины, которая в настоящее время 575). ПОСЛЕ того, как пароль продлят, если его продлят, заявитель сможет подать заявление на новое разрешение на работу.
Важно подать ДО истечения пароля. Важно подавать не вместе, а по отдельности: 1) Form I-131 - госпошлина $575, 2) Form I-765 - после утверждения I-131. Госпошлина $410.
С 1 апреля 2024 вступают в силу новые госпошлины.

Beginning Feb. 27, 2024, certain Ukrainian citizens and their immediate family members displaced by the war and paroled into the United States on or after Feb. 11, 2022, will be able to apply for a new period of parole (also known as re-parole) for up to two years. USCIS will consider these applications on a discretionary, case-by-case basis for urgent humanitarian reasons or significant public benefit. To apply for re-parole, eligible applicants should submit Form I-131, Application for Travel Document, with the appropriate filing fee through a USCIS online account to save time and reduce errors commonly found on paper-filed forms that can lead to delays. Once approved for re-parole, Ukrainians can then apply for an initial or renewal Employment Authorization Document with USCIS. 

To be eligible for re-parole under this process, you must demonstrate the following: 

• That you are a Ukrainian citizen or their immediate family member who was paroled into the United States on or after Feb. 11, 2022; 
• That there are continued urgent humanitarian reasons or significant public benefit for issuance of a new period of parole, including the urgent humanitarian reasons or significant public benefit factors identified above, 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. 

You can find your initial date of parole on your Form I-94, Arrival/Departure Record, issued by U.S. Customs and Border Protection.
It is important that you file your application for re-parole before the end of your initial parole period. If circumstances allow, USCIS recommends filing your application for re-parole no later than 60 days before the last day of your initial parole period.  

Required Documents
You must use Form I-131 to request re-parole. You can submit Form I-131 online or on paper by mail. You do not need to file Form I-134, Declaration of Financial Support, or Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, as a supporter is not required for re-parole. Regardless of whether you apply for re-parole online or on paper by mail, you must provide documentation to confirm your initial period of parole and identity, including your photo, name, and date of birth. Examples include: 

• Form I-94; 
• A copy of both sides of your USCIS-issued Employment Authorization Document (EAD), if you applied for and received one; 
• A copy of both sides of your U.S. government-issued driver’s license or U.S. government- issued ID, if you applied for and received one; or 
• A copy of the identity (biographical) page of your passport and copies of all admission and parole stamps in your passport for entries into the United States. Please note that children may be included in a parent’s Ukrainian passport; in such cases, the children’s information will not be on the identity page. 

If you submit any document containing information in a foreign language to USCIS, you must include a full English language translation that the translator has certified as complete and accurate and include the translator’s certification that they are competent to translate from the foreign language into English. 

Employment Authorization
If USCIS approves your application for re-parole, you can then apply separately for a new EAD, for the duration of your new period of parole, by submitting Form I-765, Application for Employment Authorization, to USCIS after they approve your re-parole.

If you file Form I-765 before grant of re-parole, USCIS may deny your Form I-765, and will not refund any associated fees. You can apply for an EAD through a USCIS online account.  

While their new EAD application is pending, parolees who have received re-parole may be able to show their 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 they are hired (or for reverification of employment eligibility when the initial EAD expires).  To use the I-94 for this purpose, a parolee 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 Sept. 30, 2023; and  
• Have a new I-94 with “UHP” listed as the class of admission.  

Within 90 days, the employee must present an unexpired EAD or unrestricted Social Security card and a List B identity document such as a state-issued driver’s license or identification card to meet the Form I-9 requirements.   

Have You Moved? 
As a condition of your parole, you must update your address with USCIS each time you move and within 10 days of moving. We strongly encourage you to change your address through your USCIS online account. This will help ensure you receive all correspondence and benefits from us in a timely manner and avoid possible delays.  
​
Frequently Asked Questions 
What do I need to know to complete the Form I-131 for re-parole? 
 On the online form, this will be the first question under the first section, called “Basis of Eligibility.” In the same section you must also select “yes” to the question, “Are you applying for re-parole?” 
  
On the paper form, this option is located in part 2, item 1.e. You also must write “Ukraine Re-Parole” at the top of the form if you file on paper and mail your form to the designated filing location. 
  
For detailed instructions on how to apply for re-parole under this process, visit the Re-Parole Process for Certain Ukrainians webpage. 
 

How much does it cost to apply for re-parole? 
The current Form I-131 filing fee is $575. There is no cost for biometric services. If you want to request a fee waiver, you must file Form I-131 on paper. You cannot apply for re-parole online if you are submitting a fee waiver request.  
  
Note: Our fees will be changing on April 1, 2024. Before filing, you should always check for the most up-to-date filing fee by visiting the Form I-131 page. 
 

Do I need to apply for a new EAD to be able to continue working? 
Yes. If your application for re-parole is approved, you may file Form I-765 through your USCIS online account. Do not file your Form I-765 until after we approve your re-parole application. Eligible parolees whose Form I-765 is approved will receive an EAD that they can present to their employer for Form I-9, Employment Eligibility Verification.  
  
If you are approved for re-parole, you may be able to use your updated I-94 as an acceptable identity and work authorization document for a limited time while USCIS adjudicates your Form I-765, if you were paroled on or before Sept. 30, 2023.  Individuals who receive a Form I-131 approval notice showing a new period of parole should visit the U.S. Customs and Border Protection Form I-94 website to view and print a copy of their new Form I-94. If USCIS approves your re-parole application, the updated I-94 will show a “class of admission” of “UHP.” 
  
