In February 2022, the President of Russia, Vladimir Putin, ordered his army to invade Ukraine. His goal in executing his abrupt invasion was to stop Ukraine from joining the Western defensive alliance with NATO.
Sadly, Putin’s move displaced over 5 million people who were forced to run away from the violence and bloodshed by the Russian forces. This act of war made not just Ukrainians but also several Russians flee their homes, seeking asylum, TPS, and refuge in the U.S. Different immigration options exist that displaced Ukrainian refugees seeking protection may employ to obtain legal U.S. immigration status. Continue reading this blog to find out.
Immigration Options for Ukrainian Refugees Seeking Protection in the U.S.
A Ukrainian displaced refugee seeking protection in the U.S. has different immigration options they can pursue. These options can be long-term or short-term and are available based on whether the refugee has entered the U.S. or is still in their country. They include the following:
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Applying for a B-2 or B-1 Visitor Visa
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Applying for refugee status abroad
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Applying for asylum
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Applying for TPS (Temporary Protective Status)
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Applying for particular visas with the USCIS (United States Citizenship and Immigration Services)
Options for Ukrainians in the Country
For Ukrainian citizens in the U.S., be it lawfully or after overstaying their visa, various options are available to safeguard their status and stay longer than they originally planned. These options include the following:
Temporary Protective Status
One pathway for continuing to stay in the country if you are from Ukraine is applying for TPS. This status is contingent on the Secretary of Homeland Security. The secretary has the discretion to choose a foreign nation for TPS because of the conditions in that nation that temporarily bar the country’s citizens from traveling back safely. Alternatively, in some cases, the secretary will grant TPS where the foreign nation cannot handle the return of its citizens adequately.
The Secretary of Homeland Security will designate a nation for a Temporary Protective Status if these temporary circumstances have been reported:
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An epidemic or environmental disaster
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Ongoing armed conflict
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Other temporary and extraordinary conditions
TPS permits any Ukrainian already physically present in the U.S. on 1st March 2022 to continue staying in the country for 18 months. That means that irrespective of your status in the United States, whether illegal or legal, you qualify to apply if you were already in the country on 1st March 2022. The advantages of a Temporary Protective Status include the following:
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Employment authorization. If you are a Ukrainian citizen on TPS, you can seek work authorization in the U.S.
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Protection from removal during the Temporary Protective Status period
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You can be issued a Social Security number
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Access to travel documents. You can also seek travel authorization
It is worth repeating that your current immigration status does not matter. The only thing that matters is that you were in the country by 1st March 2022. If you satisfy these basic conditions as a Ukrainian, you can seek TPS immediately.
Immigration attorneys often strongly recommend that anyone in the United States from Ukraine at least apply for TPS before considering other options. Afterward, they can look at the alternatives to see whether any may apply.
Political Asylum and Eligibility
Another option for Ukrainian refugees who have fled their country is seeking political asylum. This is also an option for Ukrainian citizens already in the country. To qualify for asylum, you must already be present in the country, and you must be able to prove the following:
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You are requesting protection because you have personally faced torture or persecution, or you will be persecuted or tortured if you return to Ukraine.
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You credibly fear being subject to persecution or torture contingent on a protected class, like nationality, religion, race, political opinion, or membership in a specific social group.
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You can point out a group of individuals or the specific party that would persecute or torture you.
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The government is unwilling to or cannot control the possible persecutors, or the government itself is the persecutor.
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Prove how you have known all these things to be true
For an asylum application to be approved, you must provide enough evidence regarding the persecution you suffered or a well-founded fear of it. You must submit your asylum application within 12 months of your last entry into the United States. However, there are various exceptions to this rule.
One of the exceptions includes changed country conditions that trigger a fear of torture or persecution now, when none existed before. Another exception is if you wish to maintain your legal immigration status. You can include your children and spouse in your asylum application.
If you submitted your application more than a year after your entry and are not eligible for any exception, an advantage less than political asylum might be available. Examples of these options include relief under the Convention Against Torture and withholding of removal. These options do not result in permanent residence like political asylum does. However, they enable indefinite work authorization and protection against deportation.
