How to stay in the U.S. legally with U4U parole or TPS: all paths to a green card in 2026

Only through a separate basis: the U4U program does not give a green card by itself and does not automatically “turn into” one.

• Family: marriage to a U.S. citizen, a U.S. citizen child age 21 or older, U.S. citizen parents.
• Employment: EB-3, EB-2 NIW, EB-1. Parolees often need the consular path, which means leaving the country.
• Asylum, if there is individual persecution, not just the war.
• The DV lottery (on 10/14/2026 a court ordered DV-2027 to be opened).
• The Ukrainian Adjustment Act – still only a bill.

According to the Ukraine Immigration Task Force, most Ukrainians in the U.S. do not have any of these paths. That is why it is important to extend your parole or TPS on time, so you stay in a lawful situation while you look for a basis.

Yes, but only if you have a basis for a green card. Parole at a port of entry meets the legal requirement of being “inspected and admitted or paroled” (INA 245(a)).

• Immediate relatives of citizens (husband/wife, an unmarried child under 21, parents of a citizen age 21 or older) are exempt from some of the 245(c) bars, including for losing status and working without authorization. So formally they can file Form I-485 even after their parole has expired.
• Other categories (F2A, the lottery, most employment categories) must be in lawful status. For parolees, the rule at 8 CFR 245.1(d)(1)(v) counts only parole that has not expired as lawful.
• Changing to a nonimmigrant visa (F-1, H-1B, E-2) from parole inside the U.S. is not possible: parole is not an admission in status.

After the 05/21/2026 memo, an officer may count staying after your parole expired as a negative factor. Review this with an attorney before filing.

No, TPS by itself gives neither a green card nor the right to one. In Sanchez v. Mayorkas (06/07/2021), the Supreme Court decided that a grant of TPS is not an “admission” for adjustment of status under INA 245(a). The USCIS Policy Manual repeats this directly.

What this means in practice:

• If you entered with U4U parole or with parole at the border and later got TPS, your parole itself meets the “inspected and paroled” requirement.
• If a person entered without inspection at the border, TPS does not fix this problem.
• Exception: a TPS holder who traveled abroad with DHS permission and returned with inspection is considered admitted.

Whether TPS counts as lawful status for an employment-based green card is a complex question that lawyers review individually. Ukraine's TPS ends on 10/19/2026, and as of 10/15/2026 there is no official extension.

Temporary options are re-parole and TPS; the only permanent option is a green card through a separate basis.

1. Re-parole (I-131): new parole for up to 2 years, reviewed case by case.
2. TPS: valid until 10/19/2026. Lawyers believe that because there is no DHS decision, it will be extended by law for 6 months, until 04/19/2027, but DHS has not confirmed this.
3. A family-based green card, if you have a U.S. citizen husband/wife or adult U.S. citizen children.
4. An employment-based green card: EB-3, EB-2 NIW.
5. Asylum: only if there is individual persecution.
6. A student or work visa: from parole, only by leaving and going through a consulate.

You can file for re-parole and TPS at the same time, and it often makes sense. Americanization helps with the technical paperwork for re-parole and TPS; to choose a long-term path, you need an attorney.

There is no direct ban: the law has not changed, but officers have more grounds to deny.

On 05/21/2026, USCIS issued a memo (law firms cite number PM-602-0199) that calls adjustment of status “extraordinary relief” – an exceptional benefit at the agency's discretion. Officers are told to weigh new negative factors:

• why the person stayed after their visa or parole expired;
• why they did not leave;
• whether they could have gone through the consular path instead of AOS.

According to ILRC, this mostly affects family-based applications under INA 245(a) from people with an overstay or expired parole. The memo does not apply to green cards through asylum or a U visa. ILRC recommends consulting an attorney or a DOJ-accredited representative before filing. A lawsuit against the memo has been filed in Massachusetts; as of 10/15/2026, we have found no court order blocking it.

It applies to Form I-485 filed on or after 09/18/2026 and counts almost any means-tested benefits received from that date.

• Starting 09/18/2026, only the new 09/18/26 edition of Form I-485 is accepted, with no grace period.
• Benefits received on or after 09/18/2026: Medicaid, SNAP, housing assistance and others may count against you.
• Benefits before 09/18/2026: only cash assistance and long-term institutional care are counted.
• There is no separate exemption for parole or TPS if you get a green card through family.
• Refugees, asylees, and T and U visa holders are exempt.

22 states are challenging the rule in court, but as of 10/15/2026 there is no order blocking it. More details in the topic on benefits and taxes.

For most people with no problems in the past, the interview is a normal step, but there is a risk of detention, and it should be assessed in advance.

Since about November 2025, there have been documented cases of ICE detaining people right in USCIS offices after their interview, including spouses of U.S. citizens who had only an overstay and no criminal history. There are no official statistics. A USCIS policy from 02/28/2025 also applies: after a denial, a person who is removable is issued a Notice to Appear (a summons to immigration court).

