TPS for Ukraine

Russia’s continued war against Ukraine prompted the United States to grant Temporary Protected Status (TPS) to Ukrainians already residing in America. TPS allows Ukrainians who cannot safely return to their homeland due to the armed conflict to stay and work legally in the U.S. for 18 months. This humanitarian program spares thousands from facing danger if deported. It also benefits public health, as TPS status provides recipients access to medical care without fear. Beyond individual safety, TPS for Ukraine carries significant economic advantages. Ukrainians fill vital jobs and pay taxes that boost local communities and industries like agriculture, construction, and home care. They actively contribute to society, although impacted by events beyond their control.

The Secretary of Homeland Security designates eligible foreign countries for TPS when conditions temporarily prevent nationals from safely returning or when the government cannot accept returnees due to armed conflict, disasters, or other extraordinary circumstances. USCIS then grants TPS to qualifying nationals residing in the United States or stateless individuals previously living in the designated country. This provides work authorization and protects them from deportation. TPS remains a temporary status that does not lead to lawful permanent residence. However, it allows eligible people to pursue other immigration applications for which they qualify actively. TPS also aligns with America’s active role in globally supporting democracy during these difficult times.

What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a humanitarian immigration program initiated by the United States government. The TPS program provides temporary lawful status and protection to individuals from certain countries facing armed conflict, war, disasters, or other conditions that prevent their safe return to their country. The primary purpose of TPS is to offer refugees and relief to foreign individuals who cannot return to their countries due to circumstances beyond their control. This program allows the individuals in question to live and work legally in the US until conditions are favorable in their home countries and a safe return is possible.

Over the years, the TPS program for Ukrainians has provided safe residency to hundreds of thousands of individuals, facilitating the rebuilding of their lives in safety and dignity. However, individuals must know that the TPS program is temporary, and the beneficiaries must regularly apply for TPS extensions and meet eligibility requirements to maintain their protected status.

Why is there a need for TPS for Ukrainian citizens?

Since the full-scale war in Ukraine, thousands of innocent Ukrainians had to leave the country to save themselves from violence. Living a normal life in Ukraine is next to impossible due to Russian atrocities in Ukraine. Destruction of houses, schools, hospitals, and other infrastructure has made life miserable. Getting access to food and clothing has become difficult in Ukraine. Economic instability, unemployment, and inflation have made life hard in Ukraine.

Given these circumstances, a return back to Ukraine is unimaginable. Granting temporary protected status to Ukrainian nationals is a vital humanitarian cause that provides them temporary relief and protection. TPS allows eligible individuals from Ukraine to remain in the US legally, shielding them from deportation. It also allows them to work and support themselves and their families. The United States can fulfill its commitment to supporting human rights and promoting stability and security to affected groups by providing temporary protection.

Benefits of TPS Designation

Temporary Protected Status (TPS) designation significantly benefits eligible people from designated countries like Ukraine, providing vital relief and protection. Here are the key benefits of Temporary Protected Status:

  • Protection from displacement: TPS prevents Ukrainians from being sent back to danger in their war-torn homeland.
  • Work Authorization: Ukrainians can legally work and support themselves financially through the 18-month TPS period.
  • Access to healthcare: TPS recipients can obtain affordable medical care without fear of immigration consequences.
  • Economic contribution: Ukrainians fill important jobs and promote local economies through employment and tax payments.
  • Compliance with laws: TPS holders pay taxes and adhere to laws like other residents, promoting community integration.
  • A potential path to legal status: While temporary, TPS opens doors to possibly changing immigration status through other pathways if eligible.
  • Family unity: The designation protects immediate family members from displacement, supporting family well-being.

In addition, individuals get access to social services depending on state policies. Transportation in and out of the United States is also allowed (However, it’s crucial to consult immigration authorities before making international travel plans). With the TPS designation, the Ukrainian citizen can stay as long as the US government extends their TPS, and they can return to their country after things are done every day.

How Long is TPS Valid?

