If you are a Ukrainian refugee in the United States and need protection, you may be eligible to apply for asylum or adjust your immigration status. We provide a clear, step-by-step explanation of the process, from determining your eligibility to gathering necessary documents, filing applications, and avoiding fraud.

Asylum is a form of legal protection that allows individuals to stay in the U.S. if they fear returning to their home country due to persecution. The U.S. government grants asylum to individuals who can prove that they are at risk of harm because of their race, religion, nationality, political opinion, or membership in a particular social group.

Ukrainians fleeing war may qualify for asylum, but they must demonstrate that they have a credible fear of persecution rather than general dangers from war. This can include threats from armed groups, government persecution, or other forms of targeted violence. If you are unsure whether you meet these criteria, it is best to consult an immigration attorney.

To apply for asylum, you must submit your application within one year of arriving in the U.S. However, exceptions may be made if you can prove that extraordinary circumstances prevented you from applying earlier. If you have been in the U.S. for longer than a year, an attorney can help you determine if you qualify for an exception.

While asylum is a strong legal option for Ukrainians, other immigration pathways may provide protection or legal status. One alternative is Temporary Protected Status (TPS), which allows Ukrainians to live and work in the U.S. for a temporary period without fear of deportation. TPS is granted based on humanitarian conditions in a specific country, and as of now, Ukraine is designated for TPS. You may apply for TPS if you were in the U.S. before April 11, 2022. If approved, you will receive protection from deportation and work authorization, but TPS does not lead to a green card or citizenship.

Another option is the Humanitarian Parole under the Uniting for Ukraine (U4U) program. This program allows Ukrainians to enter and remain in the U.S. temporarily if they have a financial sponsor. However, this status does not lead to permanent residency or a green card, and individuals under this program may still need to explore other immigration options if they wish to stay in the U.S. long-term.

For some individuals, applying for a green card through family sponsorship or employment may be a better option. If you have close relatives who are U.S. citizens or permanent residents, they may be able to sponsor you for a green card. Additionally, some Ukrainians may qualify for employment-based visas if they have specialized job skills. An immigration lawyer can help you determine which immigration option is best for your situation.

Navigating the U.S. immigration system can be complex, and working with an experienced immigration attorney can significantly improve your chances of success. However, it is important to be cautious when selecting legal assistance, as many scammers prey on immigrants by offering fraudulent legal services.

To find a trustworthy immigration lawyer, consider seeking assistance from reputable nonprofit organizations that provide free or low-cost legal help. Organizations such as HIAS, RAICES, and Catholic Charities USA offer immigration legal aid to refugees and asylum seekers. Additionally, the American Immigration Lawyers Association (AILA) provides a directory of licensed attorneys who specialize in immigration law.

Avoid working with individuals who have not licensed attorneys, especially notaries (notary publics). In many Latin American countries, notaries can provide legal advice, but in the U.S., they are NOT qualified to handle immigration cases. Be wary of anyone who guarantees asylum approval or requests large sums of money upfront. Always verify an attorney’s credentials through the U.S. Department of Justice to ensure they are authorized to provide legal services.

Before you submit your asylum application, you will need to gather supporting documents that prove your identity and demonstrate why you cannot return to Ukraine. The more evidence you provide, the stronger your case will be.

You should collect identification documents, such as your passport, visa, or other government-issued IDs, to verify your identity. You will also need proof of entry into the U.S., which can include an I-94 arrival record, a visa stamp, or airline tickets. If you no longer have your entry documents, you may request a replacement I-94 from the U.S. Customs and Border Protection (CBP).

To support your claim for asylum, gather evidence of persecution, such as personal statements describing your experiences, police reports, medical records, and news articles about conditions in Ukraine. If you have been personally threatened or attacked, try to obtain any documentation that supports this claim. Statements from family, friends, journalists, or human rights organizations can also be helpful in proving your case.

If you have any documents that are not in English, you will need to submit certified translations. The translator must provide a statement confirming that they are qualified to translate the documents accurately.

To officially apply for asylum, you must submit Form I-589 (Application for Asylum and Withholding of Removal) to U.S. Citizenship and Immigration Services. This form can be downloaded from the USCIS website and must be completed accurately. There is no fee to apply for asylum.

Once you have completed the form and gathered your supporting documents, mail your application to the address specified on the USCIS website. After submitting your application, you will receive a receipt notice confirming that USCIS has received your case.

After USCIS processes your application, you will receive a notice to attend a biometrics appointment at an Application Support Center. This appointment is required for background and security checks and involves fingerprinting and photographing. You must bring your passport and appointment notice with you.

If you are not in removal (deportation) proceedings, you will be scheduled for an asylum interview with a USCIS officer. During the interview, you will be asked questions about your background and why you fear returning to Ukraine. It is important, to be honest and provide as much detail as possible. If you do not speak English fluently, bring an interpreter.

If you are in removal proceedings, your case will be heard in immigration court before a judge. This process can be more complex, and having a lawyer represent you in court is strongly recommended. If your asylum application is denied, you may have the option to appeal the decision or seek another form of legal relief.

If your asylum application has been pending for 150 days, you can apply for a work permit (Employment Authorization Document – EAD) by submitting Form I-765. Once approved, this permit allows you to work legally in the U.S. while waiting for your asylum decision.

Asylum decisions can take several months or even years due to processing delays. If your case is approved, you may apply for a green card one year later. If your case is denied, you may appeal the decision with the help of a lawyer.

Scammers often target immigrants by offering fake legal services. Be cautious of individuals who guarantee asylum approval, request large upfront payments, or advise you to submit false information. Verify any legal professional’s credentials through the U.S. Department of Justice. If you suspect fraud, report it to the Federal Trade Commission (FTC) or USCIS Anti-Fraud Hotline.

Navigating the asylum process or changing your immigration status can be challenging, but with the right information and legal support, you can successfully move forward. Seek help from trusted legal organizations, avoid fraud, and stay informed about your rights. You are not alone—resources and assistance are available to help you build a safe and stable future in the U.S.