On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. Every 18 months, a decision is made regarding the extension of this status for the country.
• Those who are eligible for this status may also obtain work authorization.
• This status does not lead to a green card.
During the designated period, individuals who are TPS beneficiaries or who are found prima facie eligible for TPS upon initial review of their cases:
• Cannot be deported (removed from the U.S.)
• Can obtain an Employment Authorization Document (EAD)
• Can obtain a Travel Document
• Once granted TPS, an individual cannot be detained by DHS on the basis of his or her immigration status in the United States.
TPS is a temporary benefit that does not grant lawful permanent resident status or any other immigration status. However, registration for TPS does not prevent you from:
• Applying for non-immigrant status
• Applying for adjustment of status based on an immigrant petition
• Applying for any other immigration benefit or protection for which you may be eligible
An application for TPS does not affect an asylum application or any other immigration benefit, and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS.
Another benefit of TPS is that it "freezes" the 1-year filing deadline for an asylum application (Form I-589). Thus, if you obtained TPS during your first year in the U.S., you may file Form I-589 at any time while your TPS is valid and still remain eligible for asylum.
To register for the program, you must file Form I-821