• If your parole has expired, or you have had arrests or violations, go to the interview with an attorney.
• Bring copies of all your documents and your attorney's contact information.

Details about your rights are in the topic “ICE and your rights.”

Contact a licensed immigration attorney right away: after a denial, you may be summoned to immigration court.

• Read the letter carefully: the reason for the denial and whether you can file a motion to reopen/reconsider (Form I-290B). The deadline is usually stated in the letter, and you must not miss it.
• Under a USCIS policy from 02/28/2025, people who are removable are issued a Notice to Appear after a denial.
• Starting 08/05/2026, USCIS may deny without first requesting evidence (RFE/NOID) if required documents are missing. That is why a complete packet from the start is critically important.
• Check your current status: whether your parole, TPS and EAD are valid.

Do not refile the same application “for luck” without analyzing the reason.

Yes, if the marriage is real: the husband or wife of a citizen is an “immediate relative,” and U4U parole gives you the right to file Form I-485 inside the U.S.

• The citizen files Form I-130 (+ I-130A), and you file Form I-485 at the same time (concurrent filing).
• There is no waiting line: visas for immediate relatives are available right away.
• Immediate relatives are exempt from the bars for losing status and working without authorization, so formally you can file even after your parole has expired.
• But after the 05/21/2026 memo, an officer may count an overstay as a negative factor, and an in-person interview has effectively become the norm.

Marriage to a green card holder (not a citizen) is a different, longer category, F2A. Step by step about a marriage case – in the topic “Family.”

It depends on how they are related to you: only a husband/wife, adult children and parents of a citizen can do it quickly.

• No waiting line (immediate relatives): the husband/wife of a citizen; an unmarried child under 21; parents of a citizen who is already 21.
• With a waiting line: adult children of a citizen (F1, F3) – years; brothers and sisters (F4) – the date in the October 2026 Visa Bulletin is 10/22/2011, meaning a wait of about 15 years.
• Aunts, uncles, cousins, grandmothers and grandfathers do not have the right to sponsor.

A child born in the U.S. is a citizen, but can file for their parents only once they turn 21.

In most cases, yes, you will have to finish the process through a consulate abroad: parole is not considered sufficient status for an employment-based green card inside the U.S.

Employment categories are subject to the INA 245(c) bars, including the requirement to be in lawful nonimmigrant status. The Ukraine Immigration Task Force states directly that humanitarian parole does not qualify for this. Whether TPS can help is something lawyers call a complex and evolving question.

Approximate EB-3 timelines as of October 2026:

• PERM at the Department of Labor – about 11 months for analysis, prevailing wage – 3–4 months.
• The EB-3 line (Final Action Date) – 05/15/2024, for Other Workers – 01/01/2022.
• In total, roughly 3–4+ years.

Leaving while on parole means the risk of not being able to return. Do not leave without a plan made with an attorney.

EB-2 NIW (National Interest Waiver) lets you file a Form I-140 petition for yourself without an employer, but the criteria are high and approvals have dropped.

• You need a master's degree (or a bachelor's + 5 years of experience) or exceptional ability, and a project that is important to the U.S. on a national scale.
• The NIW approval rate, according to USCIS data as reported by law firms: 55% in FY2025, 42–55% by quarter in FY2026.
• Form I-140 fee: $715 by mail / $665 online + Asylum Program Fee of $300 for a self-petition.
• The EB-2 line in the October 2026 Visa Bulletin: Final Action Date 01/01/2025, Date for Filing 03/15/2026.

An approved Form I-140 does not give status by itself. Parolees will often have to get the green card through a consulate, meaning leaving the country. An attorney should evaluate your profile.

Yes, an employer can file PERM and Form I-140 for a parolee, but the final stage usually has to go through a consulate.

• The employer must prove that it could not find a qualified American for the position, and must pay the prevailing wage.
• Under Department of Labor rules, PERM costs are paid by the employer.
• What helps reach an agreement: stable work at the company, an honest conversation about the timeline (3–4+ years), and the employer's willingness to go through the process with a lawyer.

Be careful with “agencies” that sell EB-3 for a lot of money and promise a green card without leaving. Promises of a result are a warning sign.

Yes, you can file Form I-589, but the war in Ukraine by itself is not a basis for asylum: you need individual persecution based on race, religion, nationality, political opinion or membership in a particular social group.

• You must file within 1 year of your last entry. Exception: if you had lawful status the whole time (parole, TPS) and filed within a reasonable time after it ended.
• The Form I-589 fee is $100, and the annual asylum fee is $105 starting 10/16/2026.
• The backlog exceeds 1.4 million cases; starting 07/28/2026, an officer may refer a case to court without an interview.
• A denial can mean immigration court.

Before filing, be sure to contact a licensed immigration attorney or an accredited representative (DOJ-accredited). More details in the topic “Asylum.”

