USCIS recently announced that Secretary of Homeland Security Alejandro N. Mayorkas has added a new designation of Ukrainian nationals for Temporary Protected Status (TPS) for 18 months. The 18-month designation will go into effect upon publication in the forthcoming Federal Register notice. Once published, TPS applicants from Ukraine who meet the eligibility requirements will be able to apply with USCIS.
The initial TPS registration period with USCIS will be defined by the Federal Register notice. To be eligible for TPS, Ukrainian nationals who wish to apply must do so during the specified registration period. ILBSG will update its clients regarding the filing deadline once the dates are announced. In the meantime, we advise working with an attorney to prepare your application and supporting documents, so that your TPS application can be submitted to USICS as soon as the registration period opens.
If you are a Ukrainian national who has been in the U.S. since March 1, 2022, who does not have a criminal record or other bars to admission, you may be eligible to apply for TPS. Any Ukrainian nationals who attempt to travel to the U.S. after March 1, 2022, will not be eligible for TPS. There is a continuous residence requirement in order to be eligible for TPS, so if you have been in the U.S. since March 1, 2022, ILBSG advises you do not travel outside the U.S. until your TPS application is filed and approved. To travel after that, you will need to be granted advance parole
In order to apply for TPS, you will need the following documents:
Proof of Identity & Ukrainian Nationality:
• A copy of your passport
• A copy of your birth certificate
• A copy of photo identification (license, national ID card, etc.)
Proof of Date of Entry:
• I-94 Arrival/Departure Record
Proof of Continuous Residence in the U.S. since March 1, 2022:
• Employment records
• Lease/Mortgage
• Rent receipts, utility bills, etc.
• School records, if applicable
• Hospital or medical records, if applicable
• Attestations by a church, union, or other organization officials who know you and where you have been residing, if applicable
When filing for TPS, you can also file for an Employment Authorization Document (EAD). Once approved, this will allow you to work in the U.S. while you hold TPS.
A breakdown of the USCIS fees for a TPS application, with or without an EAD, is provided below:
If you are otherwise eligible for TPS but believe you are barred from applying due to a criminal record or other bars to admission, you may be eligible for an I-601 waiver, which can be applied with your TPS application. You should speak to an immigration attorney to determine what options may be available to you.
If you are a Ukrainian national inside the U.S. since March 1, 2022, and are interested in filing an application for an 18-month TPS, please reach out to ILBSG today. We have extensive experience and expertise in immigration and put our knowledge to work for you, for your specific situation, to ensure you get the right advice.
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