ON WHAT CONDITIONS CAN UKRAINIANS ENTER THE USA NOW: USEFUL ADVICE FROM THE STATE DEPARTMENT

The Department of State does not currently offer visa services in Ukraine, but is sharing information on what visa options or alternatives Ukrainians might consider. It is important to note that a visa is not a way to secure the resettlement of refugees in the United States.

Non-immigrant visas

Non-immigrant visas are intended for temporary stay in the United States. They are not a suitable tool for starting the process of immigration, acquiring refugee or resettled status.

If you apply for a nonimmigrant visa but cannot demonstrate an intention to leave the United States after a certain period of time to return to live abroad, the consular officer will deny your application.

All B1/B2 visa applicants are presumed to be prospective immigrants and therefore ineligible for an immigrant visa unless they can prove otherwise. Immigrant visa applicants can apply at any embassy or consulate where they are physically present and where meetings are possible.

Due to the COVID-19 pandemic, applicants may experience increased wait times for visa interviews at some embassies and consulates.

After scheduling an interview, 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 who apply 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 intentions.

Immigrant Visas

Immigrant visas are for foreign nationals who intend to permanently live and work in the United States. Additional information about immigrant visas can be found at the link. The US Consulate General in Frankfurt (Germany) is the designated processing point for all immigrant visa applications for Ukrainians, except for cases of adoption. All new applications will be processed at the US Consulate General in Frankfurt.

Adoption cases are processed at the US Embassy in Warsaw (Poland). Requesting Expedited Processing of I-130 Petition for Alien Relative: If you have filed a Form I-130 with USCIS and it has not yet been approved, you can submit an expedited request to USCIS. There is also a USCIS Helpline if you are an active duty member of the US Armed Forces.

I-130 Filing by U.S.

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

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

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

Transfer of immigrant visa cases from the manual in Kyiv

If you had an immigrant visa case pending at the US Embassy that was not an adoption case, it was transferred to Frankfurt. Adoption cases were transferred to Warsaw.

If you want to transfer the processing of your immigration case to another US embassy or consulate, contact the immigration visa office of the receiving US embassy or consulate in that country to request a transfer.

The embassy will provide a list of requirements that must be met in order to begin the translation process.

Transfer of Immigrant Visa Cases from the National Visa Center (NVC) I

mmigrant visa applicants who have received an NVC case number and provided all supporting information to become "documentally qualified" will be notified of an appointment in Frankfurt.

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 adoption at different stages of the process, as well as guidance on who to consult and an explanation of the potential role and capabilities of the Assistance Department.

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

Вимоги щодо COVID-19

Центри з контролю та профілактики захворювань США (CDC) на свій розсуд дозволили деяким особам з України в'їжджати до Сполучених Штатів без тесту на COVID-19.

Додаткова інформація щодо посилання. Департамент внутрішньої безпеки США (DHS) вніс поправку, яка дає змогу деяким українським мандрівникам до Сполучених Штатів в'їжджати без відповідності вимогам у зв'язку з COVID-19. Щоб отримати додаткову інформацію, відвідайте веб-сайт DHS за посиланням.

Humanitarian Parole

Parole is a program operated 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 period of time for urgent humanitarian reasons or of important .

It is not intended to replace the visa process. Anyone can apply for humanitarian parole. Those wishing to apply for humanitarian parole should contact USCIS directly.

Refugee Status

Almost all refugee cases in countries are handled by local authorities or the United Nations High Commissioner for Refugees (UNHCR). Ukrainians should not attempt to apply for a visa to travel to the United States as refugees. Instead, they should apply to local authorities or to the UNHCR for refugee status.

More information is available from UNHCR: https://help.unhcr.org, including information about non-governmental organizations that can provide additional assistance. In addition, the website of the United States Agency for International Development (USAID) has information for Ukrainian refugees.

The Resettlement Support Center (RSC) of the International Organization for Migration (IOM) continues limited work from Kyiv and from the branch office in Chisinau (Moldova). Currently, RSC Eurasia does not conduct in-person events and does not plan flights from Kyiv. We encourage applicants who are in danger to seek  safety and shelter wherever possible.

The office in Chisinau can arrange departure for approved Ukrainian applicants who have met all the requirements of the US Refugee Admissions Program (USRAP) and are physically outside of Ukraine. If you had an active USRAP case at RSC Eurasia, your case remains active and processing continues to the extent possible.

The current security situation in Ukraine will not affect the decision of USCIS or the overall consideration of the case. However, some resettlement processing actions may be delayed.