Applying for or having TPS will not clash with a political asylum application. However, unlike TPS, having asylum status can result in lawful permanent residence (United States green card) and eventually United States citizenship. However, asylum approval depends highly on individual circumstances. Fleeing a country of war and conflict does not suffice in itself. You must prove you were pinpointed for persecution.
For example, if the Russian government were to take over Ukraine successfully, someone who would be a famous and vocal Putin opponent (like an activist) would have a valid reason for seeking asylum. The same applies to someone who was in Zelensky’s government. That is because these people can demonstrate the key link between who they are and being targeted for persecution.
In a broader perspective, you may argue that the Russian government is committing war crimes and genocide in Ukraine, and the Ukrainian government cannot provide adequate protection. Many Ukrainians have used this argument successfully in the United States immigration courts. However, it is not guaranteed to work for each case.
If you are a Ukrainian citizen and believe you qualify for asylum, talk to a lawyer immediately. Some lawyers offer low-cost or free services to Ukrainian citizens. Do not delay, as there is a deadline.
Change or Extension of Status
If you are present in the United States and have legal status, it is more likely, given the circumstances, that the USCIS would grant an extension or change of status. This is so you do not have to travel back to Ukraine. Legal statuses include B-2 visitor, H-1B professional worker, and F-1 student.
Safeguarding Your Current United States Immigration Status
As a Ukrainian, sticking to your current visa's rules is most probably the least of your concerns when in the middle of a war. However, not obeying those rules may jeopardize your capability to stay in the country. The good news is that the U.S. government provides ways to be flexible in what to expect.
For example, say you are a Ukrainian student without family support. In this case, you can request that the USCIS decide quickly on your request to secure off-campus work authorization. Off-campus work authorization is an option for F-1 students with severe economic hardship. The USCIS has permitted some deviation from the established rules for Ukrainian students in the U.S. so that they can, for example, lower their course load and work more.
You may be permitted to seek the extension late if you have overstayed your visitor visa or other non-immigrant visa, and the ongoing war made you unable to seek an extension promptly.
Short-Term Options for Ukrainians Still Seeking to Leave Their Country
Ukrainian nationals seeking to leave Ukraine have various short-term options to enter the United States. These include the following:
Refugee Status Overseas
If you want to flee Ukraine, you can seek refugee status. To be deemed a refugee, a person must obtain a referral to the USRAP (United States Refugee Admissions Program). The U.S. law defines a refugee as someone unwilling or unable to travel back to their country of origin due to a credible fear of persecution because of the following:
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Political opinion
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Membership in a specific social group
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Race
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National origin
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Religion
The requirements for refugee status are similar to those for an asylum application. Applicants may also include their children and spouse in their application for refugee status.
Humanitarian Parole and Its Termination
When the United States withdrew its presence in Afghanistan in 2021, what followed was a devastating crisis. The U.S. government then established Humanitarian Parole, which was particularly available to the Afghans then. Humanitarian parole was also available for Ukrainian nationals via the “Uniting for Ukraine” program before the 2nd Trump Administration ended it.
Established in 2022, the “Uniting for Ukraine” program was another possible pathway for Ukrainians and their immediate family members looking for a chance to flee from the conflict in Ukraine to enter the United States. The program provided a provisional two-year stay for Ukrainians, permitting them to settle and work in the country.
Through this program, Ukrainian citizens applying to enter the United States had to do so with a financial sponsor. The sponsor could be an individual or group in the United States devoted to supporting the Ukrainians after landing there. Apart from having a sponsor, there are other eligibility requirements. The applicant had to:
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Be outside the United States
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Have resided in Ukraine immediately before the war—Feb 11, 2022
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Have a legitimate Ukrainian passport
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Successfully pass biometric and biographic security checks
The requirement to have a Ukrainian passport applies solely to primary Ukrainian applicants. Applicants’ non-Ukrainian immediate family members, like underage (twenty-one or below) children or spouses, would also qualify. Children below eighteen years were to be in the company of their guardian or parent.
The initial duration for humanitarian parole was a maximum of two years. However, qualifying Ukrainians could seek re-parole. Re-parole would extend their stay in the country.
