Protected Status for Ukraine
By Liliana Gallelli, Immigration Attorney
TPS is a temporary immigration status granted to eligible nationals of a foreign state designated for TPS under the Immigration and Nationality Act (INA). 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.
Under this designation, individuals must submit an initial Ukraine TPS application and may also submit an application for Employment Authorization during the 18-month initial registration period that runs from April 19, 2022, through October 19, 2023. In addition to demonstrating continuous residence in the United States since April 11, 2022, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since April 19, 2022, the effective date of this designation of Ukraine, before USCIS may grant them TPS. DHS estimates that approximately 59,600 individuals may be eligible for TPS under the designation of Ukraine.
TPS beneficiaries may also apply for and be granted travel authorization as a matter of discretion. You must file for travel authorization if you wish to travel outside the United States. If granted, travel authorization gives you permission to leave the United States and return during a specific period. To request travel authorization,
Our law firm can assist Ukrainians to for TPS and an Employment Authorization Document (EAD/work permit). After TPS is granted, we can also assist with travel authorization.
The following are the documents required to apply for Ukrainian TPS:
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 April 11, 2022; and
3) Have been continuously physically present in the United States since April 19, 2022.
Documents that will 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 April 11, 2022 and physical presence since April 19, 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 of $545 if applying for a work authorization permit (ages 14-65).
When the Secretary terminates a foreign state's TPS designation, beneficiaries return to one of the following:
· The same immigration status or category that they maintained before TPS, if any (unless that status or category has since expired or terminated); or
· Any other lawfully obtained immigration status or category they received while registered for TPS, as long as it is still valid beyond the date TPS terminates.
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