AOS for parents if they came thru u4u

[LeslieMin 0]

Hi, if the parents just came as parolee to US thru U4U program, can a Us citizen file for AOS ? Do they need to leave the country? Is there a waiting period? What would be a procedure for the sibling? Just file i130 and wait? He also came they U4U

[Timona 4,159]

I don't think U4U allows adjustment.

It's just humanitarian. I'll let others chime in

[SteveInBostonI130 3,350]

1 hour ago, LeslieMin said:

Hi, if the parents just came as parolee to US thru U4U program, can a Us citizen file for AOS ? Do they need to leave the country? Is there a waiting period? What would be a procedure for the sibling? Just file i130 and wait? He also came they U4U

This is what I understand of the U4U process:

 

The U4U beneficiaries:

• Are given authorized stay (parole) for 2 years, which is renewable.
• Can apply for asylum, but will need to qualify for asylum based on typical reasons - fear for life, political persecution, etc.  I do not know if asylum can be successfully obtained due to Western and the majority of Central Ukraine becoming more and more stable.
• Can apply for Advanced Parole (I-131) to be able to travel outside the US and return.
• Can apply for discretionary employment authorization, category c(11) of I-765.

 

There is nothing specifically stated about Adjustment of Status.  Because it doesn't state AOS is prohibited, I would try for AOS for those who are eligible under normal circumstances -- that is, immediate family (IR1, IR2, IR5).  Siblings are F4, and they are not eligible until a visa number is available, which is typically about 16 years or so.  Therefore, unless the sibling can successfully renew their U4U 8 or 9 times, they will not be able to adjust status.

 

[Family 3,832]

2 hours ago, SteveInBostonI130 said:

This is what I understand of the U4U process:

 

The U4U beneficiaries:

• Are given authorized stay (parole) for 2 years, which is renewable.
• Can apply for asylum, but will need to qualify for asylum based on typical reasons - fear for life, political persecution, etc.  I do not know if asylum can be successfully obtained due to Western and the majority of Central Ukraine becoming more and more stable.
• Can apply for Advanced Parole (I-131) to be able to travel outside the US and return.
• Can apply for discretionary employment authorization, category c(11) of I-765.

 

OP if parents apply for I-485 they would be eligible for regular AP as their status will change from parolee to IR pending status and they can travel based on the AP grant of I-485. Their parole would just serve as “ entry” inspection/ admission.

 

 

Question for @SteveInBoston , only related to those who have no I-485 or anything other that U4U

I admit I have not followed closely , but as of May, 2022, Advance Parole was not possible for those who entered on U4U or Humanitarian Parole. Question comes up often.,would you be so kind to share source for the change ? Thank you 

 

Q: Can someone who is paroled under U4U travel abroad, either with advance parole or an existing B1/B2 visa?
A: USCIS notes on its U4U website that if someone has already been paroled into the United States, their parole will automatically be terminated if the individual departs without obtaining advance authorization to travel. However, neither DHS nor USCIS has clarified whether someone paroled in under U4U is even eligible for advance parole.
Note that a parolee who departs and then attempts to re-enter the United States using a B1/B2 visa may terminate his or her parolee status upon admission in B1/B2 status. The parolee may also face scrutiny at the port of entry regarding whether they possess the requisite nonimmigrant intent. Until there is more clarity on this issue and guidance from DHS, U4U beneficiaries should be cautioned about traveling abroad

Edited September 3, 2022 by Family

[SteveInBostonI130 3,350]

3 minutes ago, Family said:

I admit I have not followed closely , but as of May, 2022, Advance Parole was not possible for those who entered on U4U or Humanitarian Parole. Question comes up often.,would you be so kind to share source for the change ? Thank you 

 

Q: Can someone who is paroled under U4U travel abroad, either with advance parole or an existing B1/B2 visa?
A: USCIS notes on its U4U website that if someone has already been paroled into the United States, their parole will automatically be terminated if the individual departs without obtaining advance authorization to travel. However, neither DHS nor USCIS has clarified whether someone paroled in under U4U is even eligible for advance parole.
Note that a parolee who departs and then attempts to re-enter the United States using a B1/B2 visa may terminate his or her parolee status upon admission in B1/B2 status. The parolee may also face scrutiny at the port of entry regarding whether they possess the requisite nonimmigrant intent. Until there is more clarity on this issue and guidance from DHS, U4U beneficiaries should be cautioned about traveling abroad

 

Yep, no worries. 

