On March 3, 2022, the U.S. Department of Homeland Security (“DHS”) announced the designation of Ukraine for temporary protected status (“TPS”) for eighteen months. This decision comes as a result of the escalating violence and the development of a humanitarian crisis in the wake of the Russian military invasion of Ukraine. Earlier in the week, bipartisan Senators urged President Biden to designate Ukraine for TPS.
TPS designation is available to Ukrainian nationals, and individuals without nationality who have habitually resided in Ukraine, who can demonstrate continuous residence in the US before March 1, 2022. Details of this TPS designation will be posted soon in the Federal Register.
TPS allows nationals of designated countries to remain in the United States for a specified period of time, which may be extended at the discretion of DHS, due to conditions in their respective home countries that would prevent a safe return. The types of conditions that qualify for TPS designation include: ongoing armed conflicts, environmental disasters, and other extraordinary, temporary conditions. Foreign Nationals who are granted TPS are shielded from removal from the US, can obtain work authorization, and may be granted travel authorization. TPS “is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status.”