On March 3rd, the US Secretary of Homeland Security Alejandro Mayorkas announced that the country of Ukraine is designated for Temporary Protected Status, or TPS, because of the war and ongoing violence in the country caused by the invasion of the Russian army.

TPS is a temporary immigration status for those residing in the United States. The designation applies only to people from certain countries, and for a limited time. Temporary Protected Status allows people from a designated country to remain in the United States for a limited period of time. While in the United States, TPS allows people to apply for work permits and for travel outside of the United States. TPS also provides protection against detention and deportation by USCIS. The most recent announcement from the Department of Homeland Security grants TPS status for Ukraining nationals for a period of 18 months, so long as they have resided in the United States since March 1st, 2022.

Those wishing to take advantage of Temporary Protected Status must file an application and receive approval before receiving benefits. USCIS Form I-821 is the form to complete to begin the process, and it is a good idea to have an immigration lawyer assist you with the application and approval process. Only certain people may apply for Temporary Protected Status, which includes:

• A Ukrainian national citizen, or an individual without nationality but has lived in Ukraine prior to coming to the United States
• Ukrainians who have lived in the United States and have not left the country since March 1st, 2022

There are some conditions that would prevent someone from applying for Temporary Protected Status, which includes:

• Being convicted of a felony or two or more misdemeanors in the United States
• Committing or inciting terrorist activitiy
• Failing to re-register for TPS once approved, without good cause
• Having committed certain criminal activity before entering the United States

As part of the process, TPS applicants must provide several documents and pieces of information to confirm their eligibility for the program. These documents include:

• Proof of identity, such as a passport or birth certificate
• Proof of date of entry to the United States, such as I-94 arrival/departure record
• Proof of continued residence in the United States, as of the effective date.

Ukrainians may apply for work authorization by completing form I-765 Application for Employment Authorization, either as part of their initial TPS application or at a later date. Ukrainians may also apply to travel abroad by completing the form I-131 Application for Travel. While receiving protection under TPS, people may also apply for asylum, lawful permanent status, or other protected status if the person meets the requirements for those programs.

Application Availability

The application for TPS for Ukrainian nationals residing in the United States will be announced by USCIS on their website. Click here for the latest status and information: https://www.uscis.gov/humanitarian/temporary-protected-status or contact our law offices for more information and to get your application started.