For parolees who are granted re-parole and whose new, unexpired Form I-94 includes a UHP class of admission and a “Most Recent Date of Entry” on or before Sept. 30, 2023, the Form I-94 is an acceptable List A receipt that shows their identity and employment authorization for Form I-9, Employment Eligibility Verification. This satisfies the Form I-9 requirement for 90 days from the date of hire (or in the case of reverification, the date employment authorization expires). 
 
After the 90-day period, parolees must present an unexpired EAD, or unrestricted Social Security card and acceptable List B identity document from the Form I-9 Lists of Acceptable Documents (such as a state-issued driver’s license or identification card). We recommend filing Form I-765 as soon as we approve your re-parole application. USCIS will provide additional guidance to employers about completion of the Form I-9. 
  

My first EAD is expiring soon. Will USCIS waive the filing fee for my second EAD? 
No. While USCIS did not initially require a filing fee for most of the parolees who are now eligible to apply for this process, you must submit Form I-765 for your second EAD, and include the current filing fee of $410. Before you file, check for the most up-to-date filing fee by visiting the Form I-765 page.  
  
If you want to request a fee waiver, you must file Form I-765 on paper. You cannot apply for an EAD online if you are submitting a fee waiver request. 
 

If I request a fee waiver, will it affect my application? 
 
No. Requesting a waiver of the Form I-765 fee does not affect the adjudication of your employment authorization. 
 

Do I need to file any other forms to apply for re-parole? 
No. You only need to file Form I-131 with the required supporting documents to apply for re-parole.  
 

How soon can I file for re-parole? 
 
It is important that you file your application for re-parole before the end of your initial parole period. If circumstances allow, USCIS recommends filing your application for re-parole no later than 60 days before the last day of your initial parole period. We will be prioritizing cases based on parole expiration dates. 
 

What if my initial parole expires while my re-parole application is pending?  After your initial parole expires, you no longer are in an authorized period of stay unless you have been granted an immigration status, such as asylum or TPS, or are otherwise in an authorized period of stay, such as if you have a pending asylum, TPS, or Green Card application. We encourage you to file your re-parole application as soon as possible. 


Action Items 

• Create your free USCIS online account today to apply for re-parole. By applying online, you can prevent common mistakes on your forms. If you already have an account, confirm that you have access to it. Through a USCIS online account, you can check the status of your case, access your notices from USCIS, communicate with us, and respond to requests for evidence. Even if you plan to apply for re-parole and for a new EAD by paper, you are still encouraged to create a USCIS online account to check on your case status and access USCIS notices. 
• Update your address through your USCIS online account or follow the information provided on our How to Change Your Address webpage if you are filing on paper. This will help to ensure you receive all correspondence and benefits in a timely manner. 
• Review and ensure completion of all attestation requirements through your USCIS online account, including:

• • An attestation that you have completed vaccine requirements or are eligible for an exception to vaccine requirements for measles, polio, and the first dose of an FDA-approved or -authorized COVID-19 vaccine or a WHO-Emergency use listed (EUL) COVID-19 vaccine. 
  • An attestation that you received a medical screening for tuberculosis, including an Interferon-Gamma Release Assay (IGRA) test, within 90 days. 

• Gather all required documents. 
• Timely apply for re-parole before your initial parole period ends.  
• Learn more about the benefits of filing online today. 

Important Resources 

• How to Create a USCIS Online Account in Ukrainian 
• How to Create a USCIS Online Account in Russian 
• Request technical support with your USCIS online account. 
• Learn more about re-parole for certain Ukrainian citizens and non-Ukrainian immediate family members at the Re-Parole Process for Certain Ukrainians webpage. 
• We may have the answer to your questions on our frequently asked questions page.  

Q: I came to the United States on Humanitarian Parole from Ukraine (or Venezuela, Haiti, etc). I didn't apply for a work permit yet, and I do not have an employment authorization yet. I need a SSN to apply for certain benefits. Can I apply for a SSN even though I don't have a work permit yet?

A: Yes, you can. 
​
Parolees from several countries  who have been granted humanitarian parole may be eligible to apply for a U.S. social security number. There are two potential methods.

(1) You can either apply directly to the Social Security Administration, or (2) you may apply for one when you file Form I-765 Application for an Employment Authorization Document (EAD).
A humanitarian parolee with only a Form I-94 or a parole stamp in their passport may only apply for a non-work Social Security number (SSN). If you are applying for benefits, your local welfare or social service agency should provide you with a referral letter to the Social Security Administration explaining that the agency needs your SSN in order to process your application for benefits. With this letter, the Social Security Administration will accept your application for an SSN.
To apply for a non-work SSN directly through the Social Security Administration, fill out the application for a Social Security Card and print the application. Bring it to your nearest Social Security Administration office, along with your passport, I-94, birth certificate, marriage certificate, and the referral letter from the welfare or social services agency. You may need to make an appointment in advance at the Social Security Administration. Prepare translations of any required documents in advance.
The link for the social security card application can be found at https://www.ssa.gov/forms/ss-5.pdf
You can look up the closest Social Security Administration office at https://secure.ssa.gov/ICON/main.jsp#officeResults
You may also apply for a social security number when you apply for your work permit, which can be provided to employers. When filling out your Form I-765 – Application for Employment Authorization Document (EAD), check boxes 14 and 15 to receive a Social Security Card. You may do this even if you previously received a non-work SSN. The information you provide on this form will then be sent to the Social Security Administration to issue you a social security card.

