What to Do in 2026 If U4U Parole Ends: Top 10 Questions Ukrainians Ask Immigration Lawyers and Their Options

By Richard T. Herman, Esq.
Immigration Attorney for 30+ Years | Founder, Herman Legal Group

Introduction

If you’re a Ukrainian family in the U.S. under Uniting for Ukraine (U4U), 2025 has likely brought a mix of gratitude — and anxiety. Your parole lets you live and work safely for now, but as 2026 approaches, uncertainty looms:

• Will your U4U parole be extended?
• Will Temporary Protected Status (TPS) for Ukraine continue? TPS is only available to nationals of certain countries designated by the U.S. government due to ongoing conflict or extraordinary conditions.
• What happens to your work permit and family if a new administration ends these programs?
• USCIS resumed processing applications filed by individuals paroled into the United States after a court ruling in May 2025, including re-parole.

These are not abstract worries. I hear them every week from Ukrainians across Ohio, New York, Florida, and beyond. Below are the 10 most common questions families ask — and the answers and strategies you need to prepare for 2026 and beyond.

Introduction to Humanitarian Parole

Humanitarian parole is a special immigration benefit granted at the discretion of the Department of Homeland Security (DHS) to individuals who need to enter or remain in the United States temporarily due to urgent humanitarian reasons or when their presence offers a significant public benefit. Unlike a visa, humanitarian parole does not provide a direct path to a green card or permanent residency, but it can be a vital lifeline for people escaping war, persecution, or environmental disaster.

Programs like Uniting for Ukraine (U4U) and the CHNV parole program have made it possible for thousands to seek safety in the U.S. under these urgent circumstances. Humanitarian parole is typically granted for a limited period—often up to two years—and each case is reviewed individually by DHS. While on parole, individuals may be eligible for certain benefits, such as work authorization, but must remain aware that this status is temporary and subject to change.

If you or your family have entered the United States through a parole program, it’s important to understand that this is not a permanent solution. Staying informed about your options, deadlines, and any changes announced by DHS is crucial. Consulting with an immigration lawyer can help you explore whether you qualify for other immigration benefits or a more stable legal status in the future.

Understanding CHNV Parole

The CHNV parole program was created to provide a safe, legal pathway for citizens and immediate family members from Cuba, Haiti, Nicaragua, and Venezuela to enter the United States for a temporary period of up to two years. Under this parole program, eligible individuals receive advance authorization to travel to a U.S. port of entry, where they may be granted discretionary parole by DHS officers.

However, the legal status of those paroled under the CHNV program is not permanent and has been subject to ongoing policy changes and legal challenges. The future of the program—and the ability of CHNV parolees to remain in the U.S.—can shift with new court decisions or changes in administration. This makes it essential for CHNV parolees and their family members to stay updated on announcements from the Department of Homeland Security and to understand their rights and responsibilities while in the United States.

If you or your family members are in the U.S. under CHNV parole, seeking legal counsel is highly recommended. An experienced immigration lawyer can help you assess your current lawful status, explore options for extending your stay, and prepare for any changes that may affect your ability to remain in the country. Proactive planning is key to maintaining your legal status and protecting your family’s future.

1. What Happens When My U4U Parole Expires in 2026?

Quick Answer: When your U4U parole period ends, you technically lose your legal status and your authorization to work. Unless USCIS or DHS announces an extension or renewal program, you must find another way to maintain lawful presence. If you do not secure another immigration status, you may be placed in removal proceedings.

Details:

• Each U4U parole was granted for up to two years under the Humanitarian Parole authority of INA § 212(d)(5).
• USCIS announced extensions for some participants in 2024 and 2025 through online instructions at USCIS U4U Page.
• There is no guarantee that a future administration will renew these paroles. Once your parole ends, your immigration status is no longer valid, and you may be subject to removal proceedings.

Strategy Tip: Keep proof of entry, I-94, and EAD cards. If your parole nears expiration, consult an immigration attorney at least six months before to explore change-of-status or asylum filings. It is recommended that Ukrainians act 4-6 months before their U4U parole expires to explore legal options to remain in the U.S.

2️⃣ If TPS for Ukraine Ends, Will I Lose My Work Permit Immediately?

Quick Answer: No — usually you keep work authorization until the expiration date on your EAD card, but you can’t renew it after TPS ends.

Details:

• TPS is a temporary protection under 8 U.S.C. § 1254a for people from countries facing war or disaster. TPS is designated for countries experiencing extraordinary conditions, such as ongoing armed conflict or environmental disaster, that make return unsafe.
• TPS for Ukraine has been extended several times since 2022 (see USCIS Ukraine TPS Updates). The Department of Homeland Security (DHS) announced a redesignation of TPS for Ukraine in August 2023, allowing eligible Ukrainian nationals who arrived on or before August 16, 2023 to apply. Individuals who are granted TPS receive temporary protection and work authorization.
• To apply for TPS, individuals must file Form I-821, Application for Temporary Protected Status, and must be physically present in the U.S. at the time of application.
• TPS for Ukraine has been extended for 18 months due to ongoing conflict, with protection lasting until October 19, 2026, for individuals who are already in the U.S. and hold TPS status.
• Once TPS is granted, beneficiaries must re-register during each re-registration period to maintain their status and associated benefits. Maintaining TPS status is essential for continued benefits.
• If it is terminated, the Secretary of Homeland Security usually provides a 60-day grace period before termination is effective. Official notices about TPS designation, extension, or termination are published in the federal register.

