DHS Efforts to Assist Ukrainian Nationals:
Reposted by Andy Gene Strickland from the DHS website:
Following Russia’s unprovoked attack on Ukraine, the Department of Homeland Security (DHS)
is providing support and humanitarian relief to Ukrainian nationals in need both in the United
States and abroad. To protect Ukrainians residing in the U.S., the Secretary of Homeland
Security designated Ukraine for Temporary Protected Status (TPS) for 18 months.
This will allow Ukrainians here since March 1, 2022 to stay and apply for employment authorization in the U.S. To provide pathways to the United States for Ukrainians seeking refuge, DHS is
working to expand current legal pathways and develop new programs. We are coordinating our efforts closely with our European allies and partners who are on the front lines of this humanitarian
Legal Pathways for Eligible Ukrainians
While we expect many Ukrainians will choose to remain in Europe close to family and their homes in Ukraine, the United States has announced plans to welcome up to 100,000 Ukrainians
and others fleeing Russia’s aggression through the full range of legal pathways. In particular, the
U.S. is focused on welcoming eligible Ukrainians who have family members in the United States
and is committed to protecting the most vulnerable.
The United States is working with European Union and our partners to ensure a well-coordinated, global humanitarian response and will update this fact sheet periodically with additional program information.
Temporary Protected Status
Secretary of Homeland Security Alejandro N. Mayorkas designated Ukraine for Temporary
Protected Status (TPS) for 18 months. This new designation will enable Ukrainian nationals
(and individuals without nationality who last resided in Ukraine) who have been residing in the
United States prior to March 1, 2022, to remain here during the designated period and apply for
employment authorization, so long as they meet eligibility requirements.
Once published in the Federal Register, instructions for applying for TPS and an Employment Authorization Document will be available on the U.S. Citizenship and Immigration Services (USCIS)
website. Information on how to apply for TPS and an Employment Authorization Document can
be found here: www.USCIS.gov/tps.
Ukrainian nationals currently in the United States who are not able to return to Ukraine because
they have been persecuted or fear that they will be persecuted on account of their nationality,
race, religion, membership in a particular social group, or political opinion, generally may apply
for asylum. These applications should be filed with USCIS if they are not currently in removal proceedings. Information on how to apply for asylum in the U.S. can be found here:
U.S. Refugee Admissions Program
The U.S. Refugee Admissions Program (USRAP) is an inter-agency effort involving several
governmental and non-governmental partners, both overseas and domestically, whose mission
is to resettle refugees in the United States. The U.S. Department of State’s (DOS) Bureau of
Population, Refugees, and Migration (PRM) has overall management responsibility for the
USRAP and has the lead in proposing admissions numbers and processing priorities.
Within DHS, USCIS has responsibility for interviewing refugee applicants and adjudicating
applications for refugee status. Through its cooperative agreements with Resettlement Support
Centers (RSC), PRM handles the intake of refugee referrals from the United Nations High
Commissioner for Refugees (UNHCR), U.S. embassies, and certain non-governmental
organizations (NGOs) as well as the prescreening of cases and the out-processing of individuals
for travel to the United States. The U.S. Government currently has a Priority 2 direct access
program for Ukrainians under the Lautenberg Program for Certain members of Religious
Minority Groups in Eurasia and the Baltics. This category includes Jews, Evangelical Christians,
and Ukrainian Catholic and Orthodox religious adherents identified in the Lautenberg
Amendment, Section 599D of Title V, Pub. L. No. 101-167, as amended, with close family in the
USCIS will continue to process existing refugee cases involving Ukrainian nationals that are in
the USRAP pipeline and will conduct interviews and adjudicate new cases as they are presented
to us. For information on the USRAP, please see Refugees | USCIS.
Individuals may request parole for themselves or on behalf of another individual who is outside
the United States based on urgent humanitarian or significant public benefit reasons. Parole
allows an individual to temporarily enter the United States and apply for employment
authorization, but it does not confer immigration status or provide a path to lawful immigration
Parole is discretionary and issued on a case-by-case basis and should not be requested to
avoid normal visa-issuing procedures, inadmissibility waiver processing, or established refugee
Parole is not intended to replace established refugee processing channels.
In general, a refugee may not be paroled into the United States absent compelling reasons in the
public interest with respect to that particular refugee. Additional information about potential
qualification and necessary evidence for parole can be found here.
Special Situations and Expedited Processing
USCIS announced a series of immigration flexibility that may help people affected by extreme
situations, including the invasion of Ukraine.
USCIS is also proactively prioritizing the processing of certain applications and petitions filed by Ukrainian nationals. DHS will additionally suspend certain regulatory requirements for Ukrainian F-1
nonimmigrant students who are experiencing severe economic hardship as a direct result of the
ongoing armed conflict in Ukraine.
Any questions contact Andy Gene Strickland, immigration attorney St. Petersburg, FL.