Immigration Services

In 2008, UCCW reached the long-term goal of becoming an accredited agency by the BIA and since that time has employed BIA representative to provide with any immigration advice, filling out immigration forms, and practicing immigration law. Accredited representatives, therefore, have the same basic obligations to their clients as do attorneys in carrying out this representation The mission of accredited representative is to help low and moderate income immigrants in the United States receive the rights and privileges that they are guaranteed under U.S. law.
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In order to legally provide immigration services, each organization must be recognized by the Board of Immigration Appeals (BIA) and have its own accredited representative. An accredited representative provides affordable, quality legal representation for those in need with respect to immigration and nationality law. Accredited representatives are authorized to represent clients before the United States Citizenship and Immigration Services (USCIS), the Executive Office of Immigration Review (EOIR), and the Board of Immigration Appeals (BIA) in exactly the same manner as are attorneys. (See 8 CFR §292.1(a)(4).)

For low-income families some services are offered FREE of charge.

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Services

Green Card - Family Petiton

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. The Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you.

Naturalization

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).
The general requirements for administrative naturalization include:
- a period of continuous residence and physical presence in the United States;
- residence in a particular USCIS District prior to filing;
- an ability to read, write, and speak English;
- a knowledge and understanding of U.S. history and government;
- good moral character;
- attachment to the principles of the U.S. Constitution;
- favorable disposition toward the United States.

Employment authorization document (EAD)

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you are eligible to work in the United States.

Other immigration services

UCCW immigration specialists are also ready to assist with temporary protected status, travel documents, and re-parole for most recently arrived Ukrainians who fled the war.
Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there. TPS has been a lifeline to hundreds of thousands of individuals already in the United States when problems in a home country make their departure or deportation untenable.
Citizens of Ukraine and their immediate family members who arrived in the United States on or after February 11, 2022, through the Uniting for Ukraine program or were initially paroled into the U.S. with a DT class of admission, can apply for RE-PAROLE. If USCIS approves the application, a new period of humanitarian parole will be granted for up to 2 years.

FAQ

Q: My green card is about to expire. Can I file for naturalization or do I have to file Form I-90 to replace my green card first?

You can file for naturalization (N-400) even if your green card is about to expire. According to the Policy Alert from December 9, 2022, there is an automatic extension of 24 months from the card expiration date if you filed N-400 on or after December 12, 2022. Therefore, you do not need to file Form I-90 to replace your green card if you are already filing for naturalization.

Q: Can I travel while my N-400 is pending?

Yes, you can travel while your N-400 application is pending. However, it is important to ensure that you maintain your continuous residence in the United States. Make sure you carry your unexpired green card and any receipt notices for your N-400 application when you travel.

Q: What are the ways to obtain a Green Card?

The process of obtaining a Green Card begins with determining your eligibility based on various categories. Below are the main categories and steps to follow:
1. Family-Based Green Card
Immediate Relatives of U.S. Citizens: This category includes spouses, unmarried children under 21, and parents of U.S. citizens.
Family Preference Categories: For other relatives of U.S. citizens, such as siblings or married children, and certain relatives of green card holders.
2. Employment-Based Green Card
First Preference (EB-1): For individuals with extraordinary abilities, outstanding professors or researchers, and certain multinational executives or managers.
Second Preference (EB-2): For professionals holding advanced degrees or with exceptional abilities.
Third Preference (EB-3): For skilled workers, professionals, and other workers.
Fourth Preference (EB-4): For special immigrants, including religious workers, certain international employees, and other specific groups.
Fifth Preference (EB-5): For immigrant investors who invest a substantial amount in a U.S. business.
3. Humanitarian-Based Green Card
Asylees and Refugees: Individuals granted asylum or refugee status can apply for a green card one year after receiving their status.
Human Trafficking and Crime Victims: Victims of trafficking (T visa) and other crimes (U visa) may be eligible.
Victims of Abuse: Includes the Violence Against Women Act (VAWA) self-petitioners and other abused relatives of U.S. citizens or permanent residents.
4. Diversity Visa Lottery
This program, also known as the green card lottery, provides a limited number of visas each year to people from countries with low immigration rates to the U.S. For more detailed information on each category and the specific forms required, visit the USCIS Green Card Eligibility Categories page – https://www.uscis.gov/green-card/green-card-eligibility-categories

Q: Do Ukrainians who received humanitarian parole and their immediate relatives need to apply for re-parole by a certain date?

Yes. If your humanitarian parole has not been revoked, and your immigration status has not changed or been adjusted, you must apply for re-parole before your initial parole expires. The immigration service advises eligible Ukrainians and their immediate relatives to submit their re-parole application no earlier than 180 days (6 months) before the expiration date of their current humanitarian parole.
If you apply for re-parole more than 180 days before the expiration of your current parole, the immigration service may deny or reject your application without refunding the application fee. Please note that submitting an application more than 180 days before the expiration of your current parole will not result in an expedited decision.
If your parole expires, your authorized stay in the country will also end unless you have obtained an immigration status (such as asylum, lawful permanent residency, or Temporary Protected Status (TPS) or have been allowed to stay for other reasons, such as having a pending asylum application.

Q: How long are TPS designations?

A TPS designation can be made for 6, 12, or 18 months at a time. At least 60 days prior to the expiration of TPS, the Secretary of Homeland Security must decide whether to extend or terminate a designation based on the conditions in the foreign country. Decisions to begin, extend, or terminate a TPS designation must be published in the Federal Register.
If an extension or termination decision is not published at least 60 days in advance of expiration, the designation is automatically extended for six months.

Q: Which Travel Document will you receive when you apply?

The type of document you need varies depending on your immigration status (including lawful permanent resident status) or if you have a pending immigration benefit request.
- If you have humanitarian parole status and have not applied for TPS, you are eligible to receive only Form I-512L (Advance Parole Document).
- If you have been granted TPS and are in TPS status, you will receive Form I-512T (TPS Travel Document).
- If you have applied for TPS but your TPS status is not yet approved when your travel document is issued, you will receive Form I-512L (Advance Parole Document).

For those requesting an Emergency Travel Document, it will be issued regardless of your status.

It’s crucial to understand that individuals can hold both humanitarian parole and TPS at the same time. TPS does NOT cancel the status granted by humanitarian parole or any benefits tied to that status.

Q: Does TPS create a path to permanent residence or citizenship?

TPS does not provide beneficiaries with a separate path to lawful permanent residence (a green card) or citizenship. However, a TPS recipient who otherwise is eligible for permanent residence may apply for that status.

Q: What is a Travel Document needed for?

Advance parole allows you to travel back to the United States without applying for a visa. A transportation company (airlines) can accept an advance parole document instead of a visa as proof that you are authorized to travel to the United States. An advance parole document does not replace your passport.
Please note that having an advance parole document does not guarantee that you will be allowed to reenter the United States. At the airport or border, a U.S. Customs and Border Protection (CBP) officer will make the final decision about whether to allow you to reenter the United States.
If you wish to return to the United States lawfully after traveling outside the United States, you generally must have a:
Valid entry document, such as a Permanent Resident Card (Green Card) or nonimmigrant visa; or
Valid and unexpired travel document.