Strategy Tip: Always renew your EAD as soon as USCIS announces an extension. If termination is announced, immediately discuss asylum or another status with counsel.

3️⃣ Can I Apply for Asylum with USCIS While Still on Parole or TPS?

Quick Answer: Yes — you may apply for asylum at any time while in the U.S., even on parole or TPS. In fact, doing so can secure you legal protection if U4U and TPS end. Individuals have the right to seek asylum in the United States if they fear persecution in their home country. Ukrainians who entered the U.S. through parole must submit an asylum application within one year of arrival to qualify for asylum.

4️⃣ Can I Change Status from Parole to Another Visa (F-1, H-1B, E-2)?

Quick Answer: Sometimes — but it’s complicated. Parole is not a visa status, so you cannot “extend” it into another status easily inside the U.S.

Details:

• A change of status under 8 C.F.R. § 248 requires you to be in a lawful non-immigrant status, not just on parole.
• Some USCIS officers allow transfers from parole to F-1 or H-1B if timely filed before parole expires and if you haven’t worked without authorization.
• Registration for TPS does not affect applications for other immigration benefits such as asylum, which individuals can pursue concurrently.
• Otherwise, you may need to depart and apply abroad at a U.S. consulate.

Strategy Tip: If you’re considering an F-1 student visa, apply early through a SEVP-certified school (Study in the States) and file Form I-539 while your parole is valid. You must first be accepted by an accredited educational institution to qualify for F-1 status.

5️⃣ Can My Employer Sponsor Me for an EB-3 Green Card While I’m on Parole?

Quick Answer: Yes, but you must eventually be in a lawful non-immigrant status (like H-1B or L-1) to adjust status inside the U.S. Otherwise, you may have to complete the process abroad.

Details:

• EB-3 employment-based green cards require a labor certification (PERM) from the U.S. Department of Labor.
• Your employer files Form I-140 after PERM approval. Employment-based visas, such as H-1B or EB-3, require employer sponsorship and are available to Ukrainians on humanitarian parole. Applicants must meet specific eligibility requirements for employment-based green cards, including labor certification and a qualifying job offer.
• If you’re on parole only, you can start the process but can’t file I-485 adjustment unless you also maintain a non-immigrant status or qualify for INA § 245(i) or a waiver.

Strategy Tip: If your employer is willing to sponsor, begin PERM now to lock in a priority date. You may later transition to H-1B or another status to complete the green card.

6️⃣ Can I Travel Abroad While on U4U Parole or TPS?

Quick Answer: Travel is risky and should be avoided unless you obtain Advance Parole first through Form I-131. Ukrainians may apply for re-parole through Form I-131, though current applications are processed on a discretionary, case-by-case basis. The parole processes for Ukrainians include submitting re-parole applications and re-parole requests to extend their stay in the U.S.

• Leaving without Advance Parole will cancel your parole automatically.
• Re-entry is not guaranteed, especially if policy changes under a new administration.
• TPS holders may apply for “TPS travel authorization,” but its acceptance at ports of entry is at CBP’s discretion ([LINK 1]).
• Applications for re-parole can take months to process, necessitating early action to avoid gaps in status.
• Individuals seeking re-parole must apply separately, and the applications are reviewed individually by USCIS.
• Upon approval of re-parole, you can file Form I-765 to obtain a new Employment Authorization Document (EAD).
• Leaving without Advance Parole will cancel your parole automatically.
• Re-entry is not guaranteed, especially if policy changes under a new administration.
• TPS holders may apply for “TPS travel authorization,” but its acceptance at ports of entry is at CBP’s discretion (CBP Inspection Process).

Strategy Tip: If you must travel for emergency reasons, consult a lawyer first to request Advance Parole and confirm re-entry risks.

7️⃣ How Can I Protect My Family from Removal If U4U or TPS Ends?

Quick Answer: Apply for asylum or another form of protection before your status expires — and keep records that show your residence, work, and good moral character.

Details:

• If you overstay after parole ends without filing a case, you become subject to removal under 8 U.S.C. § 1227.
• ICE can issue a Notice to Appear (NTA) for deportation proceedings before the EOIR (immigration court). Each family member, including children and minors, must file their own application for relief, often with the help of a parent or guardian.
• Having an asylum application pending often prevents removal while it’s being decided. A pending asylum application can provide protection from removal while your case is under review.
• Being placed in expedited removal could limit your opportunity to seek relief to a credible fear interview. A federal judge may issue orders affecting removal proceedings, sometimes in response to the government’s request, which can alter how expedited removal is applied.
• Increased fees for immigration applications have been imposed by recent legislation, affecting all types of immigration processes—including re-parole.

