What the crisis in Ukraine means for Temporary Protected Status

By Ann M. Fischer 

On Feb. 24, Russia invaded Ukraine and, subsequently, on March 3 the U.S. Department of Homeland Security announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.  

The designation applies to individuals who:  

• Are Ukraine nationals;  
• Have been present in the United States since March 1; and 
• Meet security and background checks.  

Qualification under TPS provides the following protections and benefits for individuals who: 

• Are not removable from the United States;  

• Can obtain an employment authorization document (EAD); and  
• May be granted travel authorization.  

Someone might not qualify for TPS if they:  

• Have been convicted of any felony or have two or more misdemeanors committed in the United States; 

• Are found inadmissible as an immigrant under applicable grounds in Immigration and Nationality Act section 212(a), including non-waivable criminal and security-related grounds; 
• Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity; 
• Fail to meet the continuous physical presence and continuous residence in the U.S. requirements; 
• Fail to meet initial or late initial TPS registration requirements; or 
• If granted TPS, they fail to re-register for TPS, as required, without good cause. 

If you have questions related to TPS, contact us at Gardi Haught Fischer & Bhosale Ltd. to review your matter. Get started by clicking on the free case evaluation button below.