When I applied for re-parole under the Uniting for Ukraine (“U4U”) program, I noticed something in the USCIS online application that surprised me. In addition to asking applicants to explain their urgent humanitarian reasons or significant public benefit, U.S. Citizenship and Immigration Services (“USCIS”) requested another explanation:
“A statement explaining why a U.S. visa or other immigration status cannot be obtained, including when and where attempts were made to obtain a visa or request an immigration benefit.”
Having previously gone through the U4U process myself, I was familiar with the importance of demonstrating why an additional period of parole was necessary. However, this particular question caught my attention.
It raises several important questions. What if you already have Temporary Protected Status (“TPS”)? What if you applied for a green card but your application is still pending? What if you have never applied for another immigration benefit? And does USCIS expect you to apply for another visa before requesting re-parole? As an attorney originally from Ukraine who entered the United States through U4U, I believe this requirement deserves particular attention. Although the question may appear straightforward, the appropriate response depends heavily on each applicant’s individual immigration circumstances.
Why Does USCIS Want to Know About Other Immigration Options?
To understand this question, it is important to understand what parole actually is.
Humanitarian parole allows certain individuals to enter or temporarily remain in the United States for urgent humanitarian reasons or significant public benefit. Unlike a visa or green card, parole is not an immigration status and does not itself provide a pathway to permanent residence.
It is also discretionary, meaning that USCIS evaluates each request individually.
When considering whether to grant another period of parole, USCIS may examine whether the applicant has other available immigration options. For example, someone who qualifies for a particular immigration status may have a different situation from someone who has no immediately available alternative.
However, the mere possibility of qualifying for another immigration benefit does not necessarily mean that the applicant can obtain that benefit now. A person may have an immigration petition pending for months or years. Another applicant may need to complete consular processing abroad. Others may not qualify for any available visa category. These distinctions are important and should be clearly explained.
1. What If You Only Have U4U Parole?
Many Ukrainians entered the United States through U4U and have not obtained another immigration status. If this describes your situation, your explanation can focus on why another immigration option is not presently available to you.
For example, you may not have a qualifying family relationship for a family-based immigrant petition, an employer willing or able to sponsor an employment-based petition, or eligibility for a particular non-immigrant visa.
Importantly, applicants do not need to assume that USCIS requires them to apply for every conceivable immigration benefit before seeking re-parole. The question asks applicants to explain why another visa or immigration status cannot be obtained and to identify any attempts they have made.
If you have not applied for another immigration benefit, it is better not to invent an application or suggest that one is pending. Instead, explain your actual circumstances and why you have not obtained another status. A clear, truthful explanation is more useful than a vague statement that no other immigration options exist
2. What If You Already Have TPS?
This is particularly relevant because many Ukrainians who entered through U4U also applied for Temporary Protected Status. TPS is a separate immigration protection available to eligible nationals of designated countries who meet the applicable requirements.
Individuals granted TPS generally receive protection from removal during the designated period and may obtain employment authorization.
However, TPS and humanitarian parole are not the same thing.
TPS does not automatically provide lawful permanent resident status, nor does it necessarily resolve every immigration issue that may arise when an individual’s parole expires. For example, parole may be relevant to an individual’s immigration history and eligibility for certain future immigration benefits. Accordingly, applicants who already have TPS may be required to accurately disclose that fact and explain why they are nevertheless requesting an additional period of parole.
It is better if the explanation addresses their particular circumstances rather than assume that TPS automatically makes re-parole unnecessary or guarantees its approval. The same principle applies to applicants whose TPS applications remain pending.
A pending TPS application is not equivalent to an approved TPS application. Applicants may be required to explain when they filed, the current status of their application, and why they believe continued parole is necessary while USCIS considers the request. Where available, USCIS receipt notices and other relevant documents may help establish these facts.
3. What If You Have Another Immigration Application Pending?
Some Ukrainians have pursued additional immigration options since arriving in the United States. These may include family-based petitions, employment-based immigration, adjustment of status, asylum, or other benefits. If you have an application or petition pending, it is important to identify it and explaining its current status.
For example, an applicant may have an approved or pending family-based petition but cannot yet obtain permanent residence because additional processing is required or an immigrant visa is not available. Similarly, an employment-based immigration process may involve multiple stages, including labor certification, an immigrant petition, and, where applicable, adjustment of status or consular processing.
These processes can take considerable time, and approval is not guaranteed. The fact that someone has started an immigration process does not necessarily mean that they already possess another immigration status or can obtain one before their parole expires.
The important point is to explain what you have applied for, what remains pending, and why the pending process does not presently eliminate the need for re-parole. It is helpful to distinguish between an immigration petition filed on their behalf and an application that independently provides a period of authorized stay or another immigration benefit. Different filings have different legal consequences.
