How to obtain a green card after U4U and TPS. Overview of legalization options for Ukrainians in the United States from an American attorney.

For Ukrainians seeking to legalize in the United States, there are numerous legal opportunities available. This process may seem complex, given the restrictions and changing laws, as well as the impact of global events such as the COVID-19 pandemic and Russian aggression in Ukraine. However, with the right approach and careful planning, it is possible to choose the most suitable path for legalization.

An immigration strategy should include not only short-term goals (such as obtaining a visa or status) but also long-term steps leading to obtaining a green card and, eventually, citizenship. In this article, we will explore the main ways of legalization for Ukrainians, ranging from work visas and programs for individuals with extraordinary abilities to political asylum and Temporary Protected Status (TPS).

Main Paths to Legalization for Ukrainians in the USA

Work Visas and Employer Sponsorship

Work visas are one of the most popular and accessible ways for Ukrainians to legalize. The most attention is given to the EB-1, EB-2, and EB-3 categories, which are intended for:

• Professionals with special skills;
• Scientists;
• Skilled workers.

Employer sponsorship is a key element of these programs, as it helps foreign nationals secure long-term employment and the opportunity to apply for a green card.

Successfully applying for a work visa requires meeting several conditions: having a qualified offer from a U.S. employer, meeting certain criteria for professional experience and education, and confirming the absence of U.S. citizens applying for the position.

Green Card through Extraordinary Ability (EB-1)

The EB-1 visa category is intended for individuals with extraordinary abilities in the fields of science, arts, sports, or business. Applicants must demonstrate significant achievements at an international level, such as:

• Awards or honors;
• Patents;
• Scientific research;
• Recognition in professional circles.

An important aspect of this category is media recognition, as publications and interviews in the media serve as evidence of unique achievements. Achievements that can benefit the United States are particularly valued in this category, which can increase the chances of success in obtaining a visa.

Green Card through National Interest (EB-2 National Interest Waiver, NIW)

The EB-2 visa with a National Interest Waiver (NIW) allows specialists whose knowledge is important to the national interests of the United States to immigrate without employer sponsorship. This is particularly relevant for professions such as:

• Engineers;
• Doctors;
• Scientists;
• IT specialists.

To apply for a visa under the National Interest Waiver program, you must prove that your activities provide significant benefits to American society or the economy. This could include scientific research results, innovative developments, or entrepreneurial projects that can contribute to the development of American business or technology.

Green Card through Investment (EB-5)

The EB-5 program provides an opportunity to obtain a green card through investments in the U.S. economy. The minimum investment amounts are $800,000 for regional center projects and $1,050,000 for standalone projects. Investors can obtain green cards not only for themselves but also for their family members.

This program requires not only significant financial resources but also a deep understanding of economic processes in the United States, as it is important to choose a project with minimal risks. Additionally, the process of obtaining a green card through investment can take several years, making it less attractive for those seeking a quick path to legalization.

Political Asylum

Political asylum is suitable for those who are persecuted due to political, religious, or other beliefs. Applying for political asylum allows you to:

• Stay in the United States until the case is resolved;
• Apply for a green card after the application is approved.

Applying for political asylum allows you to stay in the United States until the case is resolved. However, the process can take years, leading to restrictions on freedom of movement and waiting for a final decision. Nevertheless, successful approval of an asylum application provides the opportunity to obtain a green card.

Humanitarian Visas

Humanitarian visas are intended for people in emergency situations. For Ukrainians who found themselves in the United States after the start of the war, this is one of the possible paths to legalization. Humanitarian visas may be granted in cases where a person is in danger and cannot return to their homeland.

There are several types of humanitarian visas that may be useful for Ukrainians. For example, Temporary Protected Status (TPS) provides the opportunity to stay in the country while hostilities continue in Ukraine.

Marriage to a U.S. Citizen

Marrying a U.S. citizen is a quick and relatively reliable way to obtain a green card. After getting married, you can apply for a temporary green card, which will later become permanent if the marriage is deemed valid. The process includes submitting documents and attending an interview with the U.S. Citizenship and Immigration Services (USCIS).

Green Card Lottery

The Green Card Lottery (Diversity Visa) is one of the most popular ways to obtain the right to permanent residence in the United States. Every year, millions of people apply to participate in the lottery, but only a few get the chance to win. To participate, you must meet a number of requirements, such as education level and country of birth. Participation in the lottery does not require financial costs, but the chance of winning remains low.

TPS and Its Role in Legalization for Ukrainians

How TPS Helps in Legalization

Temporary Protected Status (TPS) allows Ukrainian citizens in the United States to legally stay and work during the conflict in their country. This status grants the right to legal residence and employment, as well as access to social and medical services. For many Ukrainians, TPS has become an important step towards further legalization.

Transition from Political Asylum to TPS

For those who have applied for political asylum, transitioning to TPS can be a good alternative or complement to the existing process. TPS provides more rights and opportunities, such as freedom of movement and access to official employment. However, it is important to note that both statuses cannot be used simultaneously to apply for a green card, so it is important to plan your strategy in advance.

Opportunities to Apply for a Green Card through TPS

The TPS status can serve as a springboard for applying for a green card through other paths, such as work visas or marriage. For example, if a person finds an employer willing to sponsor them or marries a U.S. citizen, they can transition to the path of obtaining a green card.

It is important to remember that each case is unique, and you should consult with an attorney to avoid mistakes.

Recommendations for Ukrainians: How to Choose the Right Path to Legalization

Choosing the right path for legalization depends on many factors: professional skills, the presence of a sponsor, family ties, and financial capabilities. Assess your strengths, analyze all available options, and choose a strategy that suits you. Be prepared for the process to take time, and it is important to prepare all necessary documents in advance.

The Role of Media and Public Recognition

For individuals applying for a visa under the EB-1 category, public recognition plays an important role. Media publications, mentions in scientific journals, or participation in public projects can significantly increase your chances of successful application approval. Additionally, active presence in the professional community and recognition by colleagues also play an important role in the legalization process.

How to Manage Documents for Green Card Application

Collecting and managing documents is an important aspect of the green card application process. These may include professional recommendations, certificates, publications, and evidence of achievements. It is important to ensure that all documents are submitted on time and meet USCIS requirements to avoid delays or denials.

Legalization of Ukrainians in the United States is a multi-step process that requires careful planning and knowledge of all available legal opportunities. Whether you choose work visas for Ukrainians, such as EB-1, EB-2, or EB-3, or consider obtaining a green card through political asylum or TPS, it is important to understand that each path has its own features and requirements.

A green card in the United States can be a significant step towards obtaining citizenship, and there are many ways to obtain it, including investments in the economy and marriage to a U.S. citizen. The National Interest Waiver program also provides unique opportunities for specialists whose skills are considered important to national interests.

For many Ukrainians, humanitarian visas and Temporary Protected Status (TPS) have become key elements in their immigration strategy. It is important not only to know the rights and opportunities these statuses provide but also to be prepared for long-term work on legalization.

Participation in the green card lottery also remains a popular option, although the chances of winning may be low. Ultimately, success in legalization depends on the right choice of strategy and quality preparation of documents.

Do not forget to consult with experienced attorneys and use all available resources to navigate the legalization process as effectively as possible. Your efforts can open doors to a new future in the United States.