The Uncertainty of the Immigrant Visa Processing for Russians after September 19, 2022
Warsaw, Poland has been designated by the Department of State as a consular post to process immigrant visas for Russian citizens. This means that all immigrant visas, K-1 fiance visas, as well as diversity visas, are currently processed by the U.S. consular post in Poland.
Till date, Russian citizens in a possession of a Schengen visa were able to travel to Poland to attend a consular interview, receive their IVs, and relocate to the United States based on their approved family reunification or employment-based immigrant petitions.
However, it is uncertain what will happen to immigrant visa processing of Russian nationals in light of the recent decision by Poland to close its borders to Russians starting September 19, 2022. Poland joined the Baltic states in its decision to stop issuing visas for Russian citizens. In addition, Russians holding visas issued by other Schengen countries will not be allowed to enter Poland either.
Entry to Poland for Russian citizens will be prohibited for tourism, culture, sport, and business purposes. In its Joint Statement by Estonia, Latvia and Lithuania, and Poland, the countries mentioned that it is "not an outright entry ban and commonly agreed legitimate exceptions will remain in force for dissidents, humanitarian cases, family members, holders of residence permits," and a handful of other circumstances including diplomatic missions and certain freight and transportation services.
U.S. Immigrant Visa processing is not specifically listed as the circumstance under which Russian nationals will be able to enter the country.
Will Russians with the current immigrant visa interviews scheduled at the U.S. Consular Post in Poland be able to travel to the country? Do they have to apply for asylum in Poland first to be able to process their IVs to relocate to the U.S.? Will Russian nationals have to be persecuted in their country in order to be considered dissendents to enter Poland? Will elderly parents have to be persecuted if they are just trying to get IVs to reunite with their U.S. citizen children? These are all unanswered questions at this point.
Who is processing U.S. Immigrant Visas:
Family Immigrant visas are based on approved petitions by U.S. citizens and Lawful Permanent Residents for family reunification
Top-level extraordinary ability individuals who have already proved to have national or international recognition in the sciences, arts, education, business, or athletics
Top-level advanced degree professionals who have proved to be working in the national interest of the United States.
Employment-Based Immigrant visas for those noncitizens who have proved essential to the U.S. employer based on their education, knowledge and expertise with a shortage of these skills in the U.S. labor market, as certified by both the U.S. Department of Labor and USCIS after a case-by-case analysis.
These categories include brillians scientists, engineers, high-tech professionals, top-tier athletes and talented artists. These are individuals seeking to leave Russia and apply their knowledge and skills for the benefit of the United States and its people.
Immigrant Visa processing is the final step in the process of obtaining an immigrant visa (green card) and relocating to the U.S. The individuals who are processing immigrant visas already had their underlying immigrant petitions approved by the United States Citizenship and Immigration Services (USCIS).
As a result of the Polish border closure, Russians who are trying to immigrate through family reunification or based on approved meritorious extraordinary ability petitions, U.S. national interest petitions, or employment petitions will likely be unable to process their cases.
This will be contrary to the U.S. government's initiative to attract Russia’s top-level talent and will be also contrary to humanitarian purposes allowing for family reunificaiton with U.S. citizens and LPRs.
Specifically, President Biden has expressed his intent to lure Russian top-tier scientists and professionals to the United States.
We therefore urge the U.S. Department of State to designate another consular post for processing of Immigrant Visas for Russian citizens that allows entry into the country visa-free.
Why don’t all dissendents get asylum in the U.S.?
Per asylum regulations, an individual is required to provide evidence demonstrating either that they have suffered persecution on account of a protected ground in the past, and/or that they have a “well-founded fear” of future persecution in their home country. While many individuals may have suffered persecution or have fear of persecution, documenting this fact may be tricky and not always possible.
Another issue for dissendents is the fact that it is a one-way ticket meaning you won’t be able to visit your sick parents or ailing family members who are unable to relocate themselves. Many dissendents choose to apply for nonimmigrant and immigrant visas if they are eligible for them in order to preserve the ability to visit their families.
Why preserve the ability to obtain Immigrant Visas for Russians?
Asylum provides refugee benefits and certain reliance on the U.S. governement for financial assistance. Individuals getting immigrant visas have financial means to support themselves, have a U.S. sponsor or a job opportunity and will not rely on the U.S. government’s support.
Russian citizens who wish to leave their country and immigrate to the U.S. wish to bring value to the U.S. employers and the economy based on their approved immigrant petitions. They should be given a procedural opportunity to do so. As of September 19, 2022, it remains unclrear whether they will be able to do that unless another consular post is designated for processing of immigrant visas.
If you wish to schedule a consultation to discuss your immigration case, do not hesitate to contact us.