Strategy Tip: Maintain a file with tax returns, lease agreements, school records, and community letters — these documents can support future relief like cancellation of removal if needed (EOIR Info).

8️⃣ Are There Options If My Child Is in School or Born in the U.S.?

Quick Answer: Yes, but they are mostly long-term. A U.S.-citizen child cannot petition for you until they turn 21. In the meantime, your child’s schooling does not by itself grant status.

Details:

• If you have a U.S.-born child, you may one day qualify for family-based sponsorship under INA § 201(b).
• To apply for a Green Card through family adjustment of status, you must file Form I-130 and Form I-485.
• Family-sponsored immigration allows Ukrainians to remain in the U.S. if they are sponsored by a close relative who is a U.S. citizen or lawful permanent resident.
• Some families qualify for “cancellation of removal” if deported would cause exceptional and extremely unusual hardship to a U.S.-citizen child.
• Humanitarian options like VAWA and Deferred Action may apply in special cases.

Strategy Tip: Keep records showing your child’s medical, educational, and community ties — they can become valuable evidence if you need relief in court.

9️⃣ What Are the Timelines and Costs for Switching to F-1, H-1B, or E-2?

Quick Answer: It varies by category. F-1 is the fastest and least expensive; H-1B and E-2 require employer or investment support.

Approximate Timelines (2025):

Another pathway to a U.S. green card is the diversity visa lottery, a program managed by the Department of State. Eligibility and application details for the diversity visa lottery are available through the Department of State.

Strategy Tip: Because Ukraine is a treaty country, some Ukrainians qualify for the E-2 investor visa (DOS Treaty Countries List). It’s a flexible path if you can invest $100k or more in a U.S. business.

🔟 What Should I Do Right Now to Prepare for Possible End of U4U or TPS in 2026?

Quick Answer: Start planning early. Don’t wait for policy announcements. Every family should have a backup plan and documentation ready.

Checklist:✅ File asylum if you fear return to Ukraine. The ongoing armed conflict in Ukraine is a key factor in eligibility for many relief programs. ✅ Explore student or employment visa options. ✅ Keep passports, EADs, and I-94 copies organized. ✅ Stay on top of USCIS News Releases. ✅ Consult an immigration lawyer before filing any new application. Recent changes may include a new fee for certain applications, and applicants should be aware of the process by which USCIS approves or denies applications. Policy changes could result in the government moving to revoke employment authorization for certain groups. Individuals should also explore other parole programs that may be available. It is important to maintain the ability to remain in the United States legally.

Strategy Tip: Even if you don’t qualify for a visa today, creating a file of education records, employment history, and U.S. residence can help you qualify later under new programs.

Checking Application Status

If you have a pending application for humanitarian parole, Temporary Protected Status (TPS), employment authorization, or any other immigration benefit, regularly checking your application status is a critical part of managing your immigration journey. The U.S. Citizenship and Immigration Services (USCIS) offers online tools that allow you to track the progress of your case using your receipt number. You can also contact the USCIS Contact Center for updates or assistance with your application.

Given the complexity and frequent changes in immigration policies—especially those affecting parole programs and TPS—it’s wise to work with an immigration lawyer who can provide legal support throughout the process. An attorney can help you prepare and submit your immigration applications, ensure all required documents are included, and represent you in communications with immigration services or in front of an immigration judge if needed.

Staying informed about your application status helps you respond quickly to any requests for additional information and avoid missing important deadlines. With the right legal support, you can better navigate the challenges of maintaining lawful status in the United States and increase your chances of a successful outcome for your pending applications.

Key Takeaways

• U4U parole and TPS for Ukraine may expire in 2026 — plan now for backup options.
• Asylum is a valid path for many Ukrainians facing return to a war zone.
• Consider long-term status options like F-1 (student), H-1B (worker), or E-2 (investor).
• Employers can start EB-3 sponsorship even if you’re on parole — timing matters.
• Keep proof of your residence, work, and community ties. Documentation is protection.

Resources

• [USCIS Uniting for Ukraine Program](https://www.uscis.gov/ukraine)

• USCIS Temporary Protected Status – Ukraine
• USCIS Form I-765 – Work Authorization
• USCIS Form I-589 – Asylum Application
• Department of State – Visa Information
• Department of Labor – PERM Program
• AILA (American Immigration Lawyers Association)
• Herman Legal Group – Immigration Attorneys

About the Author

Richard T. Herman, Esq. is an immigration attorney with more than 30 years of experience helping families, professionals, and refugees build their American dream. He is the founder of the Herman Legal Group, a nationwide immigration law firm serving clients in all 50 states.

Richard is co-author of the acclaimed book Immigrant, Inc.and a frequent commentator on immigration policy in national media.

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