The current Temporary Protected Status (TPS) for Ukraine, starting from August 21, 2023, extends until April 19, 2025, with a provision allowing the U.S. government to extend it for another 18 months based on conditions in Ukraine. The extension announced by Secretary of Homeland Security Alejandro Mayorkas (DHS) on August 21, 2023, spans from October 20, 2023, to April 19, 2025. These extensions aim to provide ongoing support and relief for individuals facing risks in returning home due to conflicts, natural disasters, or other destabilizing factors.

 

TPS Designated Through: April 19, 2025
Re-Registration Period: Aug. 21, 2023 – Oct. 20, 2023
Registration Period: Aug. 21, 2023 – April 19, 2025
Continuous Residence in the U.S. Since: Aug. 16, 2023
Continuous Physical Presence in the U.S. Since: Oct. 20, 2023
TPS Designation Date: April 19, 2022
Current TPS Designation Date: Oct. 20, 2023
Federal Register Notice Citation: 88 FR 56872

Eligibility Criteria for TPS for Ukrainians

It is crucial for people who desire TPS to research the criteria for each status thoroughly. Knowing the specific requirements is key when applying for TPS. Here are the eligibility criteria for Ukrainians to qualify for Temporary Protected Status (TPS) under the U.S. designation are as follows:

  • Citizenship and Nationality Requirements: You must be a citizen of Ukraine or a person without nationality who last habitually lived in Ukraine. Family members may also qualify for derivative TPS.
  • Continuous Residence: Applicants must have lived in the United States since March 1, 2022, the effective date of Ukraine’s TPS designation.
  • Admission Status: Individuals must have been continuously present in the U.S. on March 1, 2022, or arrived in the U.S. by that date. This includes those with or without lawful status.
  • Criminal History: Individuals are ineligible if convicted of certain crimes or deemed a security risk by DHS. Minor crimes may be excusable.
  • Application Deadline: During the open registration period, initial applications must be received by DHS by January 3, 2024. Late filings may be considered.
  • Fees: A $80 biometric and $550 application fee per person are due. Fee disclaimers exist for financial hardship.
  • Identity Documentation: A valid passport, driver’s license, birth certificate, or other I.D. proof of identity and nationality is required.
  • Background Check: Applicants undergo security and criminal history screening for case processing.

Note: To learn about all the eligibility criteria in detail, please follow these government websites where you can find up-to-date information on TPS for Ukrainian eligibility:

Application Process for TPS for Ukrainians

The Temporary protected status (TPS) application process for Ukranians involves several steps. The steps are as follows:

Forms and Documentation Needed:

  • Form I-821, Application for Temporary Protected Status: This is the primary application form for TPS and must be completed accurately and fully.
  • Form I-765, Application for Employment Authorization(Optional): If the individual is seeking employment authorization in addition to TPS, they should also submit form I-765.
  • Supporting Documents: Applicants must provide documents such as identity, nationality, evidence of continuous residence, and physical presence in the United States. This includes documents like passports, citizenship, lease agreements, etc.

Filling Procedures and Deadlines:

  • File form I-821: Complete and submit the form I-821 and any required supporting documents to the United States Citizenship and Immigration Services (USCIS).
  • File Form I-765 (if applicable): If the applicant is seeking employment authorization, they should submit the I-765 along with the I-821 form.
  • Paying Filling Fees(If applicable): Some applicants may be required to pay a filing fee for Form I-821 and/or Form I-765. Fee waivers are also applicable to those who qualify.
  • Deadlines: Applicants must complete everything within the deadlines set by the USCIS

In case of any confusion, applicants can seek help from legal authorities to guide them throughout the application process.

