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.?


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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