In theory, yes, if you are in lawful status when you file Form I-485, but right now this is very difficult.

• DV winners are not immediate relatives, so the 245(c) bars apply to them: your parole must be valid. The Ukraine Immigration Task Force writes that for AOS through DV you must be in the U.S. lawfully.
• Lawyers report that AOS processing for DV winners in the U.S. has been paused since 12/19/2025. We have not found an official lifting of the pause.
• The deadline is strict: the visa must be issued by September 30 of the relevant fiscal year.

About DV-2027: on 10/14/2026, a court ordered the State Department to open registration, and as of 10/15/2026 the State Department has not announced dates. Details are in the topic “DV lottery.”

It is bill H.R. 3104, which would give a green card to Ukrainians with parole, but there is no vote date, and it is moving very slowly.

• Introduced by Congressman Keating on 04/30/2025; it provides a green card for Ukrainians who were paroled into the U.S. after 02/20/2014.
• As of 10/15/2026, it is still in the House Judiciary Committee, the last action was on 04/30/2025, and it has about 39 cosponsors.
• Separately, Congress has bills on TPS for Ukraine: H.R. 10740 (10/05/2026) and S. 5490 (09/23/2026). They are also only in committee.

You should not build your plan on this law alone. You can track its status on congress.gov; you can support it with a letter to your congressman.

Yes, if you really were a victim: these programs do not depend on citizenship, but they have strict conditions.

• U visa – for victims of certain serious crimes in the U.S. who helped the police or an investigation; certification from law enforcement is required.
• T visa – for victims of human trafficking, including labor exploitation.
• VAWA – a self-petition for people who suffered abuse from a husband/wife, parent or adult child who is a U.S. citizen or green card holder.

These categories are exempt from public charge, and the May 2026 memo does not apply to AOS based on a U visa (according to ILRC). Because these cases are sensitive, contact only an attorney or an accredited nonprofit organization.

Through volunteering, no; through a church, it is possible only for religious workers under a separate EB-4 category.

• There is no separate “green card for volunteering.”
• The religious worker category requires membership in a denomination and work for a religious organization under certain conditions; the EB-4 line in the October 2026 Visa Bulletin is 12/15/2022.
• As with other employment categories, this is difficult for parolees inside the U.S.

Volunteering, taxes and work can help as positive factors in discretionary decisions, but they are not a basis by themselves. Beware of people who sell a “green card through a church.”

Yes, if you were admitted on a B1/B2 visa and your status is still valid: you can apply to change or extend your status (Form I-539 or a petition from an employer), and if you have a basis, Form I-485.

• The State Department's 90-day rule: if within 90 days after entry a person applies to change status, gets married and applies for a green card, or starts working, it may be presumed that they misled the consul. USCIS is not required to apply this rule, but it takes the timing of the filing into account.
• Working on a B1/B2 visa is prohibited.
• U4U parole is not a visa: from parole you cannot change status to F-1, H-1B or E-2 inside the U.S., only through a consulate.

Details are in the topics “B1/B2 visa” and “Work visas.”

No, waiting passively is the riskiest option.

• After your parole expires, unlawful presence starts to accrue, and with it the risk of a 3- or 10-year bar on reentry.
• On 08/11/2026, an appeals court confirmed that the government applies expedited removal to parolees; for a person whose parole has expired, the risk is real.
• The 05/21/2026 memo makes an overstay a negative factor for a future green card.
• Without a valid EAD, you lose legal work, and in many states your driver's license too.

The minimum you should do: file for re-parole and/or TPS on time, keep your I-797 receipts, carry proof of registration, and separately find out with an attorney whether you have a long-term path.

Unlawful presence is time spent in the U.S. unlawfully; if you build up a lot of it and then leave, a bar on returning applies.

• More than 180 days but less than 1 year, then departure – a 3-year bar.
• 1 year or more, then departure – a 10-year bar.
• The bar is triggered only after you leave; time before age 18 is not counted.
• For parolees, as a general rule, it starts to accrue after the parole period ends.

That is exactly why the consular path (EB-3, the lottery, marriage with departure) can end in a bar for a person with an overstay. Waivers exist for some relatives of citizens, but they are filed with an attorney.

Just the basic USCIS fees for a family-based green card (I-130 + I-485) are from $2,015 online or $2,115 by mail per person, without an attorney or medical exam.

• I-130: $675 by mail / $625 online.
• I-485: $1,440 / $1,390 online; a child under 14 filing with a parent – $950 / $900.
• I-765 together with a paid I-485: $260.
• I-131 advance parole: $630 / $580.
• I-864: $0. The I-693 medical exam with a civil surgeon is paid separately.
• I-140 for employment: $715 / $665 + Asylum Program Fee of $600 ($300 for a small employer or a self-petition).
• Removing conditions, I-751: $750 / $700.

These basic fees did not change on 10/16/2026. Always check current amounts against USCIS G-1055; an application with the wrong amount will be rejected.