Applicants who were under consideration in Ukraine and have changed their location or left the country should write to RSC Eurasia and inform them of 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.

The Department of State does not currently offer visa services in Ukraine, but is sharing information on what visa options or alternatives Ukrainians might consider. It is important to note that a visa is not a way to secure the resettlement of refugees in the United States.

Non-immigrant visas

Non-immigrant visas are intended for temporary stay in the United States. They are not a suitable tool for starting the process of immigration, acquiring refugee or resettled status.

If you apply for a nonimmigrant visa but cannot demonstrate an intention to leave the United States after a certain period of time to return to live abroad, the consular officer will deny your application.

All B1/B2 visa applicants are presumed to be prospective immigrants and therefore ineligible for an immigrant visa unless they can prove otherwise. Immigrant visa applicants can apply at any embassy or consulate where they are physically present and where meetings are possible.

Due to the COVID-19 pandemic, applicants may experience increased wait times for visa interviews at some embassies and consulates.

After scheduling an interview, 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 who apply 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 intentions.

Immigrant Visas

Immigrant visas are for foreign nationals who intend to permanently live and work in the United States. Additional information about immigrant visas can be found at the link. The US Consulate General in Frankfurt (Germany) is the designated processing point for all immigrant visa applications for Ukrainians, except for cases of adoption. All new applications will be processed at the US Consulate General in Frankfurt.

Adoption cases are processed at the US Embassy in Warsaw (Poland). Requesting Expedited Processing of I-130 Petition for Alien Relative: If you have filed a Form I-130 with USCIS and it has not yet been approved, you can submit an expedited request to USCIS. There is also a USCIS Helpline if you are an active duty member of the US Armed Forces.

I-130 Filing by U.S.

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

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

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

Transfer of immigrant visa cases from the manual in Kyiv

If you had an immigrant visa case pending at the US Embassy that was not an adoption case, it was transferred to Frankfurt. Adoption cases were transferred to Warsaw.

If you want to transfer the processing of your immigration case to another US embassy or consulate, contact the immigration visa office of the receiving US embassy or consulate in that country to request a transfer.

The embassy will provide a list of requirements that must be met in order to begin the translation process.

Transfer of Immigrant Visa Cases from the National Visa Center (NVC) I

mmigrant visa applicants who have received an NVC case number and provided all supporting information to become "documentally qualified" will be notified of an appointment in Frankfurt.

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 adoption at different stages of the process, as well as guidance on who to consult and an explanation of the potential role and capabilities of the Assistance Department.

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

Вимоги щодо COVID-19

Центри з контролю та профілактики захворювань США (CDC) на свій розсуд дозволили деяким особам з України в'їжджати до Сполучених Штатів без тесту на COVID-19.

Додаткова інформація щодо посилання. Департамент внутрішньої безпеки США (DHS) вніс поправку, яка дає змогу деяким українським мандрівникам до Сполучених Штатів в'їжджати без відповідності вимогам у зв'язку з COVID-19. Щоб отримати додаткову інформацію, відвідайте веб-сайт DHS за посиланням.

Humanitarian Parole

Parole is a program operated 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 period of time for urgent humanitarian reasons or of important .

It is not intended to replace the visa process. Anyone can apply for humanitarian parole. Those wishing to apply for humanitarian parole should contact USCIS directly.

Refugee Status

Almost all refugee cases in countries are handled by local authorities or the United Nations High Commissioner for Refugees (UNHCR). Ukrainians should not attempt to apply for a visa to travel to the United States as refugees. Instead, they should apply to local authorities or to the UNHCR for refugee status.

More information is available from UNHCR: https://help.unhcr.org, including information about non-governmental organizations that can provide additional assistance. In addition, the website of the United States Agency for International Development (USAID) has information for Ukrainian refugees.

The Resettlement Support Center (RSC) of the International Organization for Migration (IOM) continues limited work from Kyiv and from the branch office in Chisinau (Moldova). Currently, RSC Eurasia does not conduct in-person events and does not plan flights from Kyiv. We encourage applicants who are in danger to seek  safety and shelter wherever possible.

The office in Chisinau can arrange departure for approved Ukrainian applicants who have met all the requirements of the US Refugee Admissions Program (USRAP) and are physically outside of Ukraine. If you had an active USRAP case at RSC Eurasia, your case remains active and processing continues to the extent possible.

The current security situation in Ukraine will not affect the decision of USCIS or the overall consideration of the case. However, some resettlement processing actions may be delayed.

Applicants who were under consideration in Ukraine and have changed their location or left the country should write to RSC Eurasia and inform them of 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.

