Immigration Options Available to Those Affected By the War in Ukraine

Currently, the only options available to Ukrainians are those USCIS offers to all immigrants affected by special circumstances. Hopefully, as the situation in Ukraine develops USCIS will make more options available. USCIS has confirmed the invasion of Ukraine is an extreme situation contemplated by the following measures. It is noteworthy that these measures could aid displaced Afghanis as well. That being said, the applicability of each of these options depends on a case-by-case analysis of the immigrant’s circumstances. Also, these measures are not automatic, each must be specifically requested. 

If a Ukrainian is already in the US, they may change a nonimmigrant status or extend a nonimmigrant stay. Even if they fail to apply for such an extension or change of status before the expiration of their authorized period of admission, USCIS may excuse it if the delay was due to extraordinary circumstances. Re-parole is available for individuals previously granted parole by USCIS. Affected Ukrainians may receive expedited processing of advance parole requests. 

Ukrainian students with F-1 status may receive expedited adjudication of requests for off-campus employment authorization for those experiencing severe economic hardship. Others may receive expedited adjudication of petitions or applications, including employment authorization applications, when appropriate. Ukrainian applicants can submit a fee waiver requests due to an inability to pay along with any application. 

There will be a flexibility for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner due to circumstances caused by the war. There will also be flexibility if you were unable to appear for a scheduled interview with USCIS. Affected Ukrainians may request expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Green Card, Employment Authorization Document, or Form I-94, Arrival/Departure Record. Affected immigrants may also be able to reschedule their biometric appointment.