Designation of Ukraine for Temporary Protected Status: Impact and Other Considerations

Designation of Ukraine for Temporary Protected Status: Impact and Other Considerations

INSIGHTi

Designation of Ukraine for Temporary
Protected Status: Impact and Other
Considerations
Updated April 21, 2022
On February 24, 2022, Russia launched a full-scale attack on Ukraine, a country of 43.7 million people.
The United States and its allies have condemned the invasion, and are imposing trade and financial
sanctions on Russia and enhancing their own military deterrence posture, while also providing aid to
Ukraine. More than 4 million people have fled as refugees to neighboring countries, and the United States
pledged humanitarian assistance in response to the crisis. The United States maintains deep and
multifaceted relations with Ukraine, and the country is a leading recipient of U.S. foreign and military aid.
As of 2019, more than 350,000 foreign-born individuals from Ukraine resided in the United States. Some
have U.S. citizenship and others have lawful permanent resident (LPR) status. Still others have temporary
statuses (such as students, tourists, and temporary workers) and could see their authorized periods of
admission end before it is safe to return; and some have no lawful immigration status. Those with
temporary or no legal status could benefit from certain temporary immigration relief options.
Temporary Protected Status Designation for Ukraine
On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine
for Temporary Protected Status (TPS) for 18 months. DHS cited the armed conflict and extraordinary
conditions in Ukraine resulting from Russia’s attack on that country.
The DHS Secretary, after consultation with other U.S. government agencies, may designate a country for
TPS if (1) there is an armed conflict preventing the safe return of nationals from that country; (2) there
has been an environmental disaster in the country that substantially disrupts living conditions; or (3) there
are “extraordinary and temporary conditions” that prevent foreign nationals from safely returning. The
DHS Secretary may designate the country for periods of 6 to 18 months and may extend these periods if
the country continues to meet the conditions for designation.
To qualify for TPS, an applicant from a designated country must meet certain criteria, including physical
presence in the United States since the effective date of the country’s TPS designation, continuous
residence in the United States since a date specified by the DHS Secretary, and admissibility to the United
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States (though, as discussed below, some admissibility criteria may be waived). A TPS recipient may
remain in the United States for the period in which the TPS designation is in effect and apply for work
authorization.
DHS’s original announcement of TPS for Ukraine stated that Ukrainian nationals who have continuously
resided in the United States since March 1, 2022, and meet the other eligibility requirements may apply
for TPS. Subsequently, in a Federal Register notice published on April 19, 2022, DHS rolled the arrival
cutoff date to April 11, 2022. Thus, Ukrainians who traveled to the United States between March 1 and
April 11 are newly eligible to apply for TPS. DHS estimates that 59,600 Ukrainians are eligible to apply
for TPS.
DHS’s TPS designation will allow many Ukrainian nationals, including those without lawful immigration
status, to remain and work in the United States for at least 18 months. DHS could potentially extend that
period if Ukraine continues to meet the conditions for TPS in the future. TPS recipients may also
simultaneously hold or pursue another immigration status. The grant of TPS, however, does not confer a
direct path to LPR status. Additionally, a TPS recipient who unlawfully entered the United States and later
obtained TPS is not considered to be “inspected and admitted” for purposes of establishing eligibility for
adjustment of status (e.g., based on a marriage to a U.S. citizen).
Statutory restrictions could bar some Ukrainian nationals from TPS. Although DHS may waive many
grounds of inadmissibility that would otherwise make an applicant ineligible for TPS, there are no
waivers for those who are inadmissible because of specified criminal offenses (e.g., drug trafficking) or
certain security-related grounds (e.g., terrorist activities). Further, an individual is barred from TPS if that
person was convicted of any felony or two or more misdemeanors in the United States or if that person
falls within the enumerated categories of applicants barred from asylum.
Other Potential Immigration Relief Options
Regardless of whether they are eligible for TPS, Ukrainians may qualify for existing pathways to enter or
remain in the United States. Some forms of temporary relief are discussed below.
Special Student Relief
Most international students enter the United States on F-1 visas, which allow for temporary admission to
pursue full-time academic study. According to DHS, there are currently 2,616 F-1 students from Ukraine
in the United States. Generally, F-1 students must maintain a full course of study and may only work
under limited circumstances. In some situations, however, the DHS Secretary may suspend certain
regulatory requirements related to full-time study and employment for students from countries
experiencing conflict, natural disaster, or other emergent circumstances. This suspension is called special
student relief (SSR). On April 19, 2022, DHS added Ukraine to the list of countries for which SSR is
available. In addition to SSR, individual F-1 students may apply for permission to work off-campus if
they face severe economic hardship due to unforeseen circumstances.
Extensions and Changes of Status
Some Ukrainians who are in the United States in nonimmigrant (i.e., temporary) statuses may wish to
extend their stay past the current period of authorized admission. Eligible individuals can apply to DHS
for an extension or change of status. DHS has discretion to excuse delayed applications when the delay is
due to extraordinary circumstances beyond the applicant’s control.

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Deferred Action
Commonly referred to as deferred action, DHS may opt not to remove an individual pursuant to its broad
enforcement discretion. Although there does not appear to be one central, publicly available agency
document that governs the criteria and procedures, DHS may exercise this discretion and decline to
remove an inadmissible or deportable Ukrainian national.
Alternatively, DHS has discretion to suspend removal flights to particular countries. The agency
reportedly suspended removal flights to Ukraine and other countries in that region.

Author Information

Hillel R. Smith
Kelsey Y. Santamaria
Legislative Attorney
Legislative Attorney

Jill H. Wilson

Analyst in Immigration Policy

Disclaimer
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IN11889 · VERSION 2 · UPDATED