B2 Status and Humanitarian Parole
General information for Ukrainians entered the U.S. because of the Russian invasion. It is meant to inform what the terms “humanitarian parole” and “B2 status” mean. However, this is not a substitute for a consultation with an immigration attorney.
Information for People who Enter with Humanitarian Parole:
- Children can attend school.
- Children or pregnant women may be eligible for state-funded benefits, like health insurance (state-funded Medicaid).
- They are not automatically authorized to work.
- They can apply for work authorization by filing an application with USCIS. The work permit will expire with their parole status. These work permits have been taking around 8 months to adjudicate, meaning that if a person was granted parole for one year, the work permit might only be valid for 4 months. It may be possible to request expedited processing.
- They must not mark on any form that they are U.S. citizens.
- They should not use fake documents in order to work.
- They cannot leave the United States.
- They can travel within the contiguous 48 states while their parole is valid.
- They should not travel to Puerto Rico, U.S. Virgin Islands, or any other U.S. territory. They are advised not to travel to Alaska or Hawaii; if the plane has problems and is forced to stop in another country, they could have legal problems.
- Those with close relatives who are U.S. citizens or lawful permanent residents may be eligible to file a family-based immigration petition in order to eventually apply for a green card. They can apply immediately if they qualify. They should consult with an immigration attorney to see if this is an option for them.
- If they were in the U.S. on or before April 11, 2022, they may be eligible for TPS and should consult with an immigration attorney to see if they qualify.
- Asylum is extremely complicated, and any Ukrainian in the United States who is considering applying for asylum should speak to a competent immigration attorney before filing an asylum application.
Information for People who Enter on B2 Visitor (Tourist) Visas:
- They should not enroll their children in K-12 school in the U.S. If they enroll their children in K-12 school in the U.S. (public or private), it will be a violation of their visitor visa status, which means they will not be able to apply for an extension of their visitor visa status or reuse their tourist visa in the future.
- They or their children can take classes as long as it is for less than 18 hours per week, and the classes do not lead to a degree and the classes are not for credit. For example, language classes are okay.
- They should be able to take remote classes online as long as the classes are physically held in a country outside the U.S.
- They cannot work lawfully. They cannot apply for work authorization.
- They should not apply for driver’s licenses.
- They can travel within the contiguous 48 states while in valid B2 status.
- They should not travel to Puerto Rico, the U.S. Virgin Islands, or any other U.S. territory. They are advised not to travel to Alaska or Hawaii; if the plane has problems and is forced to stop in another country, they could have legal problems.
- Those with close relatives who are U.S. citizens or lawful permanent residents may be eligible to file a family-based immigration petition in order to eventually apply for a green card. Generally, they should wait 90 days after arrival before filing, and they should consult with an immigration attorney to see if this is an option for them.
- If they were in the U.S. on April 11, 2022, they may be eligible for TPS and should consult with an immigration attorney to see if they qualify.
- Asylum is extremely complicated, and any Ukrainian in the United States who is considering applying for asylum should speak to a competent immigration attorney before filing an asylum application.