I have a friend in Ukraine who recently fled to a neighboring country. Are there any special visa options she may have to come stay with me for a time in the U.S.?
17 Mar 2022Answer
There are no special visas available specifically based on the invasion of Ukraine. However, depending on the circumstances, there may be options to apply for a nonimmigrant visa.
One option may be to apply for a B-1/B-2 visa. One hurdle with this option is that the person must evidence a residence abroad and intent to depart by the expiration of the requested stay. Under the circumstances, this may be quite difficult to prove. Having a person in the U.S. complete a form I-134 affidavit of support may improve the odds of the visa being granted, but this would ultimately be at the discretion of the consular officer.
Another option may be an F-1 student visa. However, as with the B-1/B-2 option, the person must have a foreign residence. Plus, the person must be admitted to a qualifying U.S. school and provide evidence of sufficient financial support. Again, an I-134 may help to meet the financial requirement.
One option that some Ukrainians are pursuing is the E-2 treaty investor option. This option, however, requires that the individual invest a “substantial” amount of capital in a U.S. entity, among other requirements. Needless to say, not all Ukrainians are in a position to pursue this option. More details on the E-2 visa are available on MurthyDotCom. (17.Mar.2022)
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