How can Ukrainians with U4U and TPS status stay in the United States?

Ukrainians arriving in the U.S. under the U4U (Uniting for Ukraine) and TPS (Temporary Protected Status) programs face an important task – finding reliable ways to legalize and remain in the country lawfully. This article discusses key points to consider for successful legalization, from maintaining status and obtaining work permits to applying for a green card and expectations in light of the upcoming U.S. elections.

What is important for Ukrainians for legalization in the USA?

For Ukrainians in the United States under the U4U or TPS programs, a key factor for legalization is compliance with immigration status and having a valid work permit. This is especially important for those planning to apply for a green card through employment-based categories (EB). It is important to remember that the responsibility for monitoring one’s status lies with the applicant. One should not rely on attorneys, employers, or close individuals for document extensions.

Working without authorization is considered a serious violation that can significantly complicate future legalization. For example, when applying for a green card under the EB2 or EB1 category, if the applicant has violated status or worked without authorization, this may be grounds for denial of the application. It is also important to remember that work authorization is not automatically extended when changing immigration status, and if the applicant’s authorization is expiring, they must apply for its renewal.

What to do if document processing is delayed?

Many Ukrainians who have applied for TPS or work authorization may face a lengthy document processing time. In such cases, it is important to know that there is an option to request expedited processing of the application. This may be relevant in cases where there are urgent circumstances requiring quick receipt of work authorization or Advance Parole (permission to leave the country and return without losing status).

An expedite request can be submitted if there are urgent reasons, such as health issues of close relatives or the need for urgent travel for other compelling reasons. However, it is important to understand that simply submitting requests without justification will not yield the desired results – immigration services will only consider requests that are documented.

Main ways of legalization: which categories should be considered?

For Ukrainians in the U.S., there are several main paths to obtaining legal status and a green card. The primary categories for obtaining a green card are the EB2 and EB1 categories.

What should people without higher education and with a regular profession do?

People without higher education and professional achievements can also find ways to legalize. One viable option is employer sponsorship. In this case, a Ukrainian needs to find an employer who agrees to file an application for them to obtain a green card. The sponsorship process can take a long time, but it remains one of the most effective options for those without higher education or significant professional achievements.

What to expect for Ukrainians after the U.S. elections?

As the U.S. elections approach, many Ukrainians are concerned about how the political situation might affect their immigration status. It is important to understand that no drastic changes in legal immigration are expected after the elections. The EB1 and EB2 categories are likely to remain, although additional bureaucratic barriers for their approval may arise.

At the same time, the U4U and TPS programs are likely to be extended, although their future depends on the political climate. However, the current political situation should not prevent Ukrainians from applying for legalization, monitoring the status of their documents, and renewing them in a timely manner.

Is it possible to apply for multiple cases at once?

Yes, it is possible to apply for multiple immigration categories simultaneously. For example, one can apply for both EB2 and EB1 at the same time. This increases the chances of success, as if one category is not approved, the other may be successful. Of course, this process will be more costly in terms of time and money, but it provides additional opportunities for obtaining legal status.

What should Ukrainians who arrived in the United States a long time ago do?

Ukrainians who have been in the U.S. for several years, for example, under refugee status, can also take advantage of TPS and other categories for legalization, such as EB1, EB2, or EB3. It is important to review their situation with an attorney to understand how best to utilize available opportunities.

For those who applied for refugee status several years ago and have not received a response, TPS can be a good alternative for obtaining legal status.

Is it necessary to leave to obtain a green card?

The question of whether it is necessary to leave the U.S. to obtain a green card depends on the specific immigration case. According to the law, some categories of applicants can change their status within the country, but practice may vary depending on how the officer interprets the law. In such situations, it is best to consult with an attorney to minimize risks and make the right decision.

When to apply for re-parole?

If your re-parole is expiring, you must apply for its extension 80-90 days before the current term expires. This will allow immigration services to timely review your application and avoid issues with immigration status. It is important to remember that work authorization can only be extended after the re-parole extension application is approved, so it is advisable to plan the application process in advance to avoid being without valid work authorization.

Legalization in the U.S. for Ukrainians under the U4U and TPS programs requires careful attention to status and documents. It is necessary to monitor work permits, renew them on time, and use available immigration categories to obtain a green card. It is important to be informed about one’s rights and opportunities to successfully navigate the legalization process.