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Non-Immigrant Visas

Is a Non-Immigrant Visa a Pathway to Permanent Residence or U.S. Citizenship?

Posted on July 14, 2022

Generally, no. A non-immigrant visa is not designed to be a pathway to Permanent Residence or U.S. Citizenship. Read more

I’m Currently in the U.S., but My Visa or Status Is about to Expire. Can I Extend My Stay?

Posted on July 14, 2022

The U.S. has authorized Ukrainians who arrived in the U.S. on or before April 11, 2022 and have been present in the U.S. continuously since that date to apply for Temporary Protected Status (TPS). You will be able to apply for TPS once the directive with instructions is published. Ukrainians who arrived in the U.S. after April 11 are not eligible to apply for TPS. For now, Ukrainians may sign up to be notified of registration availability. Please see the above section for more details on TPS. Ukrainians who are legally residing in the U.S. can also request a status extension by filing Form I-539 form and explaining why they cannot return to Ukraine. Please note that when filing the I-539, you will be asked whether you have worked in the United States without authorization, if you have violated the terms of your non-immigrant status, and whether you will be financially supported without working. Read more

If I or a Family Member Hold a Tourist/Visitor Visa, Am I Eligible to Receive Any Financial Benefits?

Posted on July 14, 2022

The U.S. government does not offer any benefits or financial assistance to individuals who are here on a B1/B2 tourist/visitor visa. This visa is not designed for those seeking permanent residence or who are entering the U.S. for humanitarian reasons. It is possible that some municipalities have resources available for individuals who are here on a B1/B2 visitor visa who meet certain criteria such as poverty or having minor-aged children. Certain private or non-profit organizations may offer individuals assistance with food, shelter, or necessities. A non-exhaustive list of resources can be found below in the “Additional Questions” section and at this site: Read more

Can I Work with a Visitor (B1/B2) Visa?

Posted on July 14, 2022

An individual on a tourist or visitor visa (B1/B2) is not permitted to accept employment or work in the U.S. Violating the terms of one’s tourist or visitor visa (B-1 or B-2), including staying in the U.S. beyond the time permitted, can result in severe immigration consequences, including being accused by U.S. immigration authorities of misusing your tourist/visitor visa. This may lead to a denial of any future immigration applications. If you entered the U.S. as a tourist, you may try to apply for a change of status if a U.S. employer is willing to sponsor you for an employment-based visa. Read more

If I (or a Family Member) Am Denied a Visitor (B1/B2) Visa, May I Re-apply?

Posted on July 14, 2022

Non-immigrant visa refusals are final and may not be appealed. Applicants who are refused would be required to file a new non-immigrant visa application. However, the U.S. State Department advises against filing a new application if an applicant was refused previously but their circumstances have not significantly changed since that time. Read more

What Type of Evidence Will Help My Application for a Non-Immigrant Visa?

Posted on July 14, 2022

An applicant needs to demonstrate strong continuing ties to their home country when applying for a non-immigrant visa such as a B-1/B-2 visitor visa. The U.S. State Department indicated that this is necessary even for those Ukrainians who are fleeing from the war. Under current laws, if an applicant is unable to demonstrate their intent to return to a residence abroad after a defined visit to the U.S., the application must be rejected. As difficult as this may be for some applicants to demonstrate at this time, this requirement to show evidence of intent to return to the home country remains in place. Evidence showing intent to return could include a letter from an employer, a recent paycheck from a job, an apartment rented or house owned in their home country, enrollment in a school, or the presence of close family in the home country. Other evidence that shows the temporary purpose of the trip, such as attending a wedding, funeral, or other event may also be helpful. Read more

How Long Can I Stay in the U.S. with a Non-Immigrant Visa?

Posted on July 14, 2022

Typically, a non-immigrant visa such as a B-1/B-2 visitor (for business or tourism) visa allows a person to stay in the U.S. for from 90 days to 6 months. Read more

How Long Does It Take to Be Approved for a Non-Immigrant Visa?

Posted on July 14, 2022

Each application is considered on its own merits and varies in processing time. Note that, due to the tremendous backlog pre-existing before the war, applicants may wait months or even years for approval. Read more

What If I Am a U.S. Citizen or Greencard Holder but My Ukrainian Relative Is Not Close Enough for Me to Petition Them or We Do Not Meet the Criteria Outlined Above?

Posted on July 14, 2022

A relative of a U.S. citizen or Lawful Permanent Resident (green card holder) may apply for a non-immigrant visa at the U.S. consulate located in the country where they currently reside. The Ukrainian visa applicant can list their U.S. family member who is a citizen or Lawful Permanent Resident in their non-immigrant visa application. Providing documents to clarify both that the visit is temporary (i.e., to attend a wedding or graduation ceremony) and that the immigrant will be supported financially during the temporary visit will help strengthen the non-immigrant visa application. Read more

If I Am a U.S. Citizen or an LPR (Green Card Holder), Can I Petition My Ukrainian Relative for a Non-Immigrant Visa?

Posted on July 14, 2022

A U.S. citizen or a U.S. Lawful Permanent Resident (green card holder) may sponsor a spouse or a child under age 21for a non-immigrant V visa, if a petition for permanent immigrant visa under Form I-130 had already been filed before December 21, 2000 and the petition is more than three years old. We note that U.S. Embassies and Consulates have not issued any V visas for the past several years because applicants with priority dates on or before December 21, 2000, were able to apply for immigrant visas as their priority dates become current. Read more

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