An advantage of humanitarian parole is that the UHPs (Ukrainian Humanitarian Parolees) could qualify for resettlement benefits and assistance. This included food assistance, health insurance, and cash assistance, based on the facts surrounding the case.
The “Uniting for Ukraine” program is closed for new applicants, and those who entered the country through it are still uncertain of their fate. That is because the program does not provide an option for permanent residency. Without clear direction from U.S. immigration, many Ukrainians wonder about their future.
Long-Term Options for Ukrainians Still Seeking to Leave Their Country
If you are a Ukrainian national still seeking to leave your country, you can also pursue long-term options to enter the United States. Now that the United States embassy in Ukraine has resumed its operations after being closed down due to the war. These options include the following:
Employment-Based Options
You can apply for employment visas like the L-1, H-1B, etc. United States employers can assist by offering visa sponsorships and positions to needy Ukrainians.
Investor Visa
If you have the monetary means to establish a business in the U.S., you might be eligible for an investor visa. Generally, you must invest significantly in a new United States company or purchase an existing company. The business need not be marginal. However, it must make or have the capacity to make an economic impact.
Usually, it necessitates an investment of $100,000 or higher (though in certain instances, the authorities can consider lesser investments). Then, the investment must generate over a minimal income for the investor. You must risk your finances and maintain more than 50 percent ownership of the company.
Family Visas
You may qualify for a family visa if you have a parent, children under twenty-one, or a spouse in the country as a lawful permanent resident or citizen. Family visas typically take years to complete and necessitate processing by United States agencies before they even reach a United States consulate or embassy. However, the crisis experienced in Ukraine has made the United States speed up these family visas for humanitarian purposes as millions of people flee Ukraine.
Visitors Visas
No special program exists for Ukrainian citizens in Eastern Europe to enter the country. Thus, if you are in this category, you must obtain a visitor's visa to enter the United States. B-2 or B-1 visas necessitate an interview with an officer at a United States consulate. Eastern European Consulates are presently speeding up applications for these visas for Ukrainian citizens. The United States embassies in Eastern Europe have permitted applicants to choose a special appointment category for a sped-up interview.
One of the challenges you may experience as a visitor visa applicant is the requirement to prove your visit will be temporary and that you have a home you do not mean to abandon. Because the entry is often restricted to 6 months. However, the United States embassies have shown that this condition might not be as strict for Ukrainians, although it is still a requirement.
It is believable that the visa applicants can show an intent to live in the U.S. temporarily by proving a desire to travel back home after everything settles. However, it is uncertain as to the period the war will last. Therefore, if applicants can demonstrate support from a U.S. friend or U.S. family using a letter of support, it will strengthen the chances for approval. Applicants will have to undergo a security screening and show that they possess a clean immigration record in the past.
How Individuals In the United States Can Offer Support to Ukrainian Refugees
As a United States citizen, you may be willing to rescue one of the Ukrainian refugee families in person or join the fight. While this may be the case, supporting various NGOs (nongovernmental organizations) and agencies equipped for and expert at helping in these situations is more effective and productive. While at it, advise your government representatives of your wishes and opinions.
Your charity of choice may already be assisting in a specialized way. Or you may opt to support any of the leading organizations that have been providing more significant kinds of help in Ukraine, for example:
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CARE
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UNHCR
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THE Ukrainian Red Cross
And if you can contact anybody in Ukraine, attempting to call them and extend your support is understandable. The support could be financial, or you could direct them to powerful information sources.
Find an Experienced Immigration Attorney Near Me
The present condition of Ukraine is indeed hazardous and treacherous. However, if you are Ukrainian, you should find solace in knowing there are means to flee from the uncertainty of events and enter the U.S., where you will be safe. Knowing these options and understanding the U.S. immigration laws will help you make informed decisions.
At California Immigration Attorney, we can help you assess all the options for remaining in or entering the United States. Additionally, the U.S. immigration laws are intricate, and we can help you interpret them. We will fight to ensure a positive outcome for your case. If you are anywhere in California and need help staying in the country or acquiring legal status, call us at 424-789-8809. We will schedule a free consultation with one of our skilled immigration lawyers.