FAQ for potential sponsors
What liability does a sponsor have?
A. The sponsor’s liability is limited to the type and amount of sponsorship that s/he has pledged to offer to the applicant. That contract is entered into with the United States, with the purpose of obtaining parole for the sponsored applicant, and not with the sponsored applicant, therefore the applicant does not have a standing to challenge this contract in court.
The United States technically has standing to sue the sponsor for the amount that was paid to the applicant by the United States, which should have been paid by the sponsor based on what the sponsor promised to pay. These claims never happen.
The purpose of an I-134 form is to help make sure a sponsor understands specifically what he or she is agreeing to do to help the refugee so that the refugee is unlikely to become a public charge and need help from the government. It is designed to help the government decide whether or not to grant humanitarian parole. It should be taken seriously, and completed thoroughly, however, unlike other similar forms, again, the I-134 is non-legally binding.
If someone is not comfortable with stating something specifically, for example, they don’t want to agree to pay for the refugee’s medical coverage, they are free to do so. Ideally, the sponsor should state what they are willing to do instead, for example: “I commit to assisting them in filing for the medical help for which they are eligible.” What assistance someone would qualify for varies state by state, and by employer should the parolee get a job with health insurance. In short, assistance available varies.
What is the likelihood of enforcement?
The United States technically has standing to sue the sponsor for the amount that was paid to the applicant by the United States, which should have been paid by the sponsor based on what the sponsor promised to pay. These claims never happen.
The I-134 is non-legally binding. Instead, it is used by the government to give them an idea of whether a sponsor has the means to help support a refugee and whether that person is likely to become a public charge. It has also been held unenforceable in some states. The risk is not zero since administrations, and policies can change, but the practical risk is relatively low. Again, however, sponsors should commit to something that makes them uncomfortable.
What’s the minimum income you need to be a sponsor?
No guidelines as to the limits of the income have been stated in the instructions, however, you should be safe if you could show that the income for you and your family plus the applicant(s) will be above the 125% of the federal poverty line for the respective amount of people.
Please see the table: https://www.uscis.gov/i-864p
Example: a family of four (parents and two kids), sponsoring two applicants (say, mother and child) would need to show the adjusted gross income of $46,487.
What about the section for assets?
If you meet the income requirements, you likely do not need to list assets.
How does that interact with the benefits a parolee is eligible to apply for medical programs?
Different states offer different benefits, including healthcare, shelter, school breakfast programs and others. If the applicant is eligible for these benefits, they are entitled to receive them, provided they told the benefit provider upfront the full truth about their status. The sponsor is not responsible to pay anything back if the officer of the program decides that the beneficiary is eligible for it.
How do I extend parole if I got it for less than 1 or more than 1 year? Apply for U4U? If yes, do I need to leave the country? Some other process? Is there any guidance on whether they will need a sponsor to do so?
There is a process for extending parole, and this can be done by the government (when it extends parole for a group) or by an individual. Stay tuned for more information about this in the coming months, as the United 4 Ukraine program evolves.
Parolees who came between April 12 (right after TPS eligibility cut-off) and -April 25 (when parole is granted for two years) often have parole for 364 days. How does this limit their eligibility for benefits? Will they be able to extend their parole?
Parole can be extended on as necessary basis, and it is very likely that USCIS will issue some form of a streamlined approach to these. Stay tuned, but be careful and only get your information from trusted sources like the USCIS website. Again, state benefits vary. Please refer to your state benefit office.
Can parolees purchase their own health insurance?
Yes, it’s just very expensive. You are not required to do so.
Can my friend / spouse etc. and I sponsor someone together?
Yes. Multiple supporters may join together to have the financial ability to support 1 or more Ukrainian beneficiaries. In this case, a primary supporter should file a Form I-134 and the co-sponsor should prepare an affidavit (a letter stating that you are a co-sponsor) and upload it to the supplementary evidence. The affidavit needs to state that you are a co-sponsor, state your identity and connection to the main sponsor, if any, state that you intend to share the responsibility of the main sponsor and list the resources that you use (example: that you are gainfully employed or have savings).
