For those who have been following, the crisis in Ukraine has exposed some of the weaknesses and inherit flaws of the U.S. immigration system. Many outlets have noted that the U.S. has received only a small portion of refugees as the fighting has gone on in Ukraine for almost a month now. In this post, we will take a closer look at what is going when it comes to Ukrainians coming to the U.S., as well as discuss some possibilities for reform.
Visa Waiver Program
One of the main reasons the U.S. has failed to take in Ukrainians in mass numbers is because of the fact that Ukraine is not a member of the Visa Waiver Program (VWP). We have previously touched on the VWP here. This is a program that was launched by the State Department that essentially creates a visa free method of international travel between the U.S. and most of Europe. Countries like Belarus and Ukraine have historically been excluded from the VWP. Right now it would be impossible for the U.S. to add Ukraine to the VWP because of the ongoing crisis, and as a result, all Ukrainians must have an approved visa before they travel to the United States. This is problematic because many are missing important documents that would normally be needed to begin a visa application process.
Refugee Status
Since February, the U.S. has only admitted a few hundred refugees into the United States. Getting refugee status is not easy because of the lengthy process involved, and because you can still be found inadmissible to the United States during the application process because of health, security, or criminal related grounds. The Biden Administration has currently designated 10,000 of the 125,000 annual cap for Ukrainians.
Non-Immigrant Visas
Other Ukrainians who are seeking entrance to the United States might be having a difficult time simply because of the conditions needed for an applicant to be eligible for a non-immigrant visa. For example, all non-immigrant visas have a conditionality agreement that the applicant can provide evidence they will return to their homeland once their visa expires. This is part of the immigrant intent principle. Consular officers can easily deny an applicant, even if they are Ukrainian, if the individual is unable to demonstrate they will have a place to return to once their non-immigrant visa has expired.
Other than these categories, the Biden Administration has not created any special program to accommodate Ukrainians who might be seeking entrance to the United States. The Temporary Protected Status (TPS) program is only for Ukrainians already present in the U.S. on existing visas.