 

https://www.uscis.gov/humanitarian/uniting-for-ukraine/frequently-asked-questions-about-uniting-for-ukraine

 

Quote

Questions Relating to Beneficiaries

1. Will a beneficiary be eligible for Uniting for Ukraine if the beneficiary is Ukrainian and has a valid U.S. visitor visa but is currently outside the United States for work?
   A Ukrainian citizen outside the United States who still has a valid, unexpired U.S. visitor visa may still seek parole into the United States if USCIS has confirmed the sufficiency of the Form I-134 filed on their behalf, and if they meet other requirements. Being paroled into the United States does not automatically terminate the validity of your U.S. nonimmigrant visa.
2. Are Ukrainian children seeking to come to the United States without their parent or legal guardian eligible for Uniting for Ukraine?
   Children under the age of 18 who are traveling without their parent or legal guardian are not eligible for Uniting for Ukraine. Children who are not traveling with a parent or legal guardian but are coming to the United States to meet a parent or legal guardian may instead seek parole through the standard Form I-131, Application for Travel Document, process. 
3. Will beneficiaries who have been paroled into the United States after traveling under Uniting for Ukraine be able to obtain an Advance Parole Document?
   Yes. If a beneficiary who has been paroled into the United States wants to obtain an Advance Parole Document, which will permit them to appear at a port of entry to seek parole into the United States when they return from a trip abroad, they should file a Form I-131, Application for Travel Document. For more information about Advance Parole Documents, including about fees and fee waivers, visit Form I-131, Application for Travel Document.

Please note that issuance of an Advance Parole Document does not guarantee that the individual will be paroled into the United States. A separate discretionary decision on a request for parole will be made by U.S. Customs and Border Protection (CBP) when they arrive at the port of entry.

4. Are beneficiaries vetted prior to obtaining travel documentation?
   All Uniting for Ukraine beneficiaries are subject to biographic and biometric security checks conducted by U.S. Customs and Border Protection (CBP) before they are granted travel authorization or can be paroled into the United States.

 

[Family 3,832]

7 minutes ago, SteveInBostonI130 said:

 

Yep, no worries. 

 

https://www.uscis.gov/humanitarian/uniting-for-ukraine/frequently-asked-questions-about-uniting-for-ukraine

Thank you. Hope your link is seen by/in the UK thread.

[LeslieMinn 3]

Sorry, I am not asking about advance parole. I need to know if I can apply for adjustment of status for the parents if they entered US thru U4U program(parole). Thank you

[Family 3,832]

Just now, LeslieMinn said:

Sorry, I am not asking about advance parole. I need to know if I can apply for adjustment of status for the parents if they entered US thru U4U program(parole). Thank you

If you are a US Citizen, parents can apply immediately 

[SteveInBostonI130 3,350]

2 minutes ago, LeslieMinn said:

Sorry, I am not asking about advance parole. I need to know if I can apply for adjustment of status for the parents if they entered US thru U4U program(parole). Thank you

 Did you read my first response?

[LeslieMinn 3]

Thank you. Yes US citizen. Just wasn’t sure if they had to leave the country and I have to apply from overseas 

[Family 3,832]

2 hours ago, SteveInBostonI130 said:

There is nothing specifically stated about Adjustment of Status.  Because it doesn't state AOS is prohibited, I would try for AOS for those who are eligible under normal circumstances -- that is, immediate family (IR1, IR2, IR5).  Siblings are F4, and they are not eligible until a visa number is available, which is typically about 16 years or so.  Therefore, unless the sibling can successfully renew their U4U 8 or 9 times, they will not be able to adjust status.

Right , the parole itself would be proof of entry and regular I-130 / I-485/ I-765/I131 (new )/I-864 for parents. 

Sister just do I-130 and she waits. 

BUT sister should absolutely apply for asylum…it will be way faster than I-130 AND unlike any other country, she will be approved even with a DIY packet. 

Edited September 3, 2022 by Family

[LeslieMinn 3]

Thank you so so much👍🏻

[Family 3,832]

16 minutes ago, LeslieMinn said:

Thank you so so much👍🏻

Not sure if it was clear, for sister do both I-130 and asylum I-539..it’s worth covering all bases. 

[Boiler 44,855]

In my mind Ukrainians are Refugees and Asylum would apply to Russians, there has been talk about what to do as the HP is temporary, did not think it currently can be renewed?

 

Time will tell.

[Chancy 6,239]

*** Moved from Bringing Family of USC forum to the RUB regional forum, for input from others knowledgeable about options for beneficiaries of the U4U program ***