Extensions and Renewals of TPS for Ukrainians

Extensions and renewals on TPS programs are granted and authorized by the US government. The TPS extension and renewal process involves reviewing the ongoing condition in Ukraine. There are certain criteria for TPS extensions:

Criteria for TPS extension:

  • Ongoing conditions in Ukraine: The Department of Homeland Security(DHS) continuously reviews the situation in Ukraine. The extension of TPS designation is dependent on such reviews. Factors like armed conflict, political instability, or environmental disasters are considered.
  • Continued need for protection: The Department of Homeland Security assesses whether the individuals from Ukraine still face unsafe conditions that prevent their safe return. The DHS evaluates the level of violence, human rights abuses, and other risks that hinder the safety of the individuals.
  • Compliance with TPS requirements: Any applicant seeking a TPS extension must demonstrate ongoing eligibility for TPS.

Process for TPS renewal:

  • Extension Announcement: When the Department of Homeland Security (DHS) decides it is still unsafe for Ukrainian citizens to return, it announces this through a notice in the Federal Register. This notice tells people when their Temporary Protected Status (TPS) will be extended and how to renew it.
  • Re-registration Period: DHS sets a time for people already under TPS from Ukraine to renew their status. This period lasts a few months and is announced well before the current TPS end date.
  • Submitting Renewal Applications: People with TPS from Ukraine must complete Form I-821 and provide any documents and fees needed during the renewal period. They can also complete Form I-765 for employment authorization if they want to keep working.
  • Meeting Deadlines: It’s essential to send in renewal applications on time. If they’re late, people might lose their TPS status and benefits.
  • Employment Authorization Document (EAD): After approval, people get a new Employment Authorization Document (EAD) showing the extended TPS end date.

Conclusion

The United States provides temporary Protected Status for Ukrainians, shielding them from risks they would face if deported to their war-torn homeland. This designation protects over 59,600 Ukrainians from displacement and permits them to live and work legally in the US through April 2025. To maintain their status, eligible beneficiaries must re-register during specified periods and demonstrate they cannot safely return to Ukraine. TPS holders contribute significantly to the US economy. They fill essential agricultural, construction, and healthcare jobs while supporting local communities through tax payments. The program, though temporary, provides crucial humanitarian relief, including access to medical care. TPS enables Ukrainians to avoid risk and support themselves financially until conditions in Ukraine improve. The ultimate goal is for beneficiaries to resume their lives in Ukraine safely when circumstances permit.

Frequently Asked Questions

Why is TPS Designated for Ukraine?

Here are the main reasons why TPS is designated for Ukraine:

  • Russia invaded Ukraine in 2022, sparking across-the-board conflict.
  • The ongoing war creates severe safety risks for civilians.
  • Ukraine faces a humanitarian crisis with shortages of basic necessities.
  • Millions of Ukrainians have fled their homes due to the violence.
  • Current conditions make it unsafe for many Ukrainians to return.
  • The U.S. aims to provide temporary protection and support for Ukrainians.

Can TPS for Ukraine be Extended Beyond the Initial 18 Months?

Yes, the Secretary of Homeland Security can extend or redesignate TPS for Ukraine if the country’s conflict and unsafe conditions survive. Extensions are typically granted in 6 to 18-month increments.

Can TPS Holders Travel Outside the U.S.?

TPS holders must obtain advance parole from USCIS before traveling outside the U.S. during their TPS designation. Forgetting to secure advance parole before travel may result in the termination of TPS status. USCIS grants advance parole to allow TPS beneficiaries to leave and re-enter the U.S. without risking their status.

Can TPS Lead to Permanent Residency?

TPS does not directly lead to permanent residency (a green card). However, TPS beneficiaries may be eligible to apply for other immigration benefits, such as status adjustment, that could result in permanent residency.

What Happens When TPS for Ukraine Ends?

When the TPS designation for Ukraine ends, beneficiaries will return to the same immigration status they had before TPS unless they have obtained a different immigration status. They may be subject to removal if they do not have legal status.

What are the Requirements for Maintaining TPS for Ukraine?

To maintain TPS, beneficiaries must re-register during each re-registration period, pay required fees, and continue to meet the eligibility requirements, including not having been convicted of certain criminal offenses.

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