Yesterday, the Secretary of the Department of Homeland Security, Alejandro Mayorkas, announced the designation of Ukraine for Temporary Protected Status (TPS) for a period of 18 months.
In a statement the Secretary advised, “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. In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States. “
The designation adds Ukraine to the list of 12 other countries whose foreign nationals may be eligible for TPS within the United States. TPS is granted by the Secretary of the Department of Homeland Security to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances within their home country.
The designation for Ukraine is based both on the ongoing armed conflict and the temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine from returning to Ukraine safely.
The TPS designation for Ukraine is effective starting on March 01, 2022 through September 01, 2023.
Individuals eligible for TPS under this designation must have continuously resided in the United States since March 01, 2022. Foreign nationals who attempt to travel to the United States after March 01, 2022 will not be eligible for TPS.
Nationals of Ukraine who meet the eligibility requirements may submit TPS applications to U.S. Citizenship and Immigration Service (USCIS) during the registration period. Individuals who register and are granted TPS will not be removed from the United States and are authorized to obtain an Employment Authorization Document during this time.
Nationals of Ukraine must meet all TPS eligibility criteria, including demonstrating that they have been continuously residing in the United States since March 01, 2022.
For more information on TPS and the TPS designation for Ukraine, please contact Kolko & Casey, P.C.