Thursday March 10, 2022

UKRAINIANS FORMALLY ADDED TO THE STATE DEPARTMENT’S LIST OF HOMELESS NATIONALITIES

by Rabindra Singh

On March 2, 2022, Ukrainians were formally added to the Department of State (DOS) list of Homeless Nationalities. 

9 FAM 504.4-8(E)(1) defines ‘Homeless Cases’ as: “Generally, a homeless visa applicant is one who is a national of a country in which the United States has no consular representation or in which the political or security situation is tenuous or uncertain enough that the limited consular staff is not authorized to process IV applications.” 

Note that the DOS only has the authority to designate an alternate post in immigrant visa (IV) cases, not nonimmigrant visa (NIV) cases. 

Both Frankfurt and Warsaw have been designated posts for IV applications for Ukrainian nationals. The National Visa Center (NVC) will screen and assign all petitions for homeless beneficiaries to the designated post for processing. Based on guidance at post, although both Frankfurt and Warsaw have been designated, it appears that Frankfurt is the primary post for processing IVs for Ukrainians.

In general, as provided by 9 FAM 403.2-4, applicants for NIV visas may apply in any country in which they are a resident or physically present. As each U.S. Embassy has specific application procedures, Ukrainians should contact the U.S. Embassy or Consulate where they wish to apply directly. Ukrainian nationals should consider checking visa/travel requirements as some countries will require a valid visa to enter.

HSD Immigration will continue to monitor the situation related to the Russia-Ukraine war and will provide updates as necessary. You may contact our office at (312) 291-1234 for any related questions. 

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