Ukraine and Afghanistan Granted Temporary Protected

Temporary Protected Granted For Ukraine and Afghanistan

Updates The Department of Homeland Security has published two Federal Register notices regarding how to register for Temporary Protected Status for individuals fleeing Ukraine and Sudan.

On March 3, 2022, The Department of Homeland Security granted temporary protected status (TPS) to Ukraine for 18 months in light of the war with Russia and the ongoing emergency with civilians. Those that are eligible for this protected status must have lived in the United States since March 1, 2022. Those who try to travel to the U.S. after March 1, 2022 are not considered eligible for TPS.

Secretary Alejandro N. Mayorkas said, “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. In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”

Also, The Department of Homeland Security (DHS) announced March 16, 2022 the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of March 15, 2022, will be eligible for TPS.

Secretary Alejandro N. Mayorkas said, “This TPS designation will help to protect Afghan nationals who have already been living in the United States from returning to unsafe conditions. Under this designation, TPS will also provide additional protections and assurances to trusted partners and vulnerable Afghans who supported the U.S. military, diplomatic, and humanitarian missions in Afghanistan over the last 20 years.”

Individuals will need to meet all the requirements to receive TPS including security and background checks. Those that try to travel to the U.S. after March 15, 2022 will not be eligible.

The designated of Temporary Protected Status

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.

The Secretary designate a country for TPS due to the following temporary conditions in the country:

Ongoing armed conflict
An environmental disaster
Other extraordinary and temporary conditions like earthquakes, epidemics etc.

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:

Applying for nonimmigrant status
Filing for adjustment of status based on an immigrant petition
Applying for any other immigration benefit or protection for which you may be eligible

Countries Currently Designated for TPS

Burma (Myanmar)
El Salvador
Haiti
Honduras
Nepal
Nicaragua
Somalia
Sudan
South Sudan
Syria
Venezuela
Yemen

Eligibility Requirements

To be eligible for TPS, you must:

Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation (Late initial filers see ‘Filing Late’ section below);
Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS web page to the left). The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.

You may NOT be eligible for TPS or to maintain your existing TPS if you:

Have been convicted of any felony or two or more misdemeanors committed in the United States;
Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
Fail to meet the continuous physical presence and continuous residence in the United States requirements;
Fail to meet initial or late initial TPS registration requirements; or
If granted TPS, you fail to re-register for TPS, as required, without good cause.

Maintaining TPS

Once you are granted TPS, you must re-register during each re-registration period to maintain TPS benefits. This applies to all TPS beneficiaries, including those who were initially granted by USCIS, an Immigration Judge, or the BIA. Follow the instructions above to apply for re-registration.

What happens after 18 months?

Should the situation in Ukraine or Afghanistan not improve drastically by the time the TPS elapses, the Department of Homeland Security has the authority to extend the protected status. Should this happen, individuals should check if it’s necessary to re-register or renew their work authorization

To learn more about TPS including how to file and the reliability requirements, click here.

The information on this page comes from USCIS and other trusted sources. It is intended for guidance and is updated as often as possible. citizenstests.com does not give legal advice, nor are any of our materials intended to be taken as legal advice. We only provide a video courses question & answer for all.