Once you receive your Social Security Card, please remember to sign it, and keep it in a safe place (it is not advisable to carry it on your person).

Here is a guidance from the SSA office: https://secure.ssa.gov/poms.nsf/lnx/0110211600

Here is an application for a work permit, which can be filed online at USCIS website: https://www.uscis.gov/i-765

Starting October 1, 2023, the U.S. Department of Homeland Security says it will implement expedited processing of some Employment Authorization Document (EAD) applications and begin issuing some EADs with longer validity times in an effort to help qualified immigrants gain access to work authorization more quickly.

U.S. Citizenship and Immigration Services (USCIS) will prioritize EAD applications filed by parolees who have scheduled an appointment through the CBP One mobile app in an effort to reduce the processing time for these applications from 90 days to 30 days.

USCIS will also reduce the EAD processing times for EADs based on CBP One parole as well as the Cuban, Haitian, Venezuelan, and Nicaraguan parole programs. The stated goal is to bring down processing times from 90 to 30 days.

In an effort to improve the application process overall, USCIS is increasing the maximum validity period of initial and renewal EADs to five (5) years for certain applicants, including refugees and asylees, asylum and green card applicants. This change will reduce the need for EAD renewal applications and streamline the EAD application and production process.

On July 7, 2023 the U.S. Department of Homeland Security announced the posting of Federal Register notices to implement family reunification parole (FRP) processes for Colombia, El Salvador, Guatemala, and Honduras. 
Family Reunification Parole Overview
FRP processes allow certain vetted beneficiaries of an approved Form I-130, Petition for Alien Relative, to be temporarily paroled into the United States on a case-by-case basis. These processes are part of comprehensive measures announced in April by DHS and the Department of State to further reduce dangerous, irregular, migration across the Western Hemisphere, expand lawful pathways, and facilitate safe, humane, processing of migrants.
U.S. citizen and lawful permanent resident petitioners with an approved Form I-130 who receive an invitation from the Department of State can file Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, to initiate the process for the principal beneficiary of the Form I-130, and their derivative family members, to be considered for advance authorization to travel and parole into the United States.
Additional information on updates to the FRP processes for Cuba and Haiti is coming soon.
What You Need to Know
Under these new processes, certain Form I-130 beneficiaries can be considered for parole on a discretionary, case-by-case, and temporary basis after demonstrating urgent humanitarian reasons or significant public benefit, as well as demonstrating that the beneficiary warrants a favorable exercise of discretion.
Beneficiaries under these processes will generally be paroled into the United States for up to three years and are eligible to apply for employment authorization for the duration of their parole period.
Certain U.S. citizen or lawful permanent resident petitioners with an approved Form I-130 must receive an invitation from the Department of State’s National Visa Center to participate in these processes before filing a Form I-134A on behalf of a beneficiary. Invitations have not yet been issued.
More Information
For additional information on FRP, please visit the Family Reunification Parole Processes webpage. We will update this page as more information becomes available.
For more information on the criteria for participating in the FRP processes, see the Federal Register notices for Colombia, El Salvador, Guatemala, and Honduras.

Недавно в 118 Конгресс США был предоставлен новый законопроект Ukrainian Adjustment - суть которого в предоставлении постоянного вида на жительство или грин карт для граждан Украины, приехавших в США после начала военных действий в 2022.

Пока не известны детали этого законопроекта, в частности - кто будет иметь право подать заявление на грин карту (что касается членов семьи, которые не являются гражданами Украины), какие условия, когда, как подавать, стоимость и т.п. И пока не известно, пройдет ли этот законопроект и станет ли он Законом

Текст самого законопроекта пока не был опубликован на сайте Конгресса.

Мы будем следить за новостями и опубликуем как только будут известны подробности.

Это информация с сайта Конгресса США:

Text: H.R.3911 — 118th Congress (2023-2024) All Information (Except Text)As of 06/16/2023 text has not been received for H.R.3911 - To provide for adjustment of status of nationals of Ukraine, and for other purposes.

Bills are generally sent to the Library of Congress from GPO, the Government Publishing Office, a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
https://www.congress.gov/bill/118th-congress/house-bill/3911/text
​

​Afghan Nationals Can Now Apply for Fee-Exempt Re-Parole and Employment Authorization Documents Through a New Streamlined Process Online or By Mail Effective June 9, 2023.

Beginning June 8, 2023, Afghan nationals paroled into the United States on or after July 31, 2021, with an “OAR” or “PAR” class of admission can now apply for an additional two-year period of parole, or re-parole, and for an Employment Authorization Document (EAD) (or EAD renewal) without paying a fee. The new streamlined and fee-exempted application process is available only to self-filers through the USCIS online account or by filing a paper application.
What You Need to Know
What form should I use to file for re-parole under this streamlined fee-exempt process?
File Form I-131, Application for Travel Document, either online or on paper and indicate that you are filing on behalf of yourself (Part 2, Item 1.e. on the paper form). If you are filing on paper, use Form I-131 with an edition date of 06/06/23 or 10/31/22. (Note that after 08/08/2023, you may only file the 06/06/23 edition of Form I-131.)
For detailed instructions on how to file, visit the Re-Parole Process for Certain Afghans webpage. We have also developed an informational video on how to file for re-parole through the USCIS online account.

How much is the filing fee for re-parole under this process?
There is no filing fee under this process available to self-filing Afghan nationals paroled from June 9, 2023, through July 31, 2024.

Can I request an EAD at the same time I apply for re-parole?
Yes, if you are self-filing (Item 1.e. in Part 2).