Even many immigration lawyers consider FormI-864 Affi davit of Support to be one of the most confusing immigration forms. It's a bit like combining the financials of a tax return with the complexity of an immigration form.

In fact, it is. The stakes are high. If the sponsor does not meet the requirements, the US Citizenship and Immigration Services (USCIS) will not grant the prospective immigrant the right to permanent residence (green card).

When a foreign national applies for permanent residence in the United States, immigration officials must certify that the prospective immigrant has sufficient means of financial support and is unlikely to become a burden on the government. USCIS requires Form I-864 (Financial Sponsorship of Immigrant) for most family-based green card applications and for some non-employment green card applications.

It is a kind of contract between the sponsor and the US government, in which the sponsor promises to support the intended immigrant if he or she is unable to do so on his or her own. This is a backup plan in case the immigrant has financial problems.

Preparing this mandatory form can be difficult. Here are the nine most frequently asked questions about the Form I-864 Affi davit of Support and the answers to them:

Do I need to submit Form I-864Affidavit of Support with my green card application?

When applying for a green card, US immigration law requires the following immigrants to submit Form I-864 Affi davit of Support completed by a sponsor: immigration based on kinship; preferential employment immigrants in cases where the petition for the issuance of an immigrant visa was submitted by a relative; employment immigrants where a family member has a significant ownership interest (five percent or more) in the applicant entity. , Form I-130, I-129F, I-140), must act as a sponsor on Form I-864.

Am I eligible to sponsor the Form I-864 Affi davit of Support?

Some of the most common questions about the form are about the sponsor requirements.

The sponsor fills out Form I-864 representing the intended immigrant. Generally, the sponsor must: be a US citizen or legal permanent resident of the US age 18 or older; have an income of 125% of the federal poverty level; have a permanent place of residence (domicile) in the USA. must include the Affi davitof Support prepared by the applying sponsor.

The sponsor of the application is a relative. If the petitioning sponsor does not have the financial resources to meet the requirements, the prospective immigrant may add a second sponsor to the petition.

My income is too low to be a sponsor on Form I-864.

What can I do? If your income is below the threshold and you are the sole sponsor, the government is more likely to deny a potential immigrant's green card application.

There are three main ways to solve this problem: 1. Add other members of the household to the form of income. If the sponsor has a spouse, siblings, parents or adult children living at the same place of residence, they can combine their income with the sponsor. Each contributing family member will be required to prepare and file Form I-864A along with the main Form I-864.2. Joint sponsorship.

Another person can act as a joint sponsor. There may be slightly more than two joint sponsors. The co-sponsor does not have to be related to the parent of the applicant or potential immigrant. 3.

Use assets. The sponsor can use the assets to fulfill the requirement. Assets that can be "converted into cash within one year and without significant difficulty or financial loss to the owner" may be included. Examples of assets may include the net worth of the sponsor's home, savings, and checking account balances.

Should my income be calculated for the current moment or from taxes for past years? income for the current year. You are probably a creditable sponsor if your income is more than 125% of the federal poverty level and your tax returns for the last three years also show income above that threshold, showing less income than necessary, this may be a cause for concern.

What is Joint Sponsorship?

A sponsor may be any lawful permanent resident or citizen of the United States who is at least 18 years of age, who resides in the United States, its territories, or possessions and who is willing to bear joint responsibility with the applicant for the support of the prospective immigrant.

The sponsor does not have to be related by blood to the petitioning sponsor or the intended immigrant. You can have two sponsors. However, even with a sponsor, if the petitioning sponsor's household income is insufficient to meet the requirements of Form I-864, he or she may obtain additional support from the sponsor. , who resides in the United States, its territories, or possessions and is willing to bear joint responsibility with the applicant for the support of the intended immigrant.

The sponsor does not have to be related by blood to the petitioning sponsor or the intended immigrant. You can have two of the sponsors. However, even in the presence of a sponsor, the petitioning sponsor remains legally responsible for the financial support of the sponsored immigrant.

The petitioning sponsor must complete and mail a signed Form I-864 for the intended immigrant, even if they also have a co-sponsor.

How long am I responsible for an immigrant whose green card I sponsored?

• has 40 pension credits for receiving an American pension in accordance with the Social Security Act; is no longer a lawful permanent resident and is outside the United States;

• subject to deportation, but applies for and receives a new Affi davit on support, if required, as part of the deportation procedure;

• dies. Divorce does not terminate the sponsor's obligations on Form I-864. My relative will have a job upon arrival in the United States. Does he need to file Form I-864 the same way? So. Your relative must file Form I-864 Affi davit of Support

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