On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for an initial period of 18 months.
A country may be designated for TPS when conditions in that country reduce into one or more of the three statutory requirements for designation. Those requirements include:
Ongoing armed conflict within the state posing a serious threat to the personal safety of nationals if returned there;
Earthquake, flood, drought, epidemic, or other environmental disaster resulting in a substantial but temporary disruption of living conditions in the area affected; or
Extraordinary and temporary conditions in the foreign state preventing its nationals from returning safely.
DHS has confirmed that the designation of Ukraine for TPS is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent its nationals from returning safely.
Individuals are eligible for TPS under this recent designation if they have continuously resided in the United States since March 1, 2022. Ukrainian nationals 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.
During a TPS designation period, beneficiaries or those who are found preliminarily eligible for TPS upon initial review of their cases are not removable from the United States;...
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