On March 3, 2022, the Department of Homeland Security extended Temporary Protected Status (TPS) for Ukraine as a result of the ongoing Russian invasion.
Ukrainian citizens who were in the United States on March 1, 2022, and who have remained in the United States since that time, may be eligible to apply for TPS and obtain protected status, work authorization, and travel authorization.
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Temporary Protected Status for Ukraine
What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a form of humanitarian relief extended by the Department of Homeland Security, and, once granted, it establishes a temporary safe haven in the United States for citizens and nationals of a foreign country.
Reasons why TPS may be extended include:
ongoing armed conflict within the country (or part of the country) which poses a serious threat to the personal safety of the country's nationals if they were to return;
a natural or other environmental disaster (such as an earthquake, flood, drought, or epidemic) resulted in a substantial, but temporary, disruption in living conditions in the affected area, and the foreign country is temporarily unable to handle the return of its nationals; or
other extraordinary, but temporary, conditions in the foreign country that prevent its nationals for returning safely.
TPS is typically granted for 6 to 18 months at a time, but it is not unusual for a country's designation to be extended for additional periods of time.
To receive TPS, an applicant must meet the eligibility requirements, must apply within the established registration period, and must undergo security and criminal background checks, among other eligibility requirements.
If approved, a TPS recipient may also obtain employment and travel authorization.
Temporary Protected Status for Ukraine
As a result of Russia's invasion of Ukraine, on March 3, 2022, the Department of Homeland Security (DHS) announced the extension of Temporary Protected Status for Ukrainian nationals who were in the United States on March 1, 2022 and who have remained in the United States since then.
“Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries ... In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”
- DHS Secretary Alejando N. Mayorkas
To read the full DHS announcement, click here.
The designation is for 18 months, which will begin on the date that the designation is published in the Federal Register. Any individual who arrived, or who attempts to arrive, in the United States after March 1, 2022, however, will be ineligible for TPS.
I'm a Ukrainian Citizen in the US - What Now?
If you or your family member is a Ukrainian national (or a stateless individual who last resided in Ukraine), and you were in the United States on March 1, 2022, you (or your family member) may be eligible for Temporary Protected Status, as well as employment and travel authorization. Exact instructions, including registration periods and deadlines, will be provided when the designation is published in the Federal Register.
It is important to remember, though, that each is case different, and there is no one-size-fits-all solution. As a result, it is strongly encouraged that you seek the advice of a competent and licensed immigration attorney to help you navigate this process.
If you would like to schedule a free consultation with our office, click here to view our calendar.
Disclaimer: This post is for informational purposes only, and shall not be considered legal advice, or be used as a substitute for competent counsel. No attorney-client relationship exists without a signed agreement.
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