You can commit to general support or to specific things (like providing a room in your house and at least one hot meal a day). Make sure that you list all the assets that you want to commit to the petition and list none of those that you do not want to use.
If I got humanitarian parole under the old system and need to travel, can I?
You need to fill out form I-131 and receive the advance parole document. Do not travel without, or your parole will be lost. Also (importantly) you are not allowed to travel to Ukraine.
What fulfills vaccine requirements?
Two weeks after the second shot one of the following:
Pfizer-BioNTech
Moderna
AstraZeneca
Covaxin
Covishield
BIBP/Sinopharm
Sinovac
Novavax/Covovax
Two weeks after one shot one of the following:
Janssen/J&J
Check this website for any changes and new vaccines:
What fulfills the definition of “confirms prior vaccination” is it an attestation, or does one need to submit a vaccination passport.
You would need to submit a certificate, or vaccination card, or some form of a vaccination passport.
Can parolees change status?
Yes, a parolee can change status to any other status in the US by applying for it.
Can I apply for asylum if I came here through U2U?
You can apply but unless you expect to be persecuted in Ukraine on the basis of your race, religion, nationality, political opinion,or membership in a particular social group, you will not receive it. Most Ukrainian citizens are victims of war, but not of persecution.
Can I apply for TPS if I have a non-immigrant visa but I otherwise meet the eligibility requirements?
Yes.
Any issues / obstacles with TPS or U4U on obtaining a work visa, such as H1B or L visas?
You can jump between TPS and any other status the way you see fit. Don’t apply for TPS if you have a Green Card in progress. If you switch the process it might interfere with the process.
Are there circumstances whereby someone would want to switch from TPS to U4U and if so, how is it possible to do that?
No. Ukrainian citizens who are present in the United States will not be considered for parole under Uniting for Ukraine. However, Ukrainian citizens present in the United States may be eligible for Temporary Protected Status (TPS). As of this moment, this includes Ukranians who were in the United States by April 11, 2022. Largely, there is also no need as TPS has many of the same protections as UFU and it is possible to apply for an extension of TPS.
Can non-immigrant visa holders apply for U4U if they otherwise meet the eligibility requirements? What happens to their visa when they do so?
If you are here on a visa, and arrived before April 11th you can apply for TPS. If you came later, then you are not eligible.
If you are abroad but happen to have a visa, you can still apply for UFU because it gives them the right to work and a longer period of stay.
Does U4U status affect any existing and co-pending immigration procedures, such as a pending asylum case or family reunification?
If someone already has an application for family process pending, UFU will not affect it. Asylum can only be filed while in the US, see above why it may not be the best idea.
Does obtaining state or federal benefits under any of these temporary immigration statuses (TPS or HP) carry any negative risk on naturalization proceedings?
No, provided you never lied to an official regarding your status (i.e. for instance never represented themselves to be US citizens)
Q. On the I-134 Form, does everyone get their own form? What about children?
Every person, regardless of age, gets their own form. Within the form it is possible to indicate relationships to other petitioners (ie: son, husband, etc)
Q. I am Ukrainian but my common-law partner is not. We have lived together, in Ukraine, for many years. Do we both qualify for U4U?
Common law partners specifically qualify under UFU but you need to prove bona fide relationships and have photos, joint leases or property deeds, joint bank accounts, kids together and any other indication of relationship that you can find.
Q. How does a Russian citizen, fleeing persecution in Russia, apply for asylum?
Title 42 that prevents people from crossing the border will end on May 23, unless extended by the President. If it is not extended, at the border an applicant would be able to cross the border, claim asylum, name a sponsor somewhere in the US who is willing to host them, obtain referral to the court in the area where the sponsor resides, and appear in front of that court at the date indicated in the paperwork received at the border.
It is highly recommended to get an immigration attorney for the court appearance.