Temporary Protected Status
Ukraine:
The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. The designation will take effect following publication of the Federal Register notice.
To be eligible for temporary protected status, a Ukrainian national must have continuously resided in the United States since March 1, 2022. Ukrainians who travel to the United States after March 1, 2022 will not be eligible for TPS.
Other countries:
Other counties eligible for temporary protected status are:
- Burma (Myanmar)
- El Salvador
- Haiti
- Honduras
- Nepal
- Nicaragua
- Somalia
- South Sudan
- Sudan
- Syria
- Venezuela
- Yemen
What are the benefits of TPS?
As the name suggests, Temporary Protected Status is a temporary benefit.
During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases:
- are not removable from the United States,
- can obtain an employment authorization document (EAD),
- and may be granted travel authorization.
Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.
Temporary Protected Status does not lead to lawful permanent resident status. During the registration period, an eligible national can apply for this benefit.
Students in Temporary Protected Status are in the United States in lawful status. They should be considered eligible for admission to any public or private college or university, although they are not always eligible for student aid and other benefits.
What are the requirements?
Applicants must meet all eligibility requirements and undergo security and background checks. Individuals must apply within the registration period for TPS and an Employment Authorization Document.
Jody B Marten consults on Temporary Protected Status cases and can act of counsel. She is an experienced immigration attorney and has worked for the United States government, at the United States Catholic Conference Migration and Refugee Services and now in private practice. She has represented clients before the Immigration Court and at the Board of Immigration Appeal, served as an expert witness and worked on policy used by immigration judges. Contact the Law Office of Jody B. Marten to arrange for a consultation.
