Murthy Takes Action: Firm Pushes for Path to Green Card for Ukrainian Parolees

The attorneys in our firm regularly track governmental policies and take action to improve the immigration process for our clients and the immigration community at large. To that end, the Murthy Law Firm recently submitted a letter to the U.S. Citizenship and Immigration Services (USCIS) asking for an adjustment to existing policies to create a path to employment-based (EB) lawful permanent resident (LPR) status for Ukrainian nationals who arrived in the United States through the U.S. Department of Homeland Security (DHS) Uniting for Ukraine (U4U) humanitarian parole program. Such a path would benefit both Ukrainians displaced by the Russian invasion of Ukraine as well as the U.S.

Uniting for Ukraine Overview

In response to the rapid displacement of Ukrainians due to the Russian invasion of Ukraine, the U.S. established the U4U parole program. This program allows eligible Ukrainian nationals to apply for humanitarian parole in the U.S. Upon arrival, U4U parolees can also apply for employment authorization.

Limited Paths Forward for U4U Parolees

Despite the contribution U4U parolees have made to the U.S. economy, current USCIS policy prevents a U4U parolee from qualifying for EB adjustment of status if the individual most recently entered the U.S. as a parolee. Consequently, U4U parolees are currently in limbo; they cannot return home due to the ongoing conflict and are unable to qualify for EB LPR status to permanently remain in the U.S.

Murthy Pushes for EB LPR Eligibility for U4U Parolees

To address this issue, the Murthy Law Firm has submitted a letter to the USCIS which presents a legal basis for the USCIS to adopt a new policy allowing U4U parolees to be eligible for EB adjustment of status. As we explained to the USCIS, a careful reading of the Immigration and Nationality Act (INA), upon which the current policy is based, supports the Murthy Law Firm’s proposal that U4U parolees are eligible for EB adjustment of status. Our letter to the USCIS explains our interpretation of the INA and that our proposed policy adjustment is reasonable, lawful, and within the authority of the USCIS to adopt.

Conclusion

The U.S. has a proud tradition of offering humanitarian relief to foreign nationals displaced from their home countries due to war, persecution, natural disasters, or other crises. The invasion of Ukraine has been devastating to Ukrainian nationals who should have a path towards EB LPR status. The Murthy Law Firm urges the USCIS to adopt the proposed regulatory amendment to enable more valued immigrants to realize their American dream.

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