Ukrainian Immigration Challenges Amid U.S. Policy Shifts
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2025/04/20
Marina Shepelsky is the CEO, Founder, and Lawyer at Shepelsky Law Group, specializing in U.S. immigration and family law. An immigrant herself, she is committed to legalizing people, keeping families together, and ensuring dignity in divorce proceedings while protecting children’s interests. Shepelsky discusses the challenges Ukrainian immigrants face due to the Russo-Ukrainian war and shifting U.S. policies. With the U4U program closed, many Ukrainians remain in legal limbo, uncertain about asylum eligibility and TPS extensions. Shepelsky highlights barriers to asylum, investment, and work visas, as well as fears of returning to Ukraine for consular processing. She emphasizes the urgent need for clearer immigration protections for displaced Ukrainians.
Scott Douglas Jacobsen: How has the Russo-Ukrainian war affected Ukrainian immigration?
Marina Shepelsky: We do not see any NEW Ukrainians anymore as the U4U program is now finished and closed for new incomers. The rest of the Ukrainians are panicking and unsure what to do. Everyone is waiting to see what Trump will do with the TPS program and with the U4U parole status for the people who came in already after the TPS cutoff (Fall 2023) date. Thousands have come in after that cut-off date.
Jacobsen: What legal challenges face Ukrainian refugees with current U.S. immigration policies?
Shepelsky: Everyone from Ukraine is in limbo. Many are calling to consult about Asylum, but the legal system in US does not allow for Asylum when there is no past persecution based on race, religion, nationality, ethnic origin, political opinion or social group, and proving potential future persecution is tough. Also, they lived in third countries for months prior to coming to the U.S., which is another hurdle to asylum as they could have potentially asked for asylum there according to the current Trump era of asylum laws. Although many people DO have political opinions against Zelensky and the current state of horrible corruption in Ukraine that worsened during the war, they are afraid to express is publically (requirement for filing asylum based on political opinion) as they are worried of being deported back to Ukraine and dealing with the fallout, plus still have families there that can suffer the consequences of their opening their mouths right now while the clients are in US. They don’t want their families to pay for their freedom of speech in US.
Jacobsen: What protections exist for U.S. asylum and refugee laws for Ukrainians?
Shepelsky: Asylum
E-2 Some people can file for Investment Visas E-2 if they open a business in US, but the capital to start a business to be eligible is quite high (over $100K), plus many refuse to leave the US as the legal regulations require because their U4U is not a real status from which they are allowed to change status within the U.S.
O-1 or L-1 Work Visas. These are temporary and same issue with having to leave the US for a consular interview for these.
EB-1 and EB-2 for highly talented accomplished professionals, but also would require many Ukrainians to leave the US for a consular interview abroad and they are very afraid. Many cannot prove their accomplishments since the war has continued.
Jacobsen: Thank you for the opportunity and your time, Marina.
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