Do I need to file a separate Form I-765, Application for Employment Authorization, to request an EAD?
No. If you are self-filing, you can request an EAD on Form I-131 without a filing fee.

Do I need to file any other forms to apply for re-parole?
No. If you are self-filing, you only need to file Form I-131 to apply for re-parole. We have revised Form I-131 so you do not need to file a separate Form I-765.

What if I already submitted (or someone submitted on my behalf) a Form I-131 to request re-parole?
You may submit a new request using the streamlined process announced in this message to receive the fee exemption and concurrent EAD processing. If you submit a new request under this streamlined process, you may withdraw your pending request by emailing [email protected]. Please include your receipt number that begins with “IOE” and put “Afghan Re-Parole” in the subject line of your message.
If you choose not to withdraw your previous request, your pre-June filing for re-parole may take longer to process, and you will need to submit a separate Form I-765 to request a new EAD only after we first approve your Form I-131.

What if I have submitted an asylum application or an application to adjust my status to that of a lawful permanent resident?
Afghan parolees who apply for asylum or for adjustment to lawful permanent resident status (such as adjustment of status as a special immigrant) before the expiration of their initial parole period do not need to apply for re-parole under this streamlined process. DHS will consider, on a case-by-case basis, providing an extension of your original parole period based on your pending asylum or adjustment of status application. If approved, we will also extend your original employment authorization and send a Form I-797C, Notice of Additional Action, to your last address of record with USCIS. If you want an actual updated EAD card, you may file Form I-765, using category c(11), which will be fee-exempted and processed as part of this streamlined re-parole application process. 

What Documents Do I Need to Apply?
You must submit at least one government-issued identity document that shows your photo, name, and date of birth. Examples of acceptable documents include:

• A copy of both sides of a Form I-766, Employment Authorization Document, from USCIS or a driver’s license from the state government where you are living.
• A copy of your passport, including the biographical page and visas issued from any country.
• A copy of both sides of your Tazkira.

If you do not have any government-issued identity document, either because you lost your document or never received one, list your father’s and mother’s first names and explain why you cannot provide a Tazkira.
If you submit any document containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate, with certification from the translator that they are competent to translate from the foreign language into English.

Consider Applying Online
By applying for re-parole through a USCIS online account, you can prevent common mistakes such as a missing signature, missing pages, or an incomplete application. These issues may be why we reject some applications filed on paper. Through a USCIS online account, you can check the status of your case, access notices sent by USCIS, communicate with USCIS, update your address, and respond to Requests for Evidence.
We have resources in Dari and Pashto to guide you through the steps to set up your free online account.

• How to Create an Online Account video, flyer, webpage in Dari.
• How to Create an Online Account video, flyer, webpage in Pashto.
• We have also posted helpful materials from our national engagements on re-parole in the Electronic Reading Room on our website.

If you need technical support with your new account or an existing account, please visit my.uscis.gov/account/v1/needhelp.
Top 3 Questions
Q1: How can I check if I have an OAR or PAR class of admission to apply for re-parole through the new fee-exempt application process?
A1: If you received Form I-94, Arrival/Departure Record, when you were paroled into the United States, visit the U.S. Customs and Border Protection (CBP) Form I-94 website to view and print a copy of your Form I-94, which will show your class of admission. CBP has instructions on how to look up your current I-94 in Dari and Pashto.
If you are an Afghan national paroled into the United States on or after July 31, 2021, and you did not receive an “OAR” or “PAR” class of admission on your Form I-94, please email CBP at [email protected] to update your class of admission, if appropriate, before submitting your re-parole request.
Q2: I have a pending application for asylum. Can I still apply for re-parole?
A2:  Afghan parolees who apply for asylum or for adjustment to lawful permanent resident status (such as adjustment of status as a special immigrant) before their initial parole period expires do not need to apply for re-parole under this streamlined process. In recognition of the continued urgent humanitarian reasons and significant public benefit underlying your original parole grant and the time necessary for you to accomplish the purpose of your parole and regularize your immigration status, DHS plans to consider you on a case-by-case basis for an extension of your original parole period. If approved, we will extend your original employment authorization and send a Form I-797C, Notice of Additional Action, to your last address of record with USCIS. If you want an updated EAD card, although your I-797C will already serve as employment authorization, you may file Form I-765 using category c(11), which will be fee-exempted and processed as part of this streamlined re-parole application process.
Q3: I filed Form I-765 before the new streamlined application process was ready. Do I still need to apply for re-parole?
A3: Yes. Form I-765 only assesses your eligibility for an EAD and does not grant you re-parole. You must file Form I-131 under this streamlined application process to request re-parole. Please note that after your initial parole expires, you no longer have authorization to be present in the United States unless you have been granted re-parole or another status such as asylum or Temporary Protected Status. Individuals with pending asylum applications or applications to adjust their status to lawful permanent residence may remain in the United States until their case is adjudicated and they receive their decision.


