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.
This pause is occurring amidst a broader reevaluation of U.S. humanitarian programs, including (a) the suspension of U.S. refugee admissions under the President’s Executive Order on Reevaluating and Realigning United States Foreign Aid; (b) the recent termination of other parole programs, including the parole programs for Cubans, Haitians, Nicaraguans, and Cubans; and (c) effective January 24, 2025, the State Department’s directive to immediately cease operations and halt new expenditures for refugee support services, effectively, ending refugee admissions to the United States for a period of at least 90 days.
As a result, we offer the following reminders to those who are currently in the United States:
- Know Your Rights: a number of organizations, including Immigrant Legal Resource Center and Catholic Legal Immigration Network, Inc., have published resources highlighting immigrants’ rights in the United States, including what documents they may want to carry when traveling inside the United States. It is important that immigrants educate themselves on the rights they can assert in the event of an interaction with immigration enforcement officials.
- 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.
- Stay Informed: Immigrants are reminded to monitor the latest immigration policy changes and consult with an immigration attorney because policy changes are occurring rapidly. Assessing the current and potential risks involved in a decision that may impact a foreign national’s immigration status and/or work authorization is key to protecting yourself during this time.
In addition, we offer suggestions on other immigration options that Ukrainians and other parolees may consider, with their immigration counsel, to maintain their immigration status and/or work authorization in the United States:
1. Temporary Protected Status (TPS):
Ukrainians, as well as parolees from a number of different countries listed here, currently in the United States may qualify for TPS, which offers protection from removal and provides work authorization. Several designations for TPS were extend by the Biden Administration, as the team at Klasko previously indicated in recent client alerts, which you can review here and here.
Eligible individuals should work with their immigration attorneys to apply promptly, if eligible and if they have not already done so. For example, detailed information about TPS for Ukrainians may be found here. Moreover, TPS beneficiaries should consider what other immigration pathways exist for them in the event that the current administration attempts to terminate TPS authorizations, which would likely result in extensive litigation, or permit TPS authorizations to sunset towards the end of October 2026.
2. Asylum Applications:
Applying for asylum also provides another pathway for those whose parole and/or TPS status may now or in the future be at risk. Specifically, those who fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group may file for asylum. And, foreign nationals present in the United States may apply for asylum, regardless of they are present in the United States as a visitor, a parolee, a TPS beneficiary, the recipient of another humanitarian immigration benefit, or the beneficiary of an employment-based immigration status (or their dependent).
While these applications may pend for a number of years, asylum applicants can apply for work authorization 150 days after filing their application, providing a pathway to remain in the U.S. while other family-based or employment-based immigration pathways are pursued. We highlight, however, that travel outside of the United States during the pendency of an asylum application can have severe, negative consequences on your ability to return to the United States, so we recommend you consult with your immigration attorney before taking any foreign travel.
3. H-1B and Other Professional Visas:
Foreign nationals whose roles in the United States normally require a bachelor’s degree and themselves possess a bachelor’s degree should reach out to their employer to consider sponsoring them for H-1B specialty occupations visa status. This is particularly timely because the annual lottery opens in March, and companies should begin engaging immigration counsel on these opportunities now. Moreover, foreign nationals who have a professional role with a university, nonprofit research organization, or an organization affiliated with or operating at a university may also be eligible for H-1B sponsorship that is not subject to the annual lottery as well.
H-1B visa sponsorship, or visa sponsorship for another professional visa category, can serve as a temporary solution for immigration status while a foreign national is able to obtain permanent resident (or “green card”) sponsorship from their employer or immigration status derived from their relationship with a family member.
4. Family-Based Immigration Options:
Family-based immigration offers pathways to lawful permanent resident (“green card”) status through qualifying relationships with U.S. citizens or permanent residents. Key options include marriage to a U.S. citizen or permanent resident or sponsorship by immediate family members. These applications take time to prepare and are likely to pend for around or more than a year in the present environment, particularly as we expect green card interviews to resurface as a government requirement before these applications can be approved. While these applications are pending, foreign nationals are in a lawful period of stay as authorized by the Attorney General and may apply for work authorization.
If a foreign national marries another individual who is in a temporary immigration status, that individual also may qualify to change their status to a spouse-dependent immigration status as well. While that may not provide an immediate pathway to US permanent residency, it will allow for a temporary status while the foreign national navigates the options/pathways to a green card.
How We Can Help
The team at Klasko is available to assist individuals and families in navigating these changes and exploring personalized solutions. Please contact our team with your inquiries, and we can set up consultations to address questions about the options you may have.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
© 2025 Klasko Immigration Law Partners, LLP. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Klasko Immigration Law Partners, LLP. For permission, contact info@klaskolaw.com.
