Temporary Protected Status (TPS) for Ukrainians: A Pathway to Safety

Temporary Protected Status (TPS) is a temporary immigration status granted to nationals of certain countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions that prevent them from safely returning. In light of the current conflict in Ukraine, Ukrainian nationals in the United States may be eligible for TPS, offering them a temporary haven and work authorization while the situation in their home country remains unstable.

Qualifications for TPS for Ukrainians:

To qualify for TPS, Ukrainian nationals must meet the following criteria:

1. Nationality:

• The applicant must be a national of Ukraine, or a person without nationality who last habitually resided in Ukraine.

1. Continuous Physical Presence:

• The applicant must have been continuously physically present in the United States since the effective date designated by the Department of Homeland Security (DHS) for Ukraine TPS. For the most current date, please refer to the USCIS website or consult an immigration attorney.

1. Continuous Residence:

• The applicant must have continuously resided in the United States since the date specified by DHS. Temporary travel outside the U.S. might be allowed but should not disrupt the continuous residence requirement.

1. Eligibility:

• The applicant must not have been convicted of any felony or two or more misdemeanors in the United States.

• The applicant must not be inadmissible to the U.S. based on certain criminal and security-related grounds.

• The applicant must not be subject to any of the mandatory bars to asylum, such as persecuting others or engaging in terrorist activities.
  

The TPS Application Process for Ukrainians:

1. Form I-821, Application for Temporary Protected Status:

• Complete and submit Form I-821 to U.S. Citizenship and Immigration Services (USCIS).

• Ensure that the form is filled out accurately and completely to avoid delays or denials.

1. Form I-765, Application for Employment Authorization:

• If the applicant wishes to work in the United States, they should also file Form I-765.

• Filing Form I-765 with Form I-821 can expedite the process of obtaining work authorization.

1. Supporting Documents:

• Submit evidence of nationality (e.g., passport, birth certificate) and identity.

• Provide proof of continuous residence and physical presence in the United States (e.g., utility bills, lease agreements, school records, employment records).

1. Filing Fees:

• Pay the required filing fees or request a fee waiver if unable to afford the fees.

• Fees include the application fee for Form I-821 and, if applicable, the biometric services fee and the application fee for Form I-765.

1. Biometrics Appointment:

• Attend a biometrics appointment if required, where fingerprints, photographs, and a signature will be taken for background checks.

1. Awaiting Decision:

• USCIS will review the application and may request additional information or evidence.

• Applicants will be notified of the decision in writing. If approved, they will receive TPS and, if applicable, an Employment Authorization Document (EAD).
  

Benefits of TPS for Ukrainians:

• Protection from Deportation: TPS holders are not removable from the United States and are protected from deportation for the duration of the TPS designation.

• Work Authorization: TPS holders can apply for an Employment Authorization Document (EAD), allowing them to work legally in the U.S.

• Travel Authorization: TPS holders may apply for advance parole to travel outside the United States and return without jeopardizing their TPS status.

• Temporary Status: TPS is a temporary status that can be extended by DHS as long as the conditions in Ukraine remain unsafe for return.
  

Important Considerations:

• Temporary Nature: TPS is temporary and does not lead directly to permanent residency or citizenship. However, TPS holders may pursue other immigration options if eligible.

• Re-registration: TPS holders must re-register during each re-registration period to maintain their status.

• Legal Assistance: Navigating the TPS application process can be complex. Consulting with an immigration attorney can help ensure that applications are properly completed and submitted.
  

For Ukrainian nationals seeking safety and stability during these tumultuous times, TPS offers a critical lifeline. Our firm is committed to guiding you through the TPS application process, providing the support and expertise needed to secure your status in the United States.