The U.S. Department of State has recently released its updated guidance specifically for Ukrainian nationals, which explains nonimmigrant, immigrant visa options as well as alternatives to visas.

Nonimmigrant visas

Nonimmigrant visas (NIV) are used for temporary stays in the United States. They are not the correct tool to begin an immigrant, refugee, or resettlement process in the U.S. In order to obtain a nonimmigrant visa, you need to demonstrate intent to leave the U.S. after a defined period of time and return to your residence abroad. As a Ukrainian national, you can apply for a nonimmigrant visa at any consulate where you are physically present and where there are available appointments.

A full list of embassies and consulates is available here. Due to the influx of applicants in the recent weeks in addition to the already existing backlog of cases due to COVID-19, it may be challenging to secure an appointment. Interview wait times have increased drastically. If you are successful in scheduling an appointment but the wait times are too long, you can request an expedited appointment if you can demonstrate urgent circumstances that justify your request.

If you have already paid the MRV application fee in Ukraine but wish to apply for an NIV in another country, you will need to pay the fee again. You should note that visa fees paid to apply in a specific country cannot be transferred to another country. If you have already paid the visa application fee in Ukraine, you cannot use that payment in a different country and must pay a new visa fee.

Immigrant Visas

Immigrant visas are for foreign nationals who intend to relocate permanently to the United States. In most cases, a relative or employer sponsors the individual by filing a petition with U.S. Citizenship and immigration services (USCIS).

Tips for IV cases:

• IVs (other than adoption cases) for Ukrainian nationals will be processed at the U.S. Consulate in Frankfurt, Germany. This includes Diversity Visas and K-1 visas.

• IV and DV applicants who already have been scheduled for appointments in Frankfurt or Warsaw may request their cases be transferred to another post. To do so, the applicant should contact the alternate post to request a case transfer, and the transfer is contingent upon the alternate post’s acceptance of the case.

• IV and DV applicants who have not yet been scheduled will be automatically reassigned to Frankfurt and will be notified once their appointment is on the calendar.

• Unscheduled Ukrainian DV applicants who need to interview outside of Frankfurt can send requests to: KCCDV@state.gov.

• DOS directs applicants to contact the following email address for questions aboutUkrainian IV and fiancé visa cases: KyivIV@state.gov.

Requesting Expedited Processing of I-130 Petitions

If you filed a Form I-130 petition with USCIS and it has not yet been approved, you may apply with USCIS to request an expedite due to emergent circumstances. There is also a USCIS helpline if you are an active U.S.military member.

Local File Option for Certain I-130 Petitions with U.S. Citizen Petitioners

If you are a U.S. citizen who is physically present overseas with your immediate family members and have not yet filed an immigrant visa petition with USCIS, you may request to locally file an I-130 immigrant visa petition at the nearest U.S. embassy or consulate that processes immigrant visas. This applies only to U.S. citizens physically present in that consular district and filing petitions for their spouses, unmarried children under 21, and parents who have fled Ukraine. You can email the U.S. consulate if you believe you can file an I-130 petition locally.

NOTE: If you do not fall in the immediate relative category of a U.S. citizen, you cannot use this option. For example, if you are a brother or sister of a USC, you may not use the local filing of I-130.

Requesting Expedited Immigrant Visa Processing from National Visa Center (NVC)

If you already have received approval of your I-130 petition from USCIS, but have not yet been scheduled for an appointment in Frankfurt, NVC may be able to expedite processing of your case.

NOTE: This expedite option does not apply to immigrant family preference categories where your case’s priority date is not yet current. So, if you are a brother or sister of a USC and you are still waiting in line for your priority date to become current, this new expedite process will not help get you in front of the line.

Transferring Immigrant Visa Cases from Embassy Kyiv

If you had an immigrant visa case pending with U.S. Embassy Kyiv that was not an adoption case, it has been transferred to Frankfurt. If you would like to transfer processing of an immigration case to another U.S. embassy or consulate, please contact the receiving U.S embassy or consulate’s Immigrant Visa Unit in that country to request a case transfer. The Embassy will have a list of requirements which must be satisfied in order to begin the transfer process.

Adoptions

Adoption cases as well as A and G diplomatic and official visas will be processed at the U.S. Embassy in Warsaw, Poland.

This resource addresses adoptions and intended adoption at various stages of the process and provides guidance on whom to consult and clarifications on the department's potential role and ability to assist.

COVID-19 Entry Requirements

The U.S. DHS has amended the national interest exception from Presidential Proclamation 10294, which allows certain Ukrainian travelers to the United States to enter without showing proof of COVID-19 requirements.

Humanitarian Parole

Parole is a program run by the DHS that allows an individual, who may not be in a possession of a valid visa or otherwise inadmissible to be admitted to the United States for a temporary period for urgent humanitarian reasons or significant public benefit

It is not meant to replace a visa process. However, for urgent humanitarian reasons and when obtaining a visa is not feasibly possible, there is a humanitarian parole process.

Refugee Status and Asylum

Almost all refugee cases in countries abroad are processed by local authorities or the United Nations Refugee Agency (UNHCR). Ukrainians should not attempt to apply for visas in order to travel to the United States as refugees. Instead, they should contact local authorities or UNHCR for refugee processing. Additionally, USAID’swebsite has information for Ukrainian refugees.

The International Organization for Migration (IOM)’s Resettlement Support Center (RSC) Eurasia is continuing limited operations from Kyiv and from the sub-office in Chisinau, Moldova. At present, RSC Eurasia is not conducting any in-person activities, nor scheduling any departures, from Kyiv. The sub-office in Chisinau can arrange departures for approved Ukrainian applicants who have completed all U.S. Refugee Admissions Program (USRAP)processing requirements and are physically outside of Ukraine.

Both U.S. Consulate’s websites in Poland and Germany provide extensive information to Ukrainian Nationals on visa processing. You should contact local U.S. consulates where you are currently located to determine which resettlement options or visa options may be available to you.

If you have an immigration case that you need help with, feel free to consult our office.