Temporary Protected Status Ukraine

A new designation that allows Ukrainians to apply for TPS and Employment Authorization has been announced on March 2022.  According to Secretary Mayorkas, the TPS designation will have a timeframe of 18 months.  Below is the official communication from the U.S. Government.  Per www.dhs.gov (link to DHS official communication here):

The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. 

“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,” said Secretary Alejandro N. Mayorkas. “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely. These conditions result from the full-scale Russian military invasion into Ukraine, which marks the largest conventional military action in Europe since World War II. This invasion has caused a humanitarian crisis with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or water or access to food, basic supplies, shelter, and emergency medical services.

Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022 will not be eligible for TPS. Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.

The TPS program was created by the United States Congress in 1990 under the Immigration Act of 1990. It is provided to nationals of selected countries who are facing problems that make it hard or may face security risk if deported there. Countries may be designated for Temporary Protected Status for different reasons such as environmental disasters, armed conflicts destabilizing the region or other extraordinary conditions. 

It is recommended that individuals seeking to apply for TPS contact our immigration lawyer in Orlando immediately at  (407) 593-4501.

Once Ukrainian refugees are granted the TPS Ukraine, they will receive a temporary stay of deportation as well as authorization of temporary nature to work in the United States (via a separate application for Employment Authorization Documents or EADs) The beneficiaries would also be eligible to obtain permission to travel out of the country and return to the U.S. even though this benefit must also be applied for separately.

Dealing with immigration matters may be confusing, but we are experts in the subject matter that can help. From the first meeting to the receipt of the green card, we will be there to support you.

For further information regarding the Temporary Protected Status for Ukrainian nationals in the United States, contact our attorney of Immigration Law in Orlando Roberto Lopez Ortiz at Complete Immigration Solutions.

Contact us at (407) 593-4501 and schedule your consultation to speak to our immigration attorney. You may also reach out to us by filling out our contact us form.

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