4. What If Obtaining Another Visa Requires Leaving the United States?
This is another issue applicants should carefully consider. Certain immigration benefits can be obtained through procedures available within the United States. Others may require an applicant to attend a visa interview at a U.S. embassy or consulate abroad. For U4U applicants, this can create a serious practical and legal concern.
Parole generally ends when a person departs the United States, and the original U4U travel authorization should not be treated as permission for repeated international travel. An application for re-parole does not, by itself, authorize an applicant to leave the United States and return.
Some individuals may qualify for separate travel authorization, depending on their immigration circumstances. However, even authorized travel can have important consequences, and permission to travel does not necessarily guarantee readmission. Moreover, returning to Ukraine may expose applicants to the same humanitarian dangers that originally caused them to leave.
For example, the U.S. Department of State continues to maintain a Level 4 — “Do Not Travel” advisory for Ukraine because of the ongoing war and related security risks. Accordingly, if obtaining another immigration benefit would require an applicant to travel abroad, that issue may be relevant to explaining why the benefit is not presently a practical or available alternative.
However, applicants should not assume that every visa application requires travel to Ukraine specifically. Depending on the visa category and individual circumstances, consular processing may be available in another country. The explanation should accurately identify the actual requirements and obstacles involved.
5. What If You Have Never Applied for Another Visa or Immigration Benefit?
This is probably one of the most common questions applicants will have.
USCIS asks applicants to explain why another visa or immigration status cannot be obtained, including when and where attempts were made. But what if you have never made such an attempt? In that situation, simply be truthful.
If you have not applied for another visa or immigration benefit, explain that no such application has been filed and, where appropriate, why another immigration option is not currently available. For example, an applicant may not have an eligible family member who can sponsor them, may not qualify for an employment-based immigration category, or may not meet the requirements for another particular status. There is no reason to describe hypothetical applications as if they had actually been submitted.
6. What Evidence To Include?
As with other aspects of a re-parole application, supporting documentation can make the explanation more persuasive.
Depending on the applicant’s circumstances, relevant evidence may include:
- USCIS receipt notices for pending TPS, asylum, adjustment of status, or other applications;
- Approval notices for previously granted immigration benefits;
- Documentation of pending family-based or employment-based petitions;
- Visa application records, interview notices, or refusal notices;
- Correspondence relating to a pending immigration process; and
- Other records explaining why a particular immigration benefit has not yet become available.
For example, if you explain that your TPS application remains pending, providing the receipt notice allows USCIS to verify when the application was filed and what benefit was requested. Similarly, if you have a pending family-based immigration petition, identifying the petition and providing its receipt notice may help establish why permanent residence has not yet been obtained. Not every applicant will have documents in every category. The appropriate evidence depends on the person’s actual immigration history
7. Individualized Explanation
Your individualized explanation is especially important. Just as applicants should individually explain their urgent humanitarian reasons and significant public benefit, it will be helpful to prepare an individualized explanation concerning alternative immigration options.
Two Ukrainians who entered the United States through U4U may have entirely different immigration circumstances. One may have only U4U parole. Another may have approved TPS. A third may have a pending TPS application, while someone else may be pursuing permanent residence through a family member or employer.
Using the same generic explanation for all of these applicants would overlook important differences.
When preparing the statement, addressing three basic questions might be helpful:
- What immigration benefits, if any, do you currently have?
- What other immigration applications or petitions have you filed, and what is their current status?
- Why can you not presently obtain another immigration status or visa that would address your need to remain in the United States?
The response should be consistent with the information provided elsewhere in the application and supported by available documentation.
Final Thoughts
When I faced this question while preparing my own U4U re-parole application in 2026, I immediately recognized that it could create confusion for many Ukrainian applicants.
Some people may believe they must apply for another visa before requesting re-parole. Others may assume that having TPS automatically resolves the issue. Still others may be unsure whether they need to disclose pending immigration applications. The answer depends on each person’s circumstances.
Re-parole remains a discretionary immigration benefit, and no particular explanation guarantees approval. Nevertheless, a well-prepared, individualized statement can help USCIS understand why an applicant is requesting additional time in the United States.
At Kaminsky Law, we assist Ukrainian applicants and their family members with U4U re-parole applications, supporting statements, Requests for Evidence, and related immigration matters.
If you have questions about your eligibility for re-parole or how to explain your particular immigration circumstances, contact Kaminsky Law to discuss your situation. This article is provided for general informational purposes only and does not constitute legal advice. Immigration requirements, USCIS policies, and filing procedures may change. Each case must be evaluated based on its individual facts.