​Effective June 9, 2023, through July 31, 2024, the Department of Homeland Security (DHS) will consider, on a case-by-case basis for urgent humanitarian reasons or significant public benefit, a two-year extension of the original parole period for Afghan parolees who have already applied for asylum or for adjustment to lawful permanent resident (LPR) status (such as adjustment of status as a special immigrant). This is in recognition of the continued urgent humanitarian reasons and significant public benefit underlying the original parole grant and the time necessary for Afghan parolees to accomplish the purpose of their parole and regularize their immigration status. These Afghan parolees who have already applied for asylum or LPR status do not need to apply for re-parole.  If approved, USCIS will extend their original employment authorization and send a Form I-797C, Notice of Additional Action, to their last address of record with USCIS.   
If these Afghan parolees require an updated Employment Authorization Document (EAD) in addition to the Form I-797C, they may file a fee-exempt Form I-765, Application for Employment Authorization, with USCIS under category c(11).  
We understand the need for re-parole to provide continuity in lawful presence and the ability to work and support one’s family while pursuing a more permanent immigration status. For this reason, certain Afghan parolees in the United States who have not yet filed for any immigration benefit, or who have applied for a temporary benefit such as Temporary Protected Status, may now apply for re-parole and employment authorization through a new streamlined and fee-exempted application process that is available online and on paper.  USCIS will exempt application fees for these applicants for re-parole by using Form I-131, Application for Travel Document. These applicants who self-file for re-parole will also be able to request an EAD using the same Form I-131.  
USCIS will accept and consider, on a case-by-case basis for urgent humanitarian reasons or significant public benefit, re-parole requests under section 212(d)(5) of the Immigration and Nationality Act from certain noncitizen Afghans paroled into the United States. Afghan nationals who were paroled into the United States from July 31, 2021, through June 8, 2023, and have an “OAR” or “PAR” class of admission on their Form I-94, Arrival/Departure Record, are eligible for the fee exemption from June 8, 2023, through July 31, 2024. This reflects the DHS’s commitment to providing Afghan nationals with a streamlined process to request re-parole and an EAD. 
The process to request fee-exempt re-parole for certain Afghan nationals will be available both online and via paper filing. A new Re-Parole Process for Certain Afghans webpage will provide information on the process and step-by-step instructions on how to apply for re-parole. 

• To apply for fee-exempt re-parole and an EAD on the 06/06/23 edition of Form I-131, the applicant must: 
  • Select “I am outside of the United States, and I am applying for Advance Parole Document” on the paper application in Part 2, Item 1.e.; 
  • Mark “Y” for the question, “Are you applying for re-parole?”; and 
  • Mark “Y” in Part 8 for the question, “I am requesting an Employment Authorization Document (EAD) upon approval of my new Operation Allies Welcome (OAW) period of parole” to request a fee-exempt EAD. 
• Do not submit a separate Form I-765 with your Form I-131. If you submit Form I-765 with your request for re-parole, we may reject your application or take longer to process it. 
• Applicants filing by paper and using the 10/31/22 edition of Form I-131 before Aug. 8, 2023, should write “OAW EAD” on the top of the form, regardless of whether they have a PAR or OAR class of admission.   

If your initial EAD is expiring, you must indicate you would like to renew your EAD when filing Form I-131 through this new streamlined process.  
If you are an Afghan national and applied for re-parole through Form I-131 before June 8, 2023, when this new streamlined application process was not yet available, you may submit a new request using the process announced in this message to receive the fee exemption and concurrent EAD processing. Please see the Afghan Nationals Re-Parole FAQs webpage for more information on the options available to you. 

​The U.S. government is granting advance travel authorization for up to 30,000 noncitizens each month to come to the United States to seek parole on a case-by-case basis under the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. Due to high interest in these processes, USCIS is updating the review process effective May 17, 2023.
We are updating the review process because the number of supporters who have submitted Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, is significantly higher than the 30,000 monthly travel authorizations available. It is intended to maintain a meaningful and equitable opportunity for all beneficiaries of a Form I-134A to move forward through the process and seek advance travel authorization.
Under the new review process that went into effect on May 17, USCIS will randomly select about half of the monthly total, regardless of filing date, from the entire pending workload of Form I-134A to determine whether the case can be confirmed.
We will review the other half of the monthly total of Forms I-134A based on when the case was submitted under the first-in, first-out method, which prioritizes the oldest Forms I-134A for review.
Potential supporters should not submit a duplicate Form I-134A for the same beneficiary. We will not accept a duplicate Form I-134A if a previously submitted Form I-134A between the same potential supporter and beneficiary is pending. If we do not confirm a Form I-134A, but a supporter believes they meet the requirements to be a supporter under the process, they may file a new Form I-134A and submit additional information as evidence.
Under this updated review process, processing times will vary. Potential supporters may monitor the status of a Form I-134A they filed in their USCIS online account or check the most recent status in Case Status Online. The USCIS Contact Center cannot provide any additional information about the status of your case.

Extension for Certain Ukrainians Paroled into the United States.

Certain Ukrainian nationals and immediate family members were paroled into the United States last year, on a case-by-case basis for urgent humanitarian reasons, during an approximate eight-week period after Russia’s unprovoked invasion of Ukraine and before the Uniting for Ukraine process was available. Such individuals were generally paroled for a period of one year, while participants in Uniting for Ukrainereceived a two-year period of parole.

With hostilities in Ukraine entering their second year, DHS assesses that there remain urgent humanitarian reasons, as well as a significant public benefit, for extending the parole of certain Ukrainians who arrived prior to Uniting for Ukraine. DHS will consider Ukrainian nationals and immediate family members who were paroled, on a case-by-case basis, before Uniting for Ukraine for an extension of the parole period and employment authorization, if applicable.

Specifically, individuals paroled into the United States at a port of entry between February 24, 2022 and April 25, 2022 will be considered for an extension. DHS is in the process of considering these individuals, on a case-by-case basis, for a one-year extension of their period of parole to align with the two-year parole period provided under Uniting for Ukraine. DHS estimates it will take approximately four weeks to consider and vet all the individuals in the group and will review cases based on the date of parole.

