Department of Homeland Security Designates Ukraine and Afghanistan for TPS
The Department of Homeland Security (DHS) announced the designation of Afghanistan and Ukraine for Temporary Protected Status (TPS) for a period of 18 months. By way of background, DHS may designate a foreign country for TPS based on conditions in that country that would make it unsafe for individuals who are nationals of that country to return. This can involve conditions such as warfare or other armed conflicts, natural disasters, or similar extraordinary and temporary conditions. TPS allows nationals of that country who are physically present in the United States prior to the TPS designation date to apply for temporary status and to obtain an Employment Authorization Document (EAD).
Afghanistan
On March 16, 2022, DHS announced the designation of Afghanistan for TPS for 18 months. DHS has designated Afghanistan for TPS on the statutory bases of ongoing armed conflict and extraordinary and temporary conditions that prevent the country’s nationals from returning in safety. The conditions result from the Taliban seeking to impose control in all areas of the country and Islamic State-Khorasan (IS-K) conducting attacks against civilians.
Only Afghan nationals who are already residing in the United States as of March 15, 2022, will be eligible for TPS. Afghan nationals who were previously paroled into the United States on a humanitarian basis through Operation Allies Welcome will also be eligible for TPS. TPS applicants must meet all other requirements, including undergoing security and background checks.
The 18-month designation of TPS for Afghanistan will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document. DHS estimates that approximately 74,500 Afghans may be eligible to apply for TPS. United States Citizenship and Immigration Services (USCIS) has noted that its current processing time for TPS applications is 180 days, but this estimate is subject to change given the recent expansion of TPS eligibility.
Ukraine
On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. DHS has designated Ukraine on the status bases of ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely. These conditions result from the full-scale Russian military invasion into Ukraine, which marks the largest conventional military action in Europe since World War II.
Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022 will not be eligible for TPS. TPS applicants must meet all eligibility requirements and undergo security and background checks.
Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). DHS estimates that approximately 75,100 Ukrainians may be eligible to apply for TPS. United States Citizenship and Immigration Services (USCIS) has noted that its current processing time for TPS applications is 180 days, but this estimate is subject to change given the recent expansion of TPS eligibility.
If you have any questions regarding TPS eligibility, please contact your Mintz Immigration attorney.
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