Ukraine Designated For TPS

On March 3, 2022, Secretary of Homeland Security Alejandro Mayorkas designated Ukraine for Temporary Protected Status (“TPS”) for a period of eighteen months. The Secretary made this designation due to Russia's invasion of Ukraine and the ensuing war.

See the USCIS news alert here.

In order to be eligible for TPS, a Ukrainian national will have had to have resided in the United States continuously since March 1, 2022. A Ukrainian national who travels to the United States after March 1, 2022, will not be eligible for TPS. The Ukrainian national must also be otherwise eligible for TPS under the relevant statutes and regulations.

You can learn more about TPS generally, including how to apply for TPS and the benefits and limitations of TPS, in our overview article [see article].

Although Ukraine TPS requires individuals to have resided permanently in the United States since March 1, 2022, ordinary immigration visas and benefits remain available to Ukrainians. For example, nothing about the Ukrainian TPS designation precludes Ukrainian nationals from seeking visas, asylum, or other forms of relief and protection in the United States.

Individuals with ongoing immigration matters who are affected by the Russian invasion of Ukraine may also seek immigration services designed to accommodate extreme situations. The USCIS may, on a case-by-case basis, make specific accommodations in cases where an applicant is affected by an extreme situation. You can learn about what benefits are available here.

Ukrainian nationals who are seeking TPS or assistance with a different immigration matter should consult with an experienced immigration attorney for case-specific guidance.