If an individual’s parole period is extended, DHS will proactively make available online an updated Form I-94 with the extended parole period. The period of parole will be extended from the current expiration date without a gap. Individuals can retrieve and download an updated Form I-94 as evidence of their extended parole period by visiting CBP’s Form I-94 website.

Those who have their period of parole extended will also be eligible to receive employment authorization for the additional year. Individuals who have Employment Authorization Documents (EADs) based on their parole and whose parole period is extended for an additional year will receive a Form I-797C from USCIS that can be used to demonstrate continued employment authorization through the extended parole period.  The Form I-797C will be mailed to the address on file with USCIS.  If you need to change your address, please change your address online through your existing USCIS online account or using the Form AR-11, Alien’s Change of Address Card, online using the Change of Addresspage.

• If you are part of this group but do not see an updated Form I-94 online by early April 2023, please submit an inquiry to Ask Us a Question (cbp.gov)
  • Please select Topic: Traveler Compliance then the subtopic: Ukrainians Paroled U.S. - Russia Invasion
• If you are part of this group and hold a valid EAD based on your parole but do not receive Form I-797C by the end of April, please reach out to [email protected].
• If you do not currently have an EAD but would like to apply for one based on your parole, you may file a Form I-765, Application for Employment Authorization, with USCIS. Ukrainian parolees are exempt from fees for first time applicants.

Ukrainian parolees may pursue multiple immigration pathways at the same time and this process does not impact other benefit requests including those who have applied for Temporary Protected Status (TPS), been granted TPS, or applied for asylum.

However, parole will terminate automatically upon departure from the United States. Individuals with parole who plan to depart the United States and wish to return must first apply for advance parole in order to be considered for reentry into the United States.


https://www.dhs.gov/ukraine?mibextid=Zxz2cZ


Briefly in Russian:

​Продление пароля на один год относится только к тем украинцам, которыео въехали в США в феврале, марте и по 25 апреля 2022 года через Мексиканскую границу и получил гуманитарный пароль на один год. Это не относится к тем, кто приехал после 25 апреля по программе Uniting for Ukraine.

Пароль должен быть автоматически продлен еще на один год. Вам ничего не нужно делать. Только  проверять форму i-94 на сайте CBP,

CBP опубликует новые форма 94 с новыми датами. 

Дополнительно до конца апреля 2023 вам придет по почте письмо продляющее разрешение на работу на один год с даты истечения старого (то есть у вас не будет перерыва). Письмо придет по вашему почтовому адресу, который был указан в заявлении на разрешение на работу I-765.. Если вы переехали, срочно подайте форму AR-11 online и сделайте это правильно.

Остальных граждан Украины это не касается - тех кто приехал по туристическим и другим визам, и тех кто посил ПУ   политическое убежище после 25 апреля 2022 на границе с Мексикой, или тех у кого парольт на два года по прошрамме U4U..​

Если вы не получили продление к концу апреля, обратитесь с вопросом по адресу [email protected].

А если не пришло продление разрешения на работу – по адресу [email protected].

Если у вас нет разрешения на работу, вы можете его подать I-765 в USCIS. Украинцы по гуманитарному паролю не платят за первое заявление.

Пока не совмесм понятно будут ли продлевать пароль тем, кто уже подался на TPS или получил TPS.

По закону украинцы могут использовать несколько путей иммиграции одновременно, и это не влияет на то, подали ли вы на получение временной защиты (TPS), получили статус TPS или подали прошение о предоставлении убежища.

Запись на консультацию с адвокатом по адресу.


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​

​Avoid Scams – Uniting for Ukraine and Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

Uniting for Ukraine and the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, provide pathways for nationals of these countries and their immediate family members to come to the United States and stay temporarily in a 2-year period of parole.

USCIS is asking potential supporters and beneficiaries of these parole processes to be cautious of scams and rumors. There has been an increase in scams and predatory behavior targeting individuals from these countries who may be considered for parole under these processes. Scammers and other bad actors exploit their victims by creating uncertainty and misinformation. Find more information on scams and legal services on the USCIS Avoid Scams webpage.
​
Some common scams and misleading offers to be aware of include:

• Government impersonators: Look out for scammers posing as USCIS officials. USCIS will only contact you through official government channels and will not contact you through your personal social media accounts (such as Facebook, Twitter, LinkedIn, etc.).
• Misleading offers of support: Look out for individuals who attempt to contact you online or through your social media accounts to offer to be your supporter or connect you to a supporter in exchange for a fee or your biographic information, such as your passport number or date of birth. Supporters should be able to provide financial support to beneficiaries for up to a 2-year period of parole. Beneficiaries are not obligated to repay, reimburse, work for, serve, marry, or otherwise compensate their supporter in exchange for the potential supporter submitting Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on their behalf or for providing financial support while they are in the United States. Find more information on potential exploitation and abuse in the Understand Your Rights guide.
• Scam websites: Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application, petition, or request. Make sure your information is from uscis.gov, dhs.gov, or is affiliated with uscis.gov. Make sure the website address ends with .gov.
• Payments by phone or email: USCIS will never ask you to transfer money to an individual. We do not accept Western Union, MoneyGram, PayPal, or gift cards as payment for immigration fees. In addition, we will never ask you to pay fees to a person on the phone or by email.
• Notarios Públicos and unauthorized practitioners of immigration law: In the United States, a notario público is not authorized to provide you with any legal services related to immigration benefits.
  
  ​Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice. 

To schedule an appointment with an attorney, please email us.

Generally, being a dual national (having two or more citizenships, one of which in a TPS-designated country) does not prohibit an applicant from applying for TPS.

