Immigration Update: U.S. Immigration Options for Ukrainian Nationals

In addition to the 3.2 million Ukrainians who have fled Ukraine, the United Nations reports that there are more than 6.5 million Ukrainians internally displaced within the country. The United States’ policies and practices with respect to inbound immigration options continue to evolve as the situation in Ukraine changes. Current inbound-U.S. immigration options include:

Options for Ukrainians Present in the United States

  • Extension of Stay or Change of Status
    Ukrainians who are already physically present in the U.S. as visitors or in some other nonimmigrant visa category may be eligible to extend or change their status in the country if they meet certain eligibility requirements for taking such steps.
  • Temporary Protected Status
    On March 3, 2022, the U.S. Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.
  • Asylum Applications
    Ukrainian nationals in the U.S. or at the U.S. border may consider applying for asylum.

Options for Ukrainians Outside of the United States

  • S. Department of State’s Addition of Ukrainians as a Homeless Nationality Supports Ongoing Immigrant Visa Processing
    On March 2, 2022, Ukrainians were formally added to the U.S. State Department’s list of Homeless Nationalities.
  • Standard Nonimmigrant Visa Options for Ukrainians
    At the time of publication, the U.S. embassy and consular services have suspended operations in Kyiv. Ukrainian nationals who have planned to come to the U.S. on a temporary, nonimmigrant visa may be able to attend visa interviews at other U.S. consulates.
  • Refugees
    Ukrainian nationals may qualify for refugee status while they remain outside of the U.S.
  • Humanitarian Parole
    Parole allows an individual who may be inadmissible or ineligible for admission into the U.S. to be in the U.S. for a temporary period.

For the full alert, visit the Faegre Drinker website.