Temporary protection in the USA was extended to Ukrainians. What to do next?

US Department of Homeland Security reported on the extension of the status temporary protection, the so-called Temporary Protected Status (TPS), for citizens of Ukraine. The program was extended for 18 months, from October 20 of this year to April 19, 2025.

In addition, the agency announced an additional opportunity to apply for TPS for Ukrainians who were in the United States as of August 16, 2023. The announced changes concern almost 200,000 Ukrainians, the Embassy of Ukraine in the United States emphasized.

About who exactly these changes will affect, as well as what the next steps of Ukrainians in the USA should be, an immigration lawyer and member of the board of directors of the Ukraine Immigration Task Force organization, Iryna Mazurtold the Voice of America journalist, Kateryna Lisunova.

The interview has been edited for clarity and flow.

Kateryna Lisunova, Voice of America: What exactly is the announcement of the US Department of Homeland Security (DHS) about the status of Ukrainians?

Iryna Mazur, immigration lawyer: “We actually have two pieces of news. Firstly, the TPS status was extended until April 19, 2025, for all people who were registered for the initial period. And secondly, the news that many Ukrainians who arrived after April 11, 2022 were waiting for and who were unable to make it to the initial TPS registration period, a new registration date was entered for them.

All citizens of Ukraine who are physically present in the USA as of August 16, 2023 will be able to apply for temporary protection status. And this status will be valid from August 20, 2023 to April 19, 2025.

This is important news, because many Ukrainians were here in B-2 status. They entered on visitor visas and, unfortunately, were not eligible for the initial TPS registration period. They will now be able to obtain Temporary Protected Status for 18 months, and they will also be eligible for work eligibility and a Social Security Number (SSN).

K.L.: Who does it concern, which categories of citizens?

I.M.: This is an extremely generous program and almost all Ukrainian citizens who were physically in the US as of August 16 will be able to use it.

However, citizens of Ukraine who have not been to the United States and will arrive after August 16 will not be able to qualify for TPS. I recommend such categories of citizens to use the U4U (Uniting for Ukraine) program, which is still working. That is, the main point is physical stay. Another category of people are those who were here on TPS, left and, accordingly, their departure was stopped by their TPS, but they returned, for example, on a visitor visa. They will probably also be able to apply for a new re-registration period.

There are very few categories of Ukrainian citizens who will not be able to receive TPS. These are exceptions when there are certain crimes. But here you need to consult a lawyer, because even in such cases you can sometimes apply and get TPS.

Even those citizens of Ukraine who have a second citizenship of another state fall under the TPS criteria. But it will be a complicated process, a lot of circumstances need to be taken into account here.

In this case, a lot depends on which passport you crossed the border with, how long you lived and whether you put down roots in the country of your other citizenship. That is, it is not an automatic disqualification, but you need to contact a migration lawyer.

There is also interesting news for those citizens of Ukraine who arrived here through the “password”, through the southern border. (The status of the so-called “humanitarian password” allows temporary residence in the USA with the right to work and study – ed.). It looks like all citizens of Ukraine, even those who arrived under “password” and those who are currently under U4U, will also be able to apply for TPS status.

K.L.: Students are mentioned in a separate column in the message. What exactly is prescribed for this category of Ukrainians?

I.M.: TPS is not a classic immigration or nonimmigrant status, it is a special right to stay in the US even when there is another status or no status at all. Thus, citizens of Ukraine who have the status of students and continue to study in the USA will be able to apply for TPS status at the same time.

Last year, when Ukraine was recognized as a country with TPS status, another decision was entered into the federal register. This decision concerns the possibility of obtaining the right to work not only for people with TPS, but also for students who are citizens of Ukraine, who are studying and, accordingly, due to the war and due to difficult financial conditions, they can no longer pay for their education. For such categories, there is a special other possibility of obtaining the right to work.

K.L.: What should be the next steps of Ukrainian citizens in the USA after this announcement? What should be done next?

I.M.: So far, it says that filing for TPS re-registration, as well as filing for new TPS status, as well as work permits, must all be done online. That is, there are now mechanisms on the website of the immigration service USCIS.gov, when both forms can be submitted online.

Instructions must be clearly followed, read and submitted as required. Also, you must not commit any crimes and when we have a new tax year, you must pay your taxes in the US on time. That is, in order to maintain your status of stay in the US, you must comply with all local laws.

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