UKRAINE GRANTED TEMPORARY PROTECTED STATUS FOR 18 MONTHS

By: Joy Dungca

Due to the current humanitarian crisis in Ukraine, the Department of Homeland Security (DHS) designated Ukraine for Temporary Protected Status (TPS) for an 18-month period.

Ukrainian nationals or nationless individuals last based in Ukraine will be eligible for TPS if they were residing in the US before March 1, 2022. TPS provides a work permit and a stay of deportation to grantees.

HOW IS TEMPORARY PROTECTED STATUS GRANTED?
TPS is granted when conditions in a country meet at least one of three statutory bases for designation:

1. Ongoing armed conflict.
2. Environmental and natural disasters.
3. Extraordinary and temporary conditions.

TPS GRANTED TO UKRAINE 
Based on the Russian invasion into Ukraine, Ukraine is facing a humanitarian crisis. Ukraine meets the criteria for TPS based on ongoing armed conflict and the extraordinary and temporary conditions in the country. Many individuals are fleeing Ukraine, and those still in the country are without electricity, water, food, basic supplies, shelter, and emergency medical supplies.

ELIGIBILITY FOR TPS
To be eligible for TPS, Ukrainian nationals and individuals last living in Ukraine without a nationality must have been residing in the United States before March 1, 2022. People who travel to the US after March 1, are not eligible for TPS. The designation will be published in the upcoming Federal Register notice, along with application instructions. Applicants will be required to pass security and background checks.

CONCLUSION
For case-specific questions, assistance filing a TPS application, or more information regarding TPS eligibility, contact your trusted Chugh, LLP immigration professional.