Immigration for Ukrainian Applicants

Since the 2022 military invasion of Ukraine by Russia, thousands of Ukrainian citizens have been forced to flee the country. Many of those refugees hope to make their way to the United States. While immigration laws are complex, those fleeing the Ukraine may be able to come to the United States with the help of a seasoned immigration lawyer.

If you have questions about immigration for Ukrainian applicants, now is the time to ask. The process for immigrating to this country might not be easy, but it could become even more challenging in the future.

What Is Temporary Protected Status?

As a response to the crisis in Ukraine, the federal government has extended something known as Temporary Protected Status—or TPS—to Ukrainian residents. TPS provides Ukrainian immigrants with protection from removal from the U.S., even in cases where they might otherwise qualify for deportation.

TPS was established in federal law in 1990. Protected status must be issued to residents of individual nations. Over the years, the status has been given and removed as foreign countries deal with a wide range of crises.

An important part of TPS protection is the bar on removal from the country. This prevents Ukrainian immigration applicants in the United States from being returned to a war-torn country during a time of upheaval. However, this is not the only protection offered by the law. Beneficiaries of TPS also gain work privileges in the U.S. This is important, as undocumented immigrants and many visa holders are not legally allowed to maintain employment during their time in this country.

Who Is Eligible for TPS Protections?

The federal government first extended TPS protection to Ukraine in March of 2022. However, that does not mean these protections are available for everyone hailing from that country. Eligibility for TPS protections is primarily limited to individuals who were already in the U.S. at the time TPS protection was extended. TPS is only an option for Ukrainian citizens in the U.S. since March of 2022, or stateless individuals who primarily lived in the Ukraine prior to that time.

It is possible to lose the protection of TPS status, even if you would otherwise qualify. An applicant has to remain in the country continuously for TPS status to remain in place. That means anyone that has left the U.S. since March of 2022 may no longer enjoy protection through TPS.

The law excludes other people from TPS protection entirely. For example, an immigrant’s criminal record could impact their ability to qualify. Anyone with one felony or two misdemeanor convictions on their record may not be able to secure this protection.

Given all of the factors that impact eligibility, it is important to speak to an attorney about qualifying for TPS. For immigrants of Ukraine, the consequences of misunderstanding these protections can be severe. An experienced attorney could make certain that TPS applies for an immigrant that is considering their options during this difficult time.

Talk To an Attorney About Ukrainian Immigration Issues

You should never assume that federal law will protect you from removal, even if you believe you qualify for TPS. It is important to speak with legal counsel about the impact of this status on immigration for Ukrainian applicants. An attorney could also ensure that your rights are protected as you fight to remain in the U.S. Call Solano Law Firm today for guidance and support.