Under what conditions can Ukrainians now enter the United States: useful advice from the State Department

Now State Department does not offer visa services in Ukraine, but shares information on what visa options or alternatives Ukrainians might consider.

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It is important to note that a visa is not a way to secure the resettlement of refugees in the United States.

Nonimmigrant a visa

Nonimmigrant visas are for temporary stay in the US. They are not a suitable tool for starting the immigration process, obtaining refugee or resettled status. If you are applying for a nonimmigrant visa but cannot demonstrate an intention to leave the United States after a certain period of time to return to reside abroad, the consular officer will deny your application.

All B1/B2 visa applicants are assumed to be potential immigrants and therefore not eligible for a nonimmigrant visa unless they can prove otherwise.

Nonimmigrant visa applicants may apply at any embassy or consulate where they are physically present and where meetings are possible.

A complete list of embassies and consulates is available at link.

As a result of the COVID-19 pandemic, applicants may experience extended visa interview wait times at some embassies and consulates.

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Once an interview is scheduled, applicants will have the option to request an expedited appointment, but must describe the unique circumstances that justify such a request.

In addition, due to the war in Ukraine, now all people applying for a tourist visa have the opportunity to note that they are refugees from Ukraine. A separate column for Ukrainian refugees appeared in the form. This allows Ukrainians to obtain a non-immigrant visa with immigration intent.

Immigrant visas

Immigrant visas are for foreign nationals who intend to permanently live and work in the United States.

More information about immigrant visas can be found at link.

The US Consulate General in Frankfurt, Germany is the designated point of processing for all immigrant visa applications for Ukrainians, except in cases of adoption.

All new applications will be processed at the US Consulate General in Frankfurt. Adoption cases are handled at the US Embassy in Warsaw, Poland.

I-130 Petition for Alien Relative Expedited Petition Request: If you have filed a Form I-130 with the United States Citizenship and Immigration Services (USCIS) and it has not yet been approved, you can file with USCIS request for acceleration.

There is also USCIS help lineif you are an active member of the US military.

Filing I-130 by U.S. Citizens

If you are a U.S. citizen who is physically overseas with your immediate family and has not yet applied for an immigrant visa with USCIS, then you can request a local I-130 filing at the nearest U.S. embassy or consulate that processes immigrant visas. This only applies to U.S. citizens physically present in this consular district and petitioning for their spouses, unmarried children under 21, and parents who have left Ukraine.

Requesting Expedited Immigrant Visa Processing at the National Visa Application Center (NVC)

If you have already received approval of your I-130 petition from USCIS but have not yet been scheduled to meet in Frankfurt, NVC may expedite the processing of your case. For more information about NVC cases visit website.

Transfer of cases on obtaining an immigrant visa from the embassy in Kyiv

If you had an immigrant visa case pending at the US Embassy in Kyiv that was not an adoption case, then it was transferred to Frankfurt. The adoption cases were transferred to Warsaw. If you wish to transfer the processing of an immigration case to another US embassy or consulate, contact the Immigrant Visa Section of the host US embassy or consulate in that country to request a transfer of the case. The Embassy will provide a list of requirements that must be met in order to start the transfer process.

Referral of Immigrant Visa Cases from the National Visa Application Center (NVC)

Immigrant visa applicants who receive an NVC case number and provide all supporting information to become "documented qualified" will receive an appointment notice in Frankfurt, Germany in the coming months. For those who have not yet been scheduled for an interview, but who would like to relocate their case to a location other than Frankfurt, please follow the instructions on link.

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Adoption

The Department is actively working with adoption service providers (ASPs) to provide guidance and answer questions during this critical time.

For additional information for US citizens who are in the process of adoption in Ukraine, see the link. This resource looks at adoptions at various stages of the process, as well as guidance on who to consult and clarifications on the potential role and capabilities of the Department of Assistance.

Prospective adoptive parents should consult with their ASP about how the crisis in Ukraine may affect their adoption plans.

Requirements due to COVID-19

The U.S. Centers for Disease Control and Prevention (CDC) has, in its sole discretion, allowed certain individuals from Ukraine to enter the United States without being tested for COVID-19. Additional information on link.

The U.S. Department of Homeland Security (DHS) has made an amendment that allows certain Ukrainian travelers to the United States to enter without qualifying due to COVID-19. For more information, visit the DHS website at link.

Humanitarian conditional release

Conditional release is a program administered by the Department of Homeland Security (DHS) that allows a person who may be inadmissible or otherwise ineligible to enter the United States to remain in the United States for a temporary period for urgent humanitarian or important public reasons.

It is not intended to replace the visa process. Anyone can apply for a humanitarian conditional release. Additional information and instructions are available at link.

Those who wish to apply for humanitarian parole should contact USCIS directly.

Refugee status

Almost all refugee cases in foreign countries are dealt with by local authorities or the United Nations Refugee Agency (UNHCR). Ukrainians should not attempt to apply for a visa to travel to the United States as refugees.

Instead, they should contact their local authorities or UNHCR to apply for refugee status. Additional information can be obtained from UNHCR: https://help.unhcr.org, including information on non-governmental organizations that can provide further assistance. In addition, on United States Agency for International Development (USAID) website there is information for Ukrainian refugees.

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The Resettlement Support Center (RSC) of the International Organization for Migration (IOM) continues limited work from Kyiv and from the branch in Chisinau (Moldova). Currently, RSC Eurasia does not carry out face-to-face events and does not plan flights from Kyiv. We encourage applicants who are at risk to seek safety and shelter wherever possible. The Chisinau Suboffice can arrange departure for approved Ukrainian applicants who have completed all US Refugee Admissions Program (USRAP) requirements and are physically outside of Ukraine.

If you had an active USRAP case with RSC Eurasia, then your case remains active and processing continues to the extent possible. The current security situation in Ukraine will not affect the USCIS decision or the overall consideration of the case. However, some resettlement processing activities may be delayed. Applicants who were under consideration in Ukraine and changed their location or left the country should write to RSC Eurasia and provide their new location and contact information.

Local Resources

European partners offer many resources for people displaced by the war in Ukraine. Ukrainians should consult with local authorities in their current location to determine what may be available when considering resettlement options.

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