EMERGENCY IMMIGRATION HELP FOR UKRAINIANS

Due to the current situation in the Ukraine it has been extremely difficult for individuals to navigate getting visas and relief to come to the United States. Here is some information provided by the US government that may help.

All visa processing has been suspended in the Ukraine, however, the following countries are accepting Ukrainians as third country nationals:

• Poland
• Moldova
• Hungary
• Romania
• Slovakia

As of the date of this posting most border crossings into Poland, and all main crossing points into Moldova, are severely backed up and some are experiencing extremely long wait times. Travelers may want to consider redirecting to border crossings with Hungary, Romania, and Slovakia, which are currently experiencing lower wait times to cross.

Below are some pointers regarding some types of cases:

•  If you are Ukrainian and have a US Citizen or Lawful Permanent resident relative in the US with an outstanding approved I-130, or your case is pending with a consulate you should contact the consulate to try to obtain an expedite of the processing of the application.
• If you are Ukrainian and have a US Citizen or Lawful Permanent resident relative that has not yet filed an I-130 for you there may be a possibility of filing directly with the consulate in Poland. Contact support Poland@ustraveldocs.com to inquire about possible local/direct filing of the I-130 petition. This only applies to U.S. citizens filing petitions for their spouses, unmarried children under 21, and parents. Also, in order to do this, both the petitioner and the applicant must be present in Poland.
• If you are a Ukrainian and want to travel to the United States, and you do not have any US citizen relative, then you need to apply for a nonimmigrant visa. There are currently extremely high wait times, but you may be able to request an expedite. Request an appointment and then subsequently request an expedite.
• If you are Ukrainian and have already started a nonimmigrant visa application at the consulate in the Ukraine, and want to transfer it to another US consulate. Contact US travel docs at www.ustraveldocs.com and request a transfer of your “profile” to the consulate in which you are currently located. If you are in Poland use the following email address Support-Poland@ustraveldocs.com.
• If you are a Ukrainian trying to apply for a nonimmigrant visa and you are the spouse or parent of a US citizen you should go to www.ustraveldocs.com and try to schedule an appointment. You should select “Ukrainian with US citizen immediate family” in Step 3 when scheduling appointment.

IMPORTANT NOTE:

USCIS has delegated authority to the Department of State (DOS) to accept and adjudicate a Form I-130, filed by a U.S. citizen petitioner for an immediate relative, if the petitioner establishes ‘exceptional circumstances’ or falls under blanket authorization criteria defined by USCIS. This policy applies even in countries with a USCIS presence. Without such delegation, DOS has no authority to permit a U.S. embassy or consulate to accept a local Form I-130 filing abroad.

Some examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.
• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.
• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.
• Close to aging out – A beneficiary is within a few months of aging out of eligibility.

Information and processes are changing rapidly. Please contact our office for any specific assistance with your case info@szewlaw.com