Monday, March 14, 2022

Temporary Protected Status for Ukrainians

 Temporary Protected Status (TPS) for Ukraine nationals

By Liliana Gallelli, Esq

A country may be designated for Temporary Protected Status (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.

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 which has not yet been published, 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.

Although the instructions have not yet been formally published, in our experience with TPS applications, the following will be some of the documents required to apply: 

The requirements:

1) Be a national of Ukraine (or a noncitizen without a nationality who last habitually resided in Ukraine);

2) Have continuously resided in the United States since March 1, 2022; and

3) Have been continuously physically present in the United States since March 1, 2022.

Documents that will likely be required:

1) Proof of Ukrainian nationality (passport, birth certificate and form of photo ID, or other government issued identification such as driver’s license, voter registration card, etc

2) Proof of date of entry into the United States (passport, visa, and I-94 card or proof of presence in the United States after unlawful entry, see below);

3) Proof of continuous residence in the United States since March 1, 2022 and physical presence since March 1, 2022. Documents with the name of the applicant and date that indicate presence in the United States are acceptable, including pay stubs, medical records, educational records, bills, banks statements, etc.;

4) 2 passport-style photos;

5) If applicable, certified court dispositions from any criminal case.

6) Filing fee (must wait for publication in the federal register for the amount, if any)

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