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Ukrainian Immigration in the U.S. Amid the Russo-Ukrainian War

The ongoing Russo-Ukrainian war has sent shockwaves across the world, leading to unprecedented displacement of Ukrainians seeking refuge abroad.

While the United States initially provided multiple pathways for Ukrainian migrants, the closure of the Uniting for Ukraine (U4U) program and the uncertainty surrounding Temporary Protected Status (TPS) have left thousands of Ukrainian immigrants in limbo. Many who entered the U.S. after the TPS cutoff date (Fall 2023) now face a precarious legal situation, with no clear pathway to legal residency or work authorization, impacting Ukrainian immigration significantly.

As the 2024 U.S. presidential election looms, Ukrainian immigrants anxiously await policy decisions that could determine their futures. This article explores the current landscape of Ukrainian immigration in the U.S., the legal hurdles refugees face, and potential options for those seeking stability.

The Decline of the U4U Program and Its Impact

The Uniting for Ukraine (U4U) program, launched in 2022, provided a streamlined pathway for displaced Ukrainians to seek refuge in the U.S. via humanitarian parole. It offered a temporary two-year stay for Ukrainians with financial sponsors, allowing them to work and settle in the U.S.

However, with the program now closed to new applicants, Ukrainian immigration has slowed significantly. Those who arrived through U4U before its closure remain in a state of uncertainty, as the program does not provide a pathway to permanent residency. With no clear direction from U.S. immigration authorities, many Ukrainians are left wondering what their future holds.

Legal Uncertainty: What’s Next for Ukrainians Already in the U.S.?

TPS and the Question of Extension

Many Ukrainians currently rely on Temporary Protected Status (TPS), which grants protection from deportation and work authorization for those fleeing war or natural disasters. However, TPS was only granted to Ukrainians who were in the U.S. before the cutoff date in Fall 2023. Those who arrived afterward, including thousands who came via U4U, do not qualify.

The fate of TPS for Ukrainians now depends on political decisions for immigration. Many fear that a new administration, particularly if Trump is re-elected, may end TPS protections or fail to extend them. Without TPS, thousands of Ukrainians will lose their work permits and could face deportation.

Asylum: A Complex and Risky Option

While many Ukrainians inquire about asylum, the legal requirements for asylum immigration in the U.S. present significant challenges. Asylum applicants must prove they face past persecution or have a well-founded fear of future persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

For many Ukrainians, this is difficult to prove. Most immigrants fled due to war rather than specific targeted persecution. U.S. asylum laws do not grant protection based solely on generalized violence. Additionally, the Trump-era asylum policies create hurdles for those who traveled through third countries before arriving in the U.S., as they could have sought asylum elsewhere.

Many Ukrainian immigrants also fear speaking out against the Ukrainian government, particularly against President Zelensky or the corruption that has intensified during the war. Publicly expressing anti-government opinions could put their families in Ukraine at risk, making it dangerous to file for asylum based on political opinion.

Alternative Immigration Options for Ukrainians

E-2 Investor Visa

For those with financial resources, the E-2 Investor Visa could be an option. This visa allows individuals from treaty countries to enter the U.S. by investing in a business. However, Ukraine is not a treaty country, meaning most Ukrainians are not eligible. Those who hold dual citizenship from a qualifying country may apply, but the minimum investment threshold (often over $100,000) makes this an impractical option for many.

O-1 and L-1 Work Visas

The O-1 Visa is available for individuals with extraordinary abilities in fields such as science, education, arts, or athletics. Meanwhile, the L-1 Visa allows multinational company employees to transfer to U.S. offices.

However, these visas require applicants to leave the U.S. for consular processing. Many Ukrainians fear leaving due to the uncertainty of reentry and potential travel bans.

Employment-Based Green Cards (EB-1 and EB-2)

Highly skilled professionals may qualify for an EB-1 or EB-2 green card. The EB-1 is for those with exceptional achievements, while the EB-2 is for professionals with advanced degrees or exceptional abilities.

Unfortunately, proving qualifications has become difficult for many Ukrainians due to the war. Schools and institutions in Ukraine have been destroyed, making it hard to access necessary documentation. Additionally, both of these categories often require consular processing, which means leaving the U.S.

What Can Ukrainians in the U.S. Do Now?

Given the legal uncertainties, Ukrainians in the U.S. should explore all possible options for staying legally. Here are some steps they can take:

  • Consult an Immigration Attorney: An attorney can evaluate their specific case and explore possible immigration options.
  • Apply for TPS (If Eligible): Those who meet the TPS cutoff should ensure they apply before deadlines.
  • Consider Asylum (With Caution): If an individual has a strong asylum case, they should gather evidence and consult an attorney before filing.
  • Explore Work or Student Visas: Some may be able to switch to an employment-based visa or student visa if eligible.
  • Monitor Political Changes: With the 2024 election approaching, policy changes could impact their immigration status.

At Shepelsky Law, we understand the complexities of immigration law and are committed to helping Ukrainian immigrants navigate this uncertain time. If you or a loved one needs legal guidance, contact us today for a consultation.