The Department of Homeland Security has announced that it will designate temporary protected status to Ukrainians living in the United States since March 1, 2022. Here is what you should know.
War in Ukraine
The Russian invasion into Ukraine is the boiling over of decades of tensions after the smaller nation broke away from the Soviet Union. Conflict on the Russian border began in 2014, but the order to invade did not come until February 2022. As border conflicts turned into an all-out war, Russian President, Vladimir Putin issued a statement announcing his intention to take Ukraine back by force.
During the last two weeks of February, the Russian military began the largest military operation in Europe since World War II. Ukrainians began to leave the country after missile strikes and cyberattacks began on February 24th.
In response to the horrifying war in Ukraine, the Department of Homeland Security has decided to grant Ukrainian nationals temporary protected status within the United States. This will help those seeking refuge from the violence in Ukraine to find safety and security within American borders.
Temporary Protected Status (TPS)
The Department of Homeland Security Secretary is responsible for deciding when and to whom temporary protected status will go. In most cases, TPS is given to nationals from a country or nation struggling with war, environmental disaster, epidemics, or other circumstances that make returning to the country unsafe. The Department of Homeland Security is granting TPS to Ukrainian nationals because of the war with Russia and ongoing conflict that makes Ukraine unsafe.
While temporary protected status is temporary, many foreign nationals who receive this migrant status can acquire work visas and pursue more permanent immigration status within the United States during their time in the country. This status is based on overall circumstances, not individual hardships which is why it is crucial to pursue adjustment of status if the conflict continues.
How To File for TPS
Ukrainian migrants seeking temporary protected status must complete the registration process. This includes filing Form I-821, Application for Temporary Protected Status. This form must be filed with Form I-765, Request for Employment Authorization if the applicant wants to work in the United States. Eligible applicants can receive a work visa and pursue employment once their TPS is granted.
Once both forms have been submitted, the U.S. Citizenship and Immigration Services will determine whether the applicant receives protected status. Applicants must include all necessary evidentiary documents with their formal application.
Additional documents necessary include:
- Passport
- Birth certificate or national identity document
- I-94 Arrival/Departure Record
- Employment records
- Utility or rent bills
- School records
These documents are necessary to prove that the applicant meets continuous residence requirements and is eligible for a change in status. Fees must also be included in the application unless the applicant is approved for Form I-912, Application for Fee Waiveror they are re-registering.
All TPS applicants should be cautious of scammers who may take advantage of the situation to make money. These bad actors appear to be legitimate authorities on the TPS registration process, but are exploiting victims of hardship for money. Only entrust your case to a licensed attorney.
Register for TPS Today!
If you are a Ukrainian migrant in the United States, Sebastian Simon Law Group, PLLC can help you register for temporary protected status. Our firm handles a variety of immigration cases from TPS registration to asylum and deportation defense. We are a world-renowned, award-winning firm with decades of experience helping migrants seek safety within the United States.
Schedule a consultation with Sebastian Simon Law Group, PLLC today for more information.
