As of April 2022, Ukraine is amongst the countries that have been designated for Temporary Protected Status (TPS). Countries are designated for TPS by the Secretary of the Department of Homeland Security (DHS) and are eligible for designation if the country is unsafe for nationals because of ongoing armed conflicts, dangerous environmental conditions or epidemics, or any extraordinary or temporarily dangerous conditions. Ukraine was designated because of “Russia’s premediated and unprovoked attack on Ukraine [that] resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries.”
Understanding TPS
TPS allows nationals of designated countries to live and work in the U.S. temporarily. Those protected by TPS cannot be detained based on their immigration status nor can they be deported. After receiving TPS, recipients are given employment authorization documents and are allowed travel authorizations. However, TPS recipients are not considered lawful permanent citizens as TPS benefits are temporary.
TPS Applicant Eligibility
Being a national from a designated country is not the only eligibility requirement to receive TPS. To be eligible, applicants must also ensure that they file for TPS during open initial or re-registration periods (unless they are eligible for late filing), and they must have been continuously physically present in the U.S. since their country’s most recent designation and have been residing in the U.S. since the specified date for their country. For Ukrainians, you must have been a continuous residence since April 11, 2022, and have been continuously physically present in the U.S. since April 19, 2022.
Your application for TPS can be denied if you do not meet the registration, continuous physical presence, or continuous residence requirements. Applications may also be rejected if you:
- Have participated in terrorist activity or persecution of another person
- Have been convicted of 2 or more misdemeanors or a felony in the U.S.
- Are considered ineligible because of security or non-waivable criminal reasons
- Do not re-apply without good cause (after it’s granted)
Filing for TPS | Ukraine
To apply for TPS under Ukraine’s designation, you must file during the 18-month registration period (April 19, 2022-October 19, 2023). You can either file online or submit a paper application to the appropriate USCIS office. To complete your application, you will need to submit:
- Form I-821
- Evidence that verifies your identity, nationality, date of entry, and continuous residence
- Filing fees
You can also submit a Request for Employment Authorization (Form I-765) along with these materials if you would like legally work in the U.S. You should consult with an experienced immigration attorney when filing as they can help you correctly file your paperwork, collect your evidence, and navigate the complex immigration system.
Consult with Our Attorneys
At Musa-Obregon Law PC, our legal team is dedicated to offering our clients high-quality, compassionate legal services. If you need help with an immigration law matter, we are equipped to help you understand your rights and legal option and can work tirelessly to help you navigate the complexities of the immigration process.
Learn more about our services by scheduling a case consultation online or by calling (888) 502-8461 today. We provide services in multiple languages, including Ukrainian.