U.S. Immigration Response to Conflict in Ukraine
Temporary Protected Status for Ukrainians Residing in the U.S. since March 1, 2022
On March 3, 2022, the US Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for an 18-month period due to the ongoing conflict in Ukraine precipitated by Russia’s military invasion. Persons from Ukraine who have continuously resided in the United States since March 1, 2022, will be eligible to apply for TPS benefits. After this date, individuals who enter the United States are not eligible for TPS.
Temporary Protected Status is a humanitarian solution for foreign nationals present in the United States and cannot return to their home country due to ongoing armed conflict, environmental disaster (such as an earthquake or hurricane) or epidemic, and other extraordinary and temporary conditions. During the designated period, eligible individuals granted TPS will not be removable from the United States and can obtain EAD work authorization.
Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and the EAD work authorization. TPS applicants must meet all eligibility requirements and undergo security and background checks.
DOS Provides Guidance for Visa Applicants from Ukraine
On February 13, 2022, the Department of State (DOS) suspended visa services at the US Embassy in Kyiv, Ukraine, due to the invasion by Russia. On March 1, 2022, the DOS provided processing posts for Ukrainian applicants applying for nonimmigrant and immigrant visas:
Nonimmigrant Visa Applicants
Ukrainian nonimmigrant (temporary) visa applicants may apply in any country where they are physically present and sign up for the first available visa appointment. Ukrainians who have fled to Poland and who have pending nonimmigrant visa applications may send a request to support-poland@ustraveldocs.com to ask for a transfer to the U.S. Embassy in Warsaw. Please note that there are no nonimmigrant visas specific to those who have fled the armed invasion of Ukraine and are seeking to travel to the United States temporarily. Additionally, given the extremely high demand, wait times for an appointment at U.S. Embassies and Consulates are likely to be lengthy. We advise nonimmigrant visa applicants from Ukraine to check the U.S. Embassy website for the country where they are physically present for the correct visa application procedure.
Immigrant Visa Applicants
Ukrainian applicants for immigrant (green card) visas, including Diversity Visas and Fianc(é)e (K-1) visas, will be processed at the U.S. Consulate General in Frankfurt, Germany. The U.S. Embassy in Warsaw, Poland will process Ukrainian adoption cases and A and G diplomatic and official visas. Ukrainian applicants do not require a Schengen visa to enter Germany or Poland.
Immigrant visa and Diversity Visa applicants who already have been scheduled for appointments in Frankfurt or Warsaw may request their cases be transferred to another post and contact the alternate post to request a case transfer. Applicants who have not yet been scheduled for an immigrant visa interview will be automatically reassigned to the U.S. Embassy in Frankfurt and notified once their appointment is on the calendar. Unscheduled Ukrainian Diversity Visa applicants who need to interview outside of Germany can send requests to KCCDV@state.gov.
Limited Expectations for COVID-19 Vaccination Requirements for Ukrainians Traveling to the U.S.
On February 15, 2022, the Department of Homeland Security (DHS) issued a limited National Interest Exception (NIE) to Presidential Proclamation 10294, which requires nonimmigrants to be full-vaccinated against COVID-19 for entry into the United States. Nonimmigrants are eligible for the NIE and are not required to proof of COVID-19 vaccinations if they are: (1) traveling with a U.S. citizen or lawful permanent resident; (2) were physically present in Ukraine as of February 10, 2022, and (3) possess a valid visa or travel document to enter the United States. Individuals who are granted this exception must attest to receiving a COVID-19 test within three to five days of arrival in the United States, to self-quarantine for seven days, to self-isolate in the event of a positive COVID-19 test or the development of COVID-19 symptoms, and to become fully vaccinated for COVID-19 within 60 days of arrival in the United States if intending to stay in the United States for more than 60 days.
For its part, the U.S. Centers for Disease Control (CDC) will exercise enforcement discretion to waive the pre-departure COVID-19 test requirement for persons who were physically present in Ukraine as of February 10, 2022, for U.S. citizens and lawful permanent residents, and for noncitizen nonimmigrants who are traveling with a U.S. citizen or lawful permanent resident and have valid visas to enter the United States.
The NIE to the COVID-19 vaccination requirement and the waiver of the pre-departure COVID-19 testing requirement are scheduled to expire on April 1, 2022.
DOS Suspends Visa Services in Belarus
On February 28, 2022, the DOS suspended operations at the U.S. Embassy in Minsk, Belarus due to security and safety issues stemming from the Russian military forces in Ukraine. U.S. citizens and lawful permanent residents are encouraged to leave Belarus. The CDC has exercised its enforcement discretion to allow certain persons from Belarus to travel to the United States without a pre-departure COVID-19 test.