Eligible Ukrainians can now apply for Re-parole for up to 2 years!

Certain Ukrainian citizens who are physically present in the United States can now be considered for re-parole so they can continue to temporarily remain in the United States beginning Feb. 27, 2024. This applies to those Ukrainians and their family members who entered the U.S. on parole after February 11, 2022. Applications for re-parole will be evaluated individually, focusing on urgent humanitarian needs.

Humanitarian parole allows a person to temporarily live in the U.S. without fear of deportation. However, it is important to understand that humanitarian parole does not give a person an immigration status. Since humanitarian parole is not a legal status, a person who is in the U.S. on humanitarian parole will either need to reapply for another term of parole before their current term expires, select a different legal status for which to apply, or leave the U.S.

Following Russia's invasion of Ukraine in 2022, the Secretary of Homeland Security utilized discretionary authority to permit certain Ukrainians to seek temporary parole in the United States, coupled with the opportunity to apply for work authorization. After the program led to fewer Ukrainians showing up at the border, the Biden administration created similar humanitarian programs for Venezuelans, Cubans, Haitians and Nicaraguans, based on political, social and economic crises in each country. Border apprehensions of migrants from Haiti, Cuba and Nicaragua then plunged once people from those countries could enter the United States through parole, which administration officials have touted as a measure of the program’s success. While USCIS has yet to announce re-parole for this countries, advocates believe that they will be making an announcement soon.

USCIS Announces for Re-parole to Ukrainians

In February 27, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that certain Ukrainian citizens and their immediate family members who were paroled into the United States may now begin applying for re-parole, either online or by mail. USCIS will consider these applications on a discretionary, case-by-case basis for urgent humanitarian reasons or significant public benefit. If USCIS approves the application, a new period of humanitarian parole (also known as “re-parole”) will be granted for up to 2 years after the expiration of the initial parole period. “We are relieved that the U.S. government has opened re-parole to Ukrainians,” USCRI President and CEO Eskinder Negash said. “Ukrainians displaced by this horrible war deserve continued protection.”

USCIS advises eligible individuals to use the online platform for submitting the Form I-131 for re-parole, alongside the necessary documentation and fees. This method is highlighted as more efficient and less prone to the errors often associated with paper submissions, which can delay the process.

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

1.     That you are a Ukrainian citizen or their immediate family member who was paroled into the United States on or after Feb. 11, 2022;

2.     There are 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;

3.     That you warrant a favorable exercise of discretion;

4.     Applicant is physically present in the United States as a parolee;

5.     Complied with the conditions of the initial parole; and

6.     Clear biographic and biometric background checks.

Following the approval of their re-parole, Ukrainian nationals may proceed to apply for a new Employment Authorization Document (EAD) by submitting Form I-765. This is an important step for those wishing to secure lawful employment in the U.S. during their extended stay. It is crucial, however, to wait for re-parole approval before applying to avoid the risk of application denial and the forfeiture of application fees.

What Is the Process to Apply for Re-Parole?

To apply for re-parole online under this process, you must submit the following in your USCIS account:

·      Form I-131, Application for Travel Document (completed and signed);

·      Select the option “I am outside the United States, and I am applying for an Advance Parole Document,” even though you are inside the United States and are applying for re-parole;

·      Select “Yes” to the question about applying for re-parole; and

·      If you are helping a minor file for re-parole, list the minor as the applicant; and

·      Include the required documentation and filing fee with your application.

To apply for re-parole by mail using a printed application, you must submit the following:

·      Form I-131, Application for Travel Document (completed and signed);

·      Select item 1.e. in Part 2 to indicate that “I am outside of the United States, and I am applying for Advance Parole Document,” even though you are inside the United States and are applying for re-parole; and

·      Handwrite “Ukraine RE-PAROLE” at the top of the form; and

·      Submit required documentation and filing fee (or fee waiver request) with your application.

We provide individuals, families, and employers with the legal representation they need to navigate the process of a complex Immigration. For more information on how we can assist you, please visit our website at www.elizeelawfirm.com or email us at intro@elizeelawfirm.com.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-884