For Ukrainian Nationals, USCIS and Department of State Announce Temporary Protected Status (TPS), Changes to Visa Interview Processing

For Ukrainian Nationals, USCIS and Department of State Announce Temporary Protected Status (TPS), Changes to Visa Interview Processing

DSID continues to monitor the situation in Ukraine and its impact on Ukrainian nationals in the U.S., as well as Ukrainian nationals immigrating to the U.S.

For those already present in the United States, USCIS has announced the designation of Ukraine for Temporary Protected Status (TPS) for an initial period of 18 months. DHS has confirmed that the designation of Ukraine for TPS is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent its nationals from returning safely.

Nationals of Ukraine are eligible for TPS if they have continuously resided in the U.S. since March 1, 2022. Importantly, Ukrainian nationals who attempt to travel to the United States after March 1, 2022, will not be eligible for TPS.

TPS will afford qualifying Ukrainian nationals with important protections, regardless of whether they are in valid visa status, including eligibility to apply for employment authorization, an advance parole travel permit, and possible relief from deportation.

TPS availability is limited. All applicants must undergo background checks, and certain applicants with criminal or security concerns may be ineligible. See 8 CFR § 244.4, INA § 208(b)(2)(A), (B) for potential grounds of TPS ineligibility. If you are worried that you might not qualify for Ukraine TPS because of past misconduct, please contact our office immediately, as we have assisted numerous clients obtain legal status who thought they were ineligible.

Separately, the U.S. State Department has announced that for Ukrainian nationals outside the United States applying for immigrant and non-immigrant visas, U.S. consular processing operation have been suspended at the Kyiv Visa Post. As of March 1, 2022, Ukrainian immigrant visas other than adoption cases will be processed at U.S. Consulate General Frankfurt, including Diversity Visa (DV) and Fianc(é)e (K-1) visas. The U.S. Embassy in Warsaw will process Ukrainian adoption cases, as well as A and G diplomatic and official visas.

Critically, nonimmigrant visa applications may be processed wherever a Ukrainian applicant is physically located and can schedule an appointment. For example, a Ukrainian national in Vancouver may be able to apply for a U.S. non-immigrant visa from a Consular Post in Canada without having to first show legal residency in Canada. This is a significant opening by the U.S. government to facilitate visa processing for Ukrainian nationals now scattered around the world.

Our office is working hard to protect and reunite our Ukrainian clients with their families here in the United States. Please contact our office if you need any assistance.

Мир в Україні/Мир в Украине/Paz en Ucrania/Frieden in der Ukraine/Peace in Ukraine

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