Entering under United for Ukraine with a pending I-130?

[texastincup 52]

I just consulted with a lawyer via justanswer.com on this question and he said the United for Ukraine entry would not have any effect on the I-130 CR-1 and CR-2 that are due to be evaluated by the NVC on June 15th. I did not expect it to cause a problem but I am nearing the end of the I-130 and I'd prefer to be certain.

 

The lawyer did wonder about the effect the I-130 might have on the approval under the United for Ukraine (UFU) program. 

 

My goal is to bring my wife and daughter to the USA and to flu them to Frankfurt for the medical and the interview once they are scheduled. We have medicals scheduled for July 5 but I would probably delay both the medical and interview so the entry (on the I-130s) will occur after Nov 20 2022 so they will be IR-1 & IR-2 rather than CR-1 & CR-2.

 

Does anyone here have any thoughts about this plan?

 

1. Will an application under United for Ukraine have an impact on the I-130?

2. Will a pending I-130 have any impact on the CBP entry with the UFU travel authorization? I don't think there would be a presumption of remaining in the USA since this is a two year stay entry.

3. Will a pending I-130 prevent me from getting the UFU approved? This is the one I worry least about since there is no cost in applying for it.

 

Thanks in advance.

[S9471 60]

Well, I-130 is already immigrant intent, so you're really not convincing anyone that U4U is temporary for you - plus, two years parole is likely within the boundaries of I-130 processing (seems like you are close already). hard to tell if one will impact the other, but it might be perceived as trying to cut in line (this is me hypothesizing - it's all up to USCIS/CBP to determine).

 

Your bigger concern should be travel. AFAIK parole is one entry - you are paroled into the US, and then live here for the dureation of u4u... so if you/your family leave, you might need a new travel document to re-enter.

[Family 3,513]

If your U4U is for the IMMEDIATE safety of your wife and child, then full speed ahead and go for it. Once here , you can file I-485 for both and strategize around the timing of approval to be after your 2 year marriage anniversary. You will not need to file new I-130. 
 

If your primary concern is to delay entry to US til the 2 year anniversary, then waiting out the current process is likely your best strategy. 
 

 

[Boiler 43,543]

On here the majority of U4U have immigrant intent and before that those paroled in through Mexico. I would assume most will go for Asylum if they do not have other opportunity.

 

Now if you are close an immigrant visa is obviously better, no harm having both going and then taking a view.

[texastincup 52]

Thank you each for responding. As I mentioned, my main concerns are the U4U not interfering with my current I-130 progress, and entering under humanitarian parole with a CR-1 pending. It sounds like neither of those are a problem. 

 

I do have a concern about my wife and daughter living in Ukraine at this time, although they are in Vinnytsia. I learned today there is no diesel available in town because a local refinery was bombed. If the area around the city is being bombed, that is reason enough to leave if that is an option. 

 

@Family- Thanks for the I-485 suggestion. I will look into that but I will probably just finish out the IR-1 & IR-2 that are near completion. It does provide backup if the U4U creates a problem with the NVC, and the cost of the I-485 is cheaper than a flight and medical in Frankfurt.  

[S9471 60]

Also keep in mind that the experiences on this forum are subjective and often speculative - that is, what worked for some won't work for othrs all time. When in doubt, call USCIS and clarify to get an authoritative answer..

[Boiler 43,543]

4 minutes ago, S9471 said:

Also keep in mind that the experiences on this forum are subjective and often speculative - that is, what worked for some won't work for othrs all time. When in doubt, call USCIS and clarify to get an authoritative answer..

The misinformation line?

[S9471 60]

16 minutes ago, Boiler said:

The misinformation line?

I mean, your mileage may vary, but at least it's a formal answer 😅

[Boiler 43,543]

2 hours ago, S9471 said:

I mean, your mileage may vary, but at least it's a formal answer 😅

Tier 1 are contracted out reading from a script who may not be reading from the right script.

 

You have a better chance with Tier 2 but if you want more certainty seek competent legal advice