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Uniting for Ukraine Humanitarian Parole Process

 

IMMIGRATION UPDATE AS OF: Tuesday, April 26, 2022

Uniting for Ukraine Humanitarian Parole Process

Humanitarian parole is a temporary admission to the US for urgent humanitarian reasons or significant public benefit. Parole allows the person to apply for work permit and a Social Security number, but it is not an immigration status and does not provide a path to legal permanent residence. Once in the US, an individual who has been paroled can apply for asylum, another immigration benefit (if qualified), or apply to renew the parole before it expires.

The Uniting for Ukraine program is a streamlined process for displaced Ukrainian citizens and their immediate relatives to apply for humanitarian parole. The program started on April 25, 2022.*

To be eligible, beneficiaries:

  • Had to have resided in Ukraine prior to the Russian invasion (through February 11, 2022) and have been displaced because of the invasion;
  • Be a Ukrainian citizen or an immediate relative of a Ukrainian citizen (spouse, common law partner, or unmarried child under the age of 21, accompanying the principal Ukrainian citizen to the US);
    • Children under 18 must travel to the US with their parents or legal guardians. A child who is not traveling with their parent or legal guardian who arrives at a port of entry may be placed in the custody of the Department of Health and Human Services (HHS). A child who needs to travel to the US to be reunited with a parent or legal guardian may apply through the standard Form I-131 parole process.
  • Have a valid Ukrainian passport (or be a child listed on the parent’s passport);
  • Have a supporter in the US – a US-based individual in lawful immigration status, acting in personal capacity or on behalf of a non-governmental organization – who demonstrates sufficient resources to “receive, maintain, and support” the beneficiary;
  • Complete vaccinations and other public health requirements; and
  • Pass biometric and biographic screening. Those who are approved will be allowed to travel to the US at their own expense, where they may be paroled for a period of up to two years and will be eligible for work authorization.

Five-step process:

  • First step: the US-based supporter completes and files Form I-134 online with USCIS, which requires giving biographic and financial information about the supporter and biographic information about the beneficiary.
    • The supporter must be a US citizen, US national, permanent resident, asylee, refugee, parolee, non-immigrant in lawful status, or beneficiary of TPS, deferred action or Deferred Enforced Departure.
    • The supporter must pass security checks and demonstrate the financial ability to support the beneficiary in the US.
    • Types of support may include:
      • Receiving the beneficiary at the port of entry and providing transportation to housing;
      • Ensuring appropriate housing, basic necessities, health care and medical needs; school enrollment, etc.
      • Helping the beneficiary complete necessary applications for employment authorization, Social Security card, and other services.
    • Several supporters may join together to have the financial ability to support one or more Ukrainian beneficiaries. In this case, a primary supporter should file a Form I-134 and include in the filing supplementary evidence demonstrating the identity of, and resources to be provided by, the additional supporters and attach a statement explaining the intent to share responsibility.
    • Organizations may not serve as the supporter on a Form I-134, but an individual representing the organization may. However, the organization can provide financial support information as part of the evidence submitted with the Form I-134.
  • Second step: if the supporter is approved, USCIS e-mails the Ukrainian beneficiary instructions on how to create a myUSCIS account, confirm biographic information and attest to completing all eligibility requirements.
  • Third step: beneficiary confirms prior vaccinations against measles, polio and COVID-19. If not vaccinated, the beneficiary needs to receive a first dose before being approved for travel.
  • Fourth step: if the beneficiary is approved for travel to the US, must make travel arrangements (including pre-departure testing from COVID) and complete travel within 90 days.
  • Fifth step: upon arrival at the US port of entry, beneficiaries will be inspected by US Customs and Border Patrol and considered for parole of up to two years.
    • Beneficiaries will undergo biometric vetting.
    • All beneficiaries two years of age or older will need to be screened for tuberculosis within two weeks of arriving into the US.

After being paroled in the United States, beneficiaries:

  • Can apply for work authorization; if unable to pay the application fee, can apply for a fee waiver.
  • Can apply for a Social Security number and card.
  • Can apply for other immigration benefits, if eligible.
  • Must report changes of address to USCIS within 10 days of moving at USCIS Online Change of Address.
  • Can apply to renew parole before it expires.