However, a dual national applicant should very carefully consider his or her "operative nationality" and "firm resettlement" issues before applying for TPS.

It is advisable to consult an attorney before applying.

Operative Nationality

Although US law recognizes dual nationality, a person may claim only one nationality at a time for immigration matters within the United States. This singular “operative nationality” becomes the crucial first test in assessing whether the dual national may qualify for TPS.

USCIS generally looks at how the applicant entered the US in order to determine operative nationality. For example, what passport they used to travel to the United States, and when applying for extension or change of status, how did they identify their nationality on forms and applications?

If you entered with a passport from a TPS-designated country and that country is shown on the I-94, it’s safe to say you have met the operative nationality test. If so, move to the next analysis.
 
Firm Resettlement

Even if the dual national passes the operative nationality test, the USCIS officer may still challenge by issuing a request for additional evidence (RFE) and assess whether the dual national may have firmly resettled in another country.

The law state that a noncitizen is “considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in that country, received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement”.

Under the firm resettlement analysis, simply having a passport from the non-TPS country without living in that non-TPS-country should not give rise to a firm resettlement finding. However, ask an advise from an attorney before applying.
Even if the dual national did enter the non-TPS-country, the applicant may still establish that they are not subject to the firm settlement bar by showing that there were no significant ties or there were restrictive conditions in the non-TPS-country.

USCIS explained these factors in a March 29, 2021 Questions and Answers on “Designation of Syria for Temporary Protected Status,” by stating the following:
"TPS applicants may submit evidence regarding when and how they obtained their non-TPS citizenship, the nature of their family and other ties to the non-TPS country, whether they have lived in the other country, when and how long they lived in that country, dates of visits to the non-TPS country of citizenship, and any other information that the applicant believes may be relevant to the firm resettlement issue. ".

More information on TPS is here.

Eligibility Requirements

To be eligible for TPS, you must:

• Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
• File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation (Late initial filers see ‘Filing Late’ section below);
• Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
• Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS web page to the left). The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.

You may NOT be eligible for TPS or to maintain your existing TPS if you:

• Have been convicted of any felony or two or more misdemeanors committed in the United States;
• Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
• Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
• Fail to meet the continuous physical presence and continuous residence in the United States requirements;
• Fail to meet initial or late initial TPS registration requirements; or
• If granted TPS, you fail to re-register for TPS, as required, without good cause.

Briefly in Russian:

Нередко человек, подающий на TPS, имеет два или более гражданства.

В каких ситуациях USCIS утверждает TPS таким лицам с двойным гражданством, у которых потенциально есть безопасная страна?

1) Вначале проводится анализ по какому паспорту человек въехал в США, какое гражданство было заявлено при въезде.

2) Если это гражданство страны, где TPS статус был объявлен, то второй элемент теста - проживал ли человек в безопасной стране своего второго гражданства, какая связь с этой страной? 

Нередки случаи, коглда именно по этому пункту USCIS присылает RFE или запрос на дополнительные документы, и отказы по этому сонованию также бывают.

Если вы сомневаетесь, лучше проконсультироваться с адвокатом перед подачей заявления на TPS.

On January 5, 2023, in addition to Ukraine and Venezuela, the Department of Homeland Security (DHS) announced a similar program for qualifying citizens of Cuba, Haiti, and Nicaragua to apply for a parole.

They have to have a U.S.-based supporter, get approved for travel authorization, and travel to the USA by air.

Individuals arriving under this new process may also apply for work authorization.

DHS also announced elimination of the numerical cap for a similar process for Venezuelans announced earlier this year.

This process will provide a way for qualifying nationals of Cuba, Haiti, and Nicaragua who are outside the United States and lacking U.S. entry documents to come to the United States. Through a fully online process, individuals can be considered, on a case-by-case basis, for advance authorization to travel to the United States and seek a temporary period of parole for up to two years, provided that they:

Have a supporter in the United States who will provide financial and other support;
Undergo and clear robust security vetting;
Meet other eligibility criteria; and
Warrant a favorable exercise of discretion.
DHS will begin implementing these new processes for Cubans, Haitians, and Nicaraguans on Jan. 6, 2023. For additional information on the process and eligibility requirements, please see the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans page.

*** Starting Jan. 6, 2023, you must submit Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, if you are a potential supporter of a:

Ukrainian or their immediate family member as part of Uniting for Ukraine; or
Cuban, Haitian, Nicaraguan, or Venezuelan or their immediate family member as part of the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans.
You should not file Form I-134, Declaration of Financial Support, if you are a potential supporter of an individual under Uniting for Ukraine or the Process for Cubans, Haitians, Nicaraguans, and Venezuelans.

If you submitted Form I-134 online before Jan. 6, 2023, under Uniting for Ukraine or the Process for Venezuelans, your case will continue to process and no further action is required. You should not submit a Form I-134A.

Access to these processes is free. Neither the U.S. supporter nor the beneficiary is required to pay the U.S. government a fee.

https://www.uscis.gov/CHNV

Congress has recently passed laws relating to certain Afghan and Ukrainian parolees that have included language providing that parolees covered by the legislation “…shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)....”

