On March 3, 2022, Secretary Alejandro N. Mayorkas of the Department of Homeland Security (DHS) designated 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 Mayorkas. “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”
TPS designation for a country may be authorized when country conditions meet one or more of the following statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. DHS has based Ukraine’s TPS designation on both the ongoing armed conflict with Russa and the resulting extraordinary and temporary conditions in Ukraine that preclude a safe return of Ukrainian nationals to Ukraine. Following this designation, Ukraine joins a list of 12 other countries whose nationals are currently eligible for TPS.
To be eligible for TPS under this designation, Ukrainian nationals must have continuously resided in the United States since March 1, 2022. TPS designation will not be available to Ukrainians who travel to the U.S. and arrive after March 1, 2022.
Ukrainians interested in pursuing TPS must register for protection during a defined registration period, pay all associated fees, and establish eligibility for TPS. TPS may be issued regardless of present immigration status in the United States, and all applicants must undergo security and background checks. The TPS designation for Ukraine will take effect upon a forthcoming publication in the Federal Register, which will establish the registration period and provide instructions for individuals to apply for TPS and an associated Employment Authorization Document (EAD).
Please contact your Klasko Law attorney with any questions on this new development.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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