Ukraine designated for Temporary Protected Status for 18 Months

Field of bamboo trees with walkway

Ukraine designated for Temporary Protected Status for 18 Months

Motherland Monument photograph by Max Vakhtbovych

Secretary Mayorkas Designates Ukraine for Temporary Protected Status for 18 Months

 

The Department of Homeland Security (DHS) 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. These conditions result from the full-scale Russian military invasion into Ukraine, which marks the largest conventional military action in Europe since World War II. This invasion has caused a humanitarian crisis with significant numbers of individuals fleeing and damage to civilian infrastructure that has left nearly a million individuals without electricity or water or access to food, basic supplies, shelter, and emergency medical services.

Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022, will not be eligible for TPS. Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks. 

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From the US Embassy Warsaw:   Options for Ukrainians who are present in or able to reach Poland

If you are a U.S. citizen with a Ukrainian spouse or child seeking to travel to the United States on a nonimmigrant visa:

  • If you already have an appointment at U.S. Embassy Warsaw but wish to expedite it, you may request expedition via https://www.ustraveldocs.com/pl/en/expedited-appointment.
  • If you already began a nonimmigrant visa application process in Ukraine, you may send a request to Support-Poland@ustraveldocs.com to ask for transfer of your “profile” to Warsaw, after which you should be able to continue the process for a Warsaw appointment.
  • If you are seeking but do not already have an appointment:

o    If you will apply in Warsaw:  Visit https://www.ustraveldocs.com/pl/en/step-4 and sign up for a “C1/D” (crew) appointment, even though you are not a crew member.  When you come to the Embassy we will convert your appointment to the proper type.

o    If you will apply in Krakow:  Visit https://www.ustraveldocs.com/pl/en/step-4 and sign up for an “F” (student) appointment, even though you are not a student.  When you come to the Consulate we will convert your appointment to the proper type.

  • If you are unable to schedule an appointment via this method, you may instead request a “group appointment” via https://ustraveldocs.com/pl/en/group-appointments and suggest a date convenient for you.  Once you have submitted your request, please wait for a response from the Embassy, which will come via email and should permit you to schedule an appointment.

If you are a Ukrainian who wants to travel to the United States or a U.S. citizen who has friends, business associates, or NON-IMMEDIATE family who want to travel to the United States: 

  • If the traveler already has an appointment at U.S. Embassy Warsaw but wishes to expedite it, you may request expedition via https://www.ustraveldocs.com/pl/en/expedited-appointment.
  • If the traveler already began a nonimmigrant visa application process in Ukraine, you may send a request to Support-Poland@ustraveldocs.com to ask for transfer of your “profile” to Warsaw, after which you should be able to continue the process for a Warsaw appointment.
  • If the traveler is seeking but does not already have an appointment at U.S. Embassy Warsaw or U.S. Consulate Krakow, you may try to schedule one via https://www.ustraveldocs.com/pl/en/step-4,  However, availability is extremely limited.

If you are seeking information about immediate humanitarian assistance in Poland: 

  • Almost all refugee cases in countries abroad are first processed by local authorities, in this case the government of Poland.
  • Please visit the government of Poland webpage for information about resources: https://www.gov.pl/web/udsc/ukraina-en.  This website provides the locations of official reception points along Poland’s border with Ukraine.
  • In Warsaw, those seeking information on support from the Polish government can direct inquires to the Office for Foreigners (Urząd do Spraw Cudzoziemców).

o    Taborowa 33, 02-699 Warsaw, Poland

o    Koszykowa 16, 00-678 Warsaw, Poland

  • Phone: +48 47 721 75 75,

§  Email: ukraina@udsc.gov.pl.

This update was prepared by Fausta M. Albi, Partner, Larrabee Albi Coker LLP.

Legal Disclaimer:  This e-blast is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter. Immigration laws and policies change frequently, often without notice. It is therefore important to seek direct legal counsel based upon individual circumstances. 

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