*Note for Ukrainian citizens in Mexico: over the past few months, many Ukrainians who traveled to Mexico and presented themselves at the US southern border were granted humanitarian parole in on a case-by-case basis. However, starting on April 25, 2022, Ukrainians who present at the US border without a valid visa or other pre-authorized travel will be denied entry and referred to apply through the Uniting for Ukraine program.

For more information on the Uniting for Ukraine parole program, go to: Uniting for Ukraine.

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If you have questions, you can call Catholic Migration Services at (718) 236-3000, extension 2015, extension 2018, or you can e-mail us at immigrationassistance@catholicmigration.org with your name, phone number, languages you speak, and your question.

Click here to download this update as a PDF: Uniting for Ukraine Humanitarian Parole Process

Click here to download the Services to Ukrainian Nationals Flyer in English and Ukrainian

CMS Recovers over $500,000 in unpaid wages for low-wage workers 

Photo of CMS attorney with clientsLast year, Catholic Migration Services’ employment program collected over $500,000.00 in unpaid wages for low-wage workers in the domestic, construction, restaurant and many other industries. This money was a lifeline to families coping with the economic fallout of the pandemic. This was especially true for immigrant workers who were not eligible for any state or federal pandemic aid.

CMS efforts included recovering unpaid wages for essential workers such as delivery workers, home health aides, and supermarket employees who continued to work throughout the pandemic. While these employees were publicly lauded for risking their health to deliver much-needed food, supplies and care to New Yorkers, they suffered exploitation and abuse from their employers. Delivery workers risked their lives traversing through NYC neighborhoods to deliver food to homebound New Yorkers. These workers were met on pay day with empty pockets and vague excuses from their employers. Domestic workers worked around the clock, often sheltering in place in the homes of their employers, and were paid meager, exploitative wages or fired for taking sick leave. One CMS client, a single mom with three young children, was unlawfully fired for taking sick leave to recover from COVID-19. With our advocates assistance, this mom was able to recover her lost wages and “the money went straight to pay back rent and buy groceries for my babies.”

One of our greatest victories was on behalf of Roberto Moran, Mauricia Aviles, and Yazmin Aviles, three low-wage workers at the Flushing restaurant, King of Empanada. These workers were paid less than the minimum wage and compelled to work over sixty hours per week without proper overtime pay. Managing Attorney Alice Davis and co-counsel Wilmer Hale, LLLC. filed a federal lawsuit on their behalf which resulted in a settlement of $40,000.00. Mauricia Aviles commented, “We are so thankful to have received these hard-earned wages now after a really hard year and a half. Our goal is to save this money in case of another emergency.”

Tenant Advocacy Program wins over $300,000 for Queens Tenants

Catholic Migration Services was retained by several tenants living in the same building to defend them against unwarranted eviction cases brought by their landlord. After a few years of fierce litigation, our tenant advocacy team settled the case on behalf of the tenants. The sizable settlement resulted in over $300,000.00 in benefits to the tenants including rent waivers and lump sum payouts. Although the tenants agreed to move out of the building in exchange for the financial benefits, each found alternative affordable housing before moving out. Two tenants were able to remain in their apartments for several months after the settled on move-out date to allow them to find affordable and safe homes.

Asylum Granted: Persecuted Haitian political candidate and family on path to citizenship 

Haitian flag wavingJean*, a candidate for local office in Haiti, fled his homeland after enduring persecution for his political views. After fleeing Haiti, he lived in Brazil for several years, where he met and married Marie*. The couple soon had a child. In Brazil, the family faced racism and xenophobia which forced them to flee again, this time to the United States.

When Jean and his family arrived at the U.S. border, they were separated. Jean was held in an immigration detention center for several months. He was later released on bond and reunited with his wife and child in New York City where they continued the next steps to safely seek asylum with the assistance of Catholic Migration Services.

CMS advocates helped the family gather and submit a thorough packet of evidence supporting their asylum applications. We then worked with Congressman Hakeem Jeffries’ office to fix a United States Citizenship and Immigration Services (USCIS) administrative error. The correction allowed us to secure an appointment for the family to take their biometrics, a crucial step before asylum could be granted. Since this family’s case was repeatedly postponed by the immigration court, CMS persistently negotiated with U.S. Immigration and Customs Enforcement (ICE) for their non-opposition to a grant of asylum and filed a motion asking the immigration judge to grant the case based on the paper evidence. The immigration judge granted asylum, and now the family is on a path to citizenship.

