Russia’s invasion of Ukraine has brought about tremendous suffering, economic devastation, and immense security risk for neighboring countries of a magnitude that Europe has not experienced since the end of the Cold War. Naturally, those most severely affected are Ukrainians, whose country has, seemingly overnight, turned into a wasteland of death and destruction. In addition to the civilian and military casualties, countless people have been wounded, displaced, and the Ukrainian infrastructure has nearly collapsed. At the time of this writing, the carnage is continuing, and its aftermath will be felt for many years after the actual fighting will have ceased.

Naturally, the Russian aggression has created a tragically large number of refugees and displaced persons—a crisis of a magnitude that Europe has not faced since World War II. Various nations have offered help and humanitarian support, among them the United States. American immigration law provides tools that allow for the temporary stay of Ukrainians affected by the ongoing war. Two such tools, Temporary Protected Status (TPS) and Uniting for Ukraine are outlined in the following sections. The former aims at Ukrainian nationals currently in the U.S. (since April 19, 2022), while the latter aims at persons affected by the war who are presently still in Ukraine (and have been residing there through February 11, 2022).

Temporary Protected Status

In the past decades, the world has seen all-too-many examples of violent conflict, failed states, or natural disasters. The different nature and circumstances of these crises notwithstanding, they all have in common that they have caused enormous human suffering and hardship. Consistent with proclaimed American values with the humanitarian standards of the international community, U.S. immigration law has installed tools to relieve those affected. One such tool is Temporary Protected Status (TPS), which aims at foreign nationals that are currently present in the United States.

An eligible citizen of a country that is temporarily experiencing such dire conditions that returning to this country would pose a serious threat to their wellbeing and safety can apply for TPS. A person granted TPS is protected from removal can apply from employment authorization, and may be granted permission to travel abroad. Once granted TPS, an individual is also protected against detention on immigration grounds.

It is important to understand that TPS is a temporary benefit, intended for the duration of the crisis in the person’s home country. In other words, it is not to be confused with permanent residency or any other immigration status. However, if eligible, TPS beneficiaries may later apply for any applicable nonimmigrant status or adjustment of status to permanent residency.

To be eligible for TPS, an applicant must

• Be a national of a country designated for TPS, or a stateless person who has habitually resided in this designated country;
• Apply during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of the country’s TPS designation—in the case of Ukraine since April 19, 2022;
• Have been continuously physically present in the United States since the country in question has been designated to TPS (i.e., for Ukraine: April 19, 2022);
• Have been continuously residing in the United States since the specified date for the country—in the case of Ukraine, April 11, 2022. There are certain exceptions, for example if a departure was brief, casual and innocent.

Applicants are ineligible for TPS if they

• 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 reasons;
• Are subject to any of the mandatory bars to asylum. Activities leading to such bars include the persecution of people or inciting terrorist activity;
• Fail to meet the requirement of continuous physical presence and continuous residence in the United States;
• Fail to meet initial or late initial TPS registration requirements; or
• If granted TPS, fail to re-register for TPS, as required, without good cause.

There is a limited number of countries, whose nationals may qualify for TPS. International crises such as violent conflict or environmental disasters have led for countries to be designated. Examples include such highly publicized conflicts, as they occurred in Syria, South Sudan, or Haiti. Most recently, Ukraine has joined this list, which renders numerous Ukrainian nationals in the U.S. eligible for TPS. As of now, Ukraine will be designated to TPS until October 19, 2023.

The application process is complex, and the stakes are high, given the risks that an unsuccessful application entails. Therefore, it is advisable to seek the guidance of an experienced immigration attorney to help applicants prepare the forms, gather the evidence, and keep track of important filing dates.

Uniting for Ukraine

While TPS offers protection for Ukrainian nationals that are already present in the U.S., it is of little use to Ukrainians that are currently outside the country. This affects the thousands of Ukrainian refugees and that have been displaced and endangered by the current war. The United States, and other nations, has provided tools to address the needs of this vulnerable population.

In April 2022, President Biden announced the Uniting for Ukraine initiative, a program that provides eligible Ukrainian nationals and their immediate family members, who are still in Ukraine or have been displaced as a direct result of the Russian invasion, to come to the United States and stay temporarily for a period of two years. Uniting for Ukraine is not a visa program, but rather uses the immigration tool of “parole,” a temporary permission to enter and stay in the country.