Under DHS regulations, refugees are authorized employment incident to status, and under current USCIS policy and practice, refugees are not charged a fee by USCIS for their initial Form I-765, Employment Authorization Document (EAD). Parolees, however, are not employment authorized incident to status, and must pay a fee (currently $410) for their EAD, unless the fee is waived or exempted.
To implement the statutory language “other benefits available to refugees” in the context of section 2502(b), P.L. No. 117-43 (Afghan parolees) and section 401 of Public Law 117-128 (Ukrainian parolees), USCIS is providing the benefits of employment authorization incident to status normally accorded to refugees and a no-fee initial (and replacement of an initial) EAD to Afghan and Ukrainian parolees so that they receive the same treatment as refugees.
Effective Nov. 21, 2022, Ukrainian and Afghan parolees, and their qualifying family members, with certain classes of admission are considered employment authorized incident to parole, which means that they do not need to wait for USCIS to approve their Form I-765, Application for Employment Authorization, before they can work in the United States.

This updated policy guidance applies to the following individuals, if their parole has not been terminated:

• Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of “OAR.” If you are an Afghan parolee covered under section 2502(b), P.L. No. 117-43 who did not receive an “OAR” class of admission on your Form I-94, please email U.S. Customs and Border Protection at [email protected] to update your class of admission, if appropriate;
• Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “UHP”; and
• Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “DT” issued between Feb. 24, 2022, and Sept. 30, 2023, and indicates Ukraine as the country of citizenship on the document.

For these parolees, their unexpired Form I-94 is an acceptable receipt they may present to their employer to show their identity and employment authorization for for the purposes of Form I-9, Employment Eligibility Verification. The receipt satisfies the Form I-9 requirement for 90 days from the date of hire (or in the case of reverification, the date employment authorization expires). Individuals who received a Form I-94 when they entered the United States should visit U.S. Customs and Border Protection’s Form I-94 page to view and print a copy of their Form I-94. If you do not have a passport, you can use your A-Number to retrieve your Form I-94 online at the site above by choosing “Get Most Recent I-94.” Enter your A-Number in the Document Number field and enter your country of citizenship or “USA” in the Country of Citizenship field.
​
After the 90-day period, parolees must present an EAD or unrestricted Social Security card and acceptable List B identity document from the Form I-9 Lists of Acceptable Documents (such as a state-issued driver’s license or identification card). Ukrainian and Afghan parolees must still file a Form I-765 to receive a physical EAD. USCIS will provide additional guidance for employers about completion of Form I-9, Employment Eligibility Verification.

Effective Nov. 21, 2022, USCIS is also exempting the fee to file Form I-765 for Ukrainian parolees filing for the first form I-765, application for an EAD by mail. Afghan parolees under OAW are already exempt from the fee for an initial paper-filed Form I-765 (and a replacement EAD) through Sept. 30, 2023.

Effective Dec. 5, 2022, USCIS will be able to process fee exemptions for online filings of Form I-765 for eligible Ukrainian and Afghan parolees. We encourage use of online filing for more efficient processing.
See Uniting for Ukraine and Information for Afghan Nationals pages for more information about submitting Form I-765. See File Online page for more information about creating an account and filing online.

Briefly in Russian:

Если вы приехали в США по программе Uniting for Ukraine из Украины, с 21 ноября 2022 вы имеете право работать в США первые 90 дней без предварительного получения разрешения на работу, если на вашей карточке I-94 Admission Record о въезде в США стоит статус UHP или DT. 

Вы можете также подавать заявление на получение карточки соцстрахования на основании этой формы I-94 и штампа пароль в паспорте.

Чтобы получить саму карточку разрешение на работу, нужно подать заявление Form I-765 или по почте или онлайн в USCIS. C 21 ноября 2022 подача первого заявления I-765 по почте стала бесплатной для укаринских беженцев по программе U4U. С 5 декабря ожидается что подача первого I-765 также станет бесплатной онлайн (пока онлайн требует оплату). Эти новый изменения произошли из-за того, что Конгресс США приравнял статус пароль из Украины и Афганистана к статусу беженца.

On Oct. 12, 2022, the United States announced a new process that allows Venezuelan nationals and their immediate family members to come to the United States. This provides a safe and orderly way for nationals of Venezuela who are outside the United States and lack U.S. entry documents to be considered, on a case-by-case basis, for advance authorization to travel and a temporary period of parole for up to 2 years for urgent humanitarian reasons and significant public benefit.

To participate in this process, Venezuelan nationals must:
Have a supporter in the United States;
Undergo and clear robust security vetting;
Meet other eligibility criteria; and
Warrant a favorable exercise of discretion.

Individuals participating in the process must have a supporter in the United States who agrees to provide them with financial support for the duration of their parole in the United States.

The first step in the process is for the U.S.-based supporter to file a Form I-134, Declaration of Financial Support, with USCIS for each Venezuelan national or immediate family member they seek to support, including minor children. The U.S. government will then vet the supporter to ensure that they are able to financially support the Venezuelan nationals they are agreeing to support.

Once in the USA, a Venezuelan national can apply for a Work Permit and a SSN.

Eligibility:
​
Supporter:
Examples of individuals who meet the supporter requirement include:

• U.S. citizens and nationals;
• Lawful permanent residents, lawful temporary residents, and conditional permanent residents;
• Nonimmigrants in lawful status (who maintain their nonimmigrant status and have not violated any of the terms or conditions of their nonimmigrant status);
• Asylees, refugees, and parolees;
• Temporary Protected Status (TPS) holders; and
• Beneficiaries of deferred action (including deferred action for childhood arrivals) or DED.

Venezuela national:
A Venezuelan national (or their immediate family member) who is outside the United States and who may be considered for parole under this process.
Immediate family members in this process include:

• The spouse or common-law partner of a national of Venezuela; and
• Their unmarried child(ren) 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.

https://www.uscis.gov/venezuela

To schedule a consultation, please email or use our webform to schedule.