What is Uniting for Ukraine Program
What is the Uniting for Ukraine program
Uniting for Ukraine (U4U) allows Ukrainian citizens who have been displaced by the Russian invasion to apply and stay temporarily in the United States. It is a streamlined process run by the U.S. government. U4U grants “humanitarian parole” — a temporary permission to stay in the U.S. for a period of 2 years.
It is important to note that this is a new program, created specifically for Ukrainians. Thus, it is different from other immigration programs (including refugee programs, other humanitarian parole programs, and other sponsorship programs).
To be eligible for U4U, every Ukrainian needs an American sponsor. These sponsors are called “supporters” in the official U4U documentation. We will call them “sponsors” in the rest of the article.
What you get with U4U
You can legally be in the country on humanitarian parole for a period of 2 years. Humanitarian parole allows individuals in urgent need of refuge to enter the United States and stay in the country temporarily.
You are able to start working immediately. This is a new rule implemented by USCIS on November 21, 2022. Please see more details on work authorization in the next section.
While U4U is separate from refugee status, beneficiaries are eligible for refugee-level benefits including, but not limited to, health insurance (Medicaid), food stamps, cash assistance, and SSI. This applies to every state in the U.S.
There is no limit on how many Ukrainians can come to the U.S. under U4U. As of November 2022, more than 165,000 have applied and 116,000 have received travel authorizations.
Humanitarian parole does not provide a pathway to permanent residency and citizenship. Please be aware that there are very few options to change from humanitarian parole to immigration status or visa.
If you leave the U.S., even to go back to Ukraine/Europe, your parole will end. In order to travel and return to the United States, you need to apply beforehand for “advance parole” or travel authorization. This currently takes about a year and does not guarantee that you will be admitted back to the country. It only gives you a chance to get to the border and appear for a new immigration interview.
Work authorization: current status
As many of you are aware, there have been significant delays with processing work authorizations. While USCIS has made significant improvements for Ukrainian parolees, there are still many questions. USCIS and the DOJ promised to provide guidance/instructions related to the recent changes for Ukrainian parolees. We will update this section as soon as those are announced.
As of November 21, 2022, Ukrainian parolees can start working immediately upon arrival.
As soon as you arrive, you need to apply for work authorization and a social security number. The application is free. We recommend filing online.
In the meantime, here is a list of documents you need to demonstrate to your employer to be able to work in the first 90 days of your arrival:
Print out your I94 form and show it to your employer.
However, employers typically require a social security number that you will not have upon arrival. Many employers may not be aware of the USCIS announcement and/or do not know how to apply it. Hence we recommend you do the following:
Go to a social security office and try getting a social security number. Ask for a non-restricted one; if that fails ask for a restricted one (#1 and #3 respectively). Bring a printout of this announcement: Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole
Advocate for yourself with the employers. Bring a printout of this announcement: Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole or if necessary call the DOJ employer hotline (we heard reports that many had found it helpful) Justice.Gov: Immigrant and Employee Rights Section.
Who can be a beneficiary
A beneficiary must
Be a Ukrainian citizen and hold a valid Ukrainian travel passport; or, if a child, be included on a parent’s passport.
Have resided in Ukraine immediately prior to the Russian invasion, at least through February 11, 2022.
Currently residing outside of the U.S. A Ukrainian citizen can be residing anywhere in Ukraine, or have fled to other parts of Europe or the rest of the world.
Have a sponsor who has filed a Form I-134 on their behalf, and who has been vetted and confirmed as sufficient by USCIS (United States Citizenship and Immigration Services).
Pass biographic and biometric security checks. These are done on arrival at the airport by U.S. Border Patrol.
Medical requirements for all individuals 2 years of age or older:
Must have received first doses of measles and polio vaccines (no evidence is required).
Must have proof of having received the first dose of COVID-19 vaccine; otherwise, individuals are required to get it within 90 days of arrival in the U.S.
Must complete a screening for tuberculosis within 90 days of arrival, usually via blood test (Interferon-Gamma Release Assays, or IGRA).
More for vaccine attestation — Uniting for Ukraine Vaccine Attestation
In order for non-Ukrainian citizens to be eligible for the program, they must be the immediate family member of a Ukrainian citizen beneficiary of Uniting for Ukraine. This includes the spouse or common-law partner of a Ukrainian citizen, and the unmarried children under the age of 21 of a Ukrainian citizen. Children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian. If a child arrives in the U.S. without a parent, with an adult who doesn't have the proper paperwork proving that he/she is a legal guardian, then the child is going to be taken away by the U.S. government. For more details please see here Nova Ukraine: Unaccompanied Minors
You will need a sponsor
U4U is a new type of immigration and resettlement program in the U.S.: the so-called “private sponsorship model.” In such a program, U.S. citizens and residents (not the U.S. government) will take on the primary responsibility of welcoming and providing initial support to newly arrived Ukrainians. What this means for Ukrainians is that they will need to find a “sponsor” in order to be able to come to the U.S.
Who can be a sponsor
Sponsors (called supporters by USCIS) may be U.S. citizens, permanent residents, or other lawfully present individuals with verifiable income. This includes Ukrainian Americans, asylees, refugees, parolees, Ukrainians who have come under U4U, TPS holders, and beneficiaries of deferred action (including DACA) or Deferred Enforced Departure.
The sponsors must show that they have sufficient financial resources to support the beneficiary for the duration of their stay in the United States. (Please note that sponsors are not legally responsible for these expenses — see “myths and realities” below.)
U4U myths and realities
MYTH #1
Sponsors are legally liable for all expenses (including medical bills and housing) for their beneficiaries
Reality
The forms that sponsors sign are NOT legally binding. The I-134 form currently asks sponsors to describe the resources they plan to use to ensure the beneficiary has adequate financial and housing support. However, most lawyers agree that sponsors cannot be sued for failing to provide support. (Again, please note that the correct name used by USCIS is “supporters,” not “sponsors” as in other immigration processes.)
Please see this video for more details.
Of course, sponsors who take advantage of beneficiaries and break the law — for instance, through domestic violence, forced marriage, or human trafficking — can and should be reported. Please see the contact numbers.
MYTH #2
Sponsors are expected to provide full financial support for the beneficiary over the length of their 2-year parole.
Reality
Sponsors are expected to ensure that the beneficiary has adequate housing, knows how to get medical help, and to assist with their paperwork. However, this does not mean paying for all of that. Rather, it means helping the beneficiary find the right resources (this website and resettlement agencies included).
U4U beneficiaries are eligible for health insurance (Medicaid) and food stamps (officially known as the Supplemental Nutrition Assistance Program, or SNAP) in every state of the country. The work authorization application process for U4U is currently 4–6 weeks for new arrivals, significantly faster than in the past.
MYTH #3
Ukrainians should not use any government benefits.
Reality
Two fears are commonly associated with government benefits. One is that a sponsor will be expected to repay these benefits. Two is that these benefits, especially cash assistance, will cause one to be deemed a “public charge” (primarily dependent on the government) and denied a green card in the future.
As per myths 1 and 2, sponsors associated with U4U are not expected to repay any government benefits received by the beneficiary. USCIS has confirmed that benefits received by Ukrainians on U4U are not subject to public charge determination because those benefits were granted by Congress.