03/07/2022
Ukraine – Immigration Update
The Department of State has suspended consular operations in Kyiv and Lviv.
Immigrant visa applications, including Diversity Visas (visa lottery) and K-1 Visas (fiancée visas) are now being processed at the U.S. Consulate in Frankfurt, Germany. Both Frankfurt, Germany and Warsaw, Poland, have been designated posts for Immigrant Visa applications for Ukrainian nationals.
Anyone who has an I-130 immigrant petition pending for the spouse, parent or unmarried under 21 child of a U.S. citizen, or the spouse or under 21 child of a Legal Permanent Resident can submit a request to USCIS to expedite those petitions. Persons with pending Fiancée petitions I-129F can also request the petition to be expedited.
https://pl.usembassy.gov/visas/humanitarian-assistance-and-visa-information-for-ukrainians/
https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-processing-posts-for-visa-applicants-from-Ukraine.html
Nonimmigrant visas – persons applying for Nonimmigrant Visas may apply as Third Country Nationals in any country in which they are a resident or physically present. Each U.S. embassy or consulate has their own specific requirements, so persons applying for a Nonimmigrant Visa should check the requirements at the embassy or consulate at which they intend to apply. Anyone who already paid the MRV application fee in Ukraine and now wishes to apply for a Nonimmigrant Visa in a different country must pay a new visa fee.
The U.S. Embassy in Poland has up-to-date information regarding visa processing for both Immigrant and Nonimmigrant visas on their webpage. https://pl.usembassy.gov/visas/humanitarian-assistance-and-visa-information-for-ukrainians/
Nonimmigrant visas are for temporary stays in the U.S. and not for refugees. The U.S. Embassy in Poland has advised that refugee cases abroad are processed by the local authorities, in this case the government of Poland. The consular posts have stated that if an applicant for a nonimmigrant visa does not intend to leave the U.S. the visa will be denied. U.S. Customs will also make the same admissibility determination at the port of entry in the U.S.
For Ukrainian Nonimmigrant Visa applicants with no immediate U.S. Citizen family members, the availability of visas and the wait and processing times will probably be lengthy.
COVID-19 Testing and Vaccination Requirements
Information regarding the requirements for COVID-19 testing and vaccination for citizens of Ukraine cand be found on the websites of the U.S. Embassy in Ukraine and on the CDC website.
On February 15, 2022, the Secretary of Homeland Security, in consultation with the Centers for Disease Control and Prevention (CDC), determined that it is in the national interest to temporarily permit the entry of noncitizen nonimmigrants who (1) are traveling with a U.S. citizen or lawful permanent resident; (2) were physically present in Ukraine as of February 10, 2022; and (3) possess valid travel documents allowing them to travel to the United States.
https://ua.usembassy.gov/message-to-u-s-citizens-certain-persons-may-travel-from-ukraine-to-the-united-states-without-a-pre-departure-covid-19-test-or-proof-of-vaccine/
https://www.cdc.gov/quarantine/fr-proof-negative-test.html
Humanitarian Parole
In some instances, someone who cannot qualify for a visa to the U.S. may be eligible for Humanitarian Parole. Humanitarian Parole can be granted by USCIS is there is a compelling emergency and there is an urgent humanitarian reason or significant public benefit to allowing the person to temporarily enter the U.S.
https://www.uscis.gov/forms/explore-my-options/humanitarian-parole
The Difference Between a Refugee and an Asylee:
As stated by the U.S. Department of State, U.S. Embassy in Warsaw, Poland, refugee cases abroad are first processed by local authorities, such as the government of Poland. The U.S. embassies and consulates are not processing refugee cases; there are no immigrant or nonimmigrant visas available for refugees.
To request asylum, a person must be physically present in the U.S. (or at the U.S. border), make the request for asylum, and demonstrate that they have been persecuted or have a well-founded fear of future persecution, the persecution is by their government or a group their government is unable or unwilling to control, that the persecution is because of their race, religion, nationality, political opinion, or membership in a particular social group, and that internal relocation within the country is not possible. The U.S. embassies and consulates do not accept applications for asylum abroad outside the U.S.
Lautenberg Amendment
The Lautenberg Amendment is a special program which supports the resettlement of certain religious minorities facing persecution. The program was renewed in 2021 but the deadline to apply was September 30. The program has yet to be reauthorized for 2022.
Temporary Protected Status
Temporary Protected Status (TPS) was recently announced for Ukrainians who are already present and living in the U.S. on March 1, 2022. For Ukrainians physically in the U.S. on March 1, 2022 or before, TPS has been granted for a period of 18 months. The TPS announcement will be published in the Federal Register soon, which will include the dates of the initial registration period and instructions on how to apply. Generally, a person applying for TPS will need to provide documentation that they are a citizen or national of Ukraine (or if the person is stateless, that Ukraine was the last country of residence), documentation to prove they have been living in the U.S. since on or before March 1, 2022 (March 1 inclusive). Anyone who has been convicted of two misdemeanors or one felony is not eligible for TPS.
