Allen C. Ladd, P.C. 

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U.S. Immigration Options for Ukrainian Nationals

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If You Are in the USA . . .

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• Temporary Protected Status:  You may apply until October 19, 2023.  TPS is temporary protection from deportation.  Work permit and Social Security number.  

  • https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-ukraine

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• Asylum:  You must prove you are afraid of persecution and loss of your human rights, in Ukraine.  Work permit and Social Security number.  Apply for permanent residence one year after approval. 

  • https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum

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• E-2 investor/entrepreneur visa:   You may apply for an "upgrade" from your B-2 visitor visa status, or apply through a US consulate/embassy overseas.  Work permit and Social Security number for investor and spouse.  

  • https://www.ustraveldocs.com/pl/en/nonimmigrant-visa

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• Permanent residence:  You may apply if you have: close (US) family ties or marriage; career achievement + US national benefit of your services ("NIW" petition).  Work permit and Social Security number for you and family.  

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• If in removal (deportation) proceedings (Immigration Court):  May apply for Asylum, may have other possible remedies.  You MUST attend all hearings!

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• T visa, for victims of human trafficking, and U visa, for victims of violent crime:  Work permit and Social Security number.  May later apply for permanent residence.

  • https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crime

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If You Are Not in the USA . . .

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• “Uniting for Ukraine” program (April 25, 2022):  US-based sponsors for Ukrainians to come to the USA on humanitarian travel permits.  Work permit and Social Security number.  

  • https://www.uscis.gov/humanitarian/uniting-for-ukraine

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• Visitor visa:  Must apply at a US consulate/embassy overseas.

  • https://www.ustraveldocs.com/pl/en/nonimmigrant-visa

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• E-2 investor/entrepreneur visa:   Must apply at a US consulate/embassy overseas or in Canada or Mexico.  Work permit and Social Security number for investor and spouse. 

  • https://www.ustraveldocs.com/pl/en/nonimmigrant-visa

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• Refugee resettlement:  Protection from persecution and loss of human rights.

  • https://www.uscis.gov/humanitarian/refugees-and-asylum/refugees

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• Permanent residence:  Based on a job offer ("PERM" labor petition), or marriage, or fiancé/fiancée engagement, or past achievements + US national benefit of your services ("NIW" petition).    

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• Department of State information:

  • ​https://travel.state.gov/content/travel/en/News/visas-news/information-for-nationals-of-Ukraine.html

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Summary:  Available only if noncitizen spouse entered the USA legally.  US citizen and noncitizen spouse residing together in the United States submit a "3-layer" application package to U.S. Citizenship and Immigration Services (USCIS).

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Advantage:  Much shorter processing times than "3-act" immigrant visa process.  Remain in USA at all times.

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Also:  Noncitizen may receive work permission (and Social Security Number) while waiting for interview to be scheduled.

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The 3 layers:

• US citizen's Petition for Alien Relative (Form I-130) and supporting evidence.

• Noncitizen's Application to Adjust  Status (Form I-485), work/travel permit applications, and supporting evidence.

•  US citizen sponsor's Form I-864 affidavit of financial support and supporting evidence.

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Final decision by:  USCIS local office near place of residence.

Not available if:  Noncitizen entered US without being inspected at US checkpoint or other port of entry.

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Waivers:  Certain (but not all) grounds of disqualification may be overcome, through a "waiver" process (Form I-601).  Proof of exceptional hardship to US citizen spouse, with extensive supporting evidence. 

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Waivers possible if disqualified due to immigration fraud, simple possession marijuana/hashish, convictions for certain offenses, medical issues.

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Summary:  For cases of noncitizen spouse who entered the USA unlawfully and has been unlawfully present in the USA.  A 3-step process requiring approvals by USCIS, the National Visa Center and a US embassy or consulate overseas.

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Advantage:  Through Provisional Waiver (Form I-601A), noncitizen spouse's unlawful entry and presence may be excused.

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The 3 stages:

• US citizen's Form I-130 and supporting evidence, then USCIS approval.

• Noncitizen's immigrant visa application and supporting evidence including Form I-864 financial support, then review and referral by National Visa Center to US consulate or embassy overseas.

• If applicable, Form I-601A approval before noncitizen spouse departs USA.

• Interview with US consular officer overseas.

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Final decision by:  US consular officer at US consulate or embassy overseas.

Not available if:  Noncitizen made more than one unlawful entry(ies) into the USA (with limited exceptions).    

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Waivers:  If noncitizen spouse made a single unlawful entry, may be eligible for a "provisional waiver" (Form I-601A).  It is processed before noncitizen spouse departs the USA.  If other grounds of disqualification, Form I-601A is obsolete and noncitizen spouse must make waiver application (Form I-601) after attending visa interview.

 
 

Mariam Thompson,
Paralegal
English, Spanish, Russian (fluent)

Ivana Barrios-Casas - Paralegal
English and Spanish (fluent)

Pilar Mayagoitia - Paralegal
English and Spanish (fluent)

Ilsia Muñiz - Paralegal
 English and Spanish (fluent)

Zuzana Vidra - Paralegal 
English and Czech-Slovak (fluent)
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Kathy Diehl - Admin. Assistant 
Mariana Herrera - Admin. Assistant