Lewis Kappes

On March 3, 2022, the Department of Homeland Security announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.

“Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries,” said Secretary Alejandro N. Mayorkas. “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”

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. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely.

Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. TPS status for an individual in the U.S. does not necessarily provide benefits or visas for family who are not present in the U.S.

Ukrainian citizens in the U.S. may have other options, in addition to TPS, for remaining and working in the U.S. and for bringing family members to the U.S. As circumstances change on the ground in Ukraine, visa options, including asylum, may become more viable, depending on the person’s specific situation. For a comprehensive review of which immigration options are available, the depth of knowledge of an experienced immigration attorney is needed.

The attorneys at Lewis Kappes are well-versed in TPS. If you may be eligible for this protection or know someone who may be eligible, please call our office at (317) 639-1210 to schedule a consultation.

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