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Temporary Protected Status for Ukraine Individuals

Posted on March 12, 2022 in Immigration

On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for an initial period of 18 months.

What is Temporary Protected Status (TPS)?

A country may be designated for TPS when conditions in that country involves ongoing armed conflict within the state posing a serious threat to its nationals if returned, earthquake/floods/epidemic/other environmental disasters resulting in significant but temporary disruption of living conditions in the area affected, or extraordinary conditions in foreign state preventing its nationals from returning safely.

Who is eligible for TPS?

The Department of Homeland Security (DHS) has confirmed that certain Ukraine nationals are qualified for TPS based on both ongoing armed conflict and extraordinary conditions in Ukraine that prevent its nationals from returning safely.

Individuals are eligible for TPS if they have continuously resided in the United States since March 1, 2022. Ukrainian nationals who attempt to travel to the United States after March 1, 2022, will not be eligible for TPS. TPS may be issued regardless of present immigration status in the United States, and applicants will need to undergo security and background checks.

During this 18-month period, beneficiaries or those who are found preliminarily eligible for TPS are not removable from the United States. These individuals can apply for employment authorization (work permits) and may be granted travel authorization. Once an individual is granted TPS, DHS cannot detain them on the basis of their immigration status in the United States.

Speak with an attorney

If you or someone you know needs assistance with applying for TPS, please call our office to speak to our immigration attorney to determine if you are eligible.