The Department of Homeland Security (DHS) on March 3, designated Ukraine for Temporary Protected Status (TPS) for an initial 18 months.
This means any eligible person who is a Ukrainian national residing in the U.S. – or who last resided in Ukraine before coming to the U.S. – before March 1, 2022, is protected from returning to Ukraine for at least 18 months. Anyone attempting to travel to the U.S. seeking TPS after March 1, 2022, is not eligible at this time.
Why Is Ukraine Designated for TPS?
DHS designated Ukraine for TPS due to armed conflict as well as “extraordinary and temporary conditions” resulting from Russia’s invasion. These are two of the three statutory reasons a country can be designated for TPS, the third being environmental disaster.
Russia’s offensive war with Ukraine is significant because it is the largest conventional war fought in Europe since World War II. Millions of Ukrainian non-combatants are attempting to flee the country as Russian artillery and airstrikes hit civilian targets. At least 400 Ukrainian civilians are dead and more than 800 are injured due to the fighting, according to the United Nations.
The overall situation in Ukraine can make it dangerous for immigrants living in the U.S. to return to their home country, which is why the U.S. is offering temporary protection for Ukrainian citizens and others who came from Ukraine.
Qualifying for Temporary Protected Status
If you are a Ukrainian citizen living in the U.S. or someone living here who came from Ukraine, regardless of your nationality, you may qualify for Temporary Protected Status. This status allows you to continue to live and work in the U.S. for at least 18 months, unless DHS extends or cancels the designation for Ukraine.
Other Forms of Relief May Be Available to Ukrainians
There are other forms of relief that may be available to Ukrainians, depending on each induvials eligibility and circumstance. One form of relief may be asylum, which is available to those who have suffered persecution or fear they will suffer persecution due to race, religion, nationality, membership in a particular social group, or political opinion. If you fear persecution on account of one of those grounds, you may apply for asylum affirmatively if already in the United States. Those eligible for asylum should generally apply within one year of their entry to the United States, although limited exceptions may apply. Individuals with pending asylum applications may be eligible for work authorization in the United States while their application is pending.
Another form of relief that may apply to Ukrainians under the age of 21 is special immigrant juvenile status (SIJS). Children under the age of 21 who are currently in the United States and who have been abused, abandoned, or neglected by one or both of their parents, may qualify for SIJS. To apply for SIJS, an individual under 21 must have a valid court order issued by a juvenile court finding that they cannot be reunited with one or both parents due to abuse, abandonment, or neglect. Then, they can petition for SIJ classification with USCIS. Those who have been granted SIJ classification by USCIS may be eligible to apply for a green card in the United States.
The safety of you and your loved ones may be at stake, so it’s vital to ensure you take the right steps toward achieving any immigration protection that may apply to Ukrainians in need. An immigration attorney, such as one of ours at The Modi Law Firm, PLLC, can help. With our experience and knowledge of immigration law, we can walk you through the necessary steps, if eligible, toward achieving protection in the U.S. while the Ukrainian war continues.
If you or a loved one is interested in TPS or other immigration applications, we strongly encourage you to contact Attorney Modi for all your legal needs. He is an experienced and well-versed lawyer who has the knowledge and resources needed to help you navigate the process easily. To get started, call (832)422-7789!