*We have changed the names of the clients to protect their privacy.

Immigration Update Pertaining to Afghanistan and the Designation for Temporary Protected Status (TPS)

On March 16, 2022, the Secretary of the Department of Homeland Security (DHS) announced that Afghanistan will be designated for Temporary Protected Status (TPS) for 18 months.

What is Temporary Protected Status (TPS)?
The Secretary of the Department of Homeland Security (DHS) may designate a foreign country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. United States Citizenship and Immigration Services (USCIS) may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

What does this announcement mean?
The designation of TPS for Afghanistan allows Afghani nationals (and individuals without nationality who last resided in the Afghanistan) who have continuously resided in the United States since March 15, 2022 to file an initial application for TPS, as long as they meet eligibility requirements. Please note that those who travel to the United States after March 15, 2022, are not be eligible for TPS. Individuals granted TPS are not removable from the United States, can obtain an Employment Authorization Document (EAD) or work permit, Social Security Number, and may be granted travel authorization.

When can I apply for TPS?
Please note that because the TPS designation has not been officially published in the Federal Register yet, the application process has NOT started. To confirm the start of the application process, please call the New York State New Americans Hotline – a hotline that provides free information and referrals on immigration matters – at 800-566-7636, Monday through Friday, between 9:00 a.m. and 8:00 p.m.

How do I apply?
We recommend consulting a lawyer to determine if you are eligible to apply for TPS and to learn more about what documents you need to include in your application.

If you have questions, please call Catholic Migration Services at (718) 236-3000, extension 2015, extension 2018, or you can e-mail us at immigrationassistance@catholicmigration.org with your name, phone number and the languages you speak.

For additional information, you can also contact Action NYC at (800) 354-0365 – Monday through Friday, between 9:00 a.m. and 6:00 p.m. – to connect with City-funded, free and safe immigration legal help.

Click here to download this update as a PDF: Immigration Update Pertaining to Afghanistan and the Designation for Temporary Protected Status (TPS)

As of March 21, 2022

Immigration Update Pertaining to Ukraine and the Designation for Temporary Protected Status (TPS)

On March 3, 2022 the Secretary of the Department of Homeland Security (DHS) announced that the Ukraine will be designated for Temporary Protected Status (TPS) for 18 months.

What is Temporary Protected Status (TPS)?
The Secretary of the Department of Homeland Security (DHS) may designate a foreign country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. United States Citizenship and Immigration Services (USCIS) may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

What does this announcement mean?
The designation of TPS for Ukraine allows Ukrainian nationals (and individuals without nationality who last resided in the Ukraine) who have continuously resided in the United States since March 1, 2022 to file an initial application for TPS, as long as they meet eligibility requirements. Please note that those who travel to the United States after March 1, 2022, are not be eligible for TPS. Individuals granted TPS are not removable from the United States, can obtain an Employment Authorization Document (EAD) or work permit, Social Security Number, and may be granted travel authorization.

When can I apply for TPS?
Please note that because the TPS designation has not been officially published in the Federal Register yet, the application process has NOT started. To confirm the start of the application process, please call the New York State New Americans Hotline – a hotline that provides free information and referrals on immigration matters – at 800-566-7636, Monday through Friday, between 9:00 a.m. and 8:00 p.m. .

How do I apply?
We recommend consulting a lawyer to determine if you are eligible to apply for TPS and to learn more about what documents you need to include in your application.

If you have questions, please call Catholic Migration Services at (718) 236-3000, extension 2015 or extension 2018. If we are unable to answer the phone, please leave a message with your name, phone number and the languages you speak. You can also email this information to immigrationassistance@catholicmigration.org.

For additional information, you can also contact Action NYC at (800) 354-0365 – Monday through Friday, between 9:00 a.m. and 6:00 p.m. – to connect with City-funded, free and safe immigration legal help.

Click here to download this update as a PDF: Immigration Update Pertaining to Ukraine and the Designation for Temporary Protected Status (TPS)

Click here to download the Services to Ukrainian Nationals Flyer in English and Ukrainian