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Temporary Protected Status for Ukraine and Sudan

Kauff McGuire & Margolis LLP
New York, New York
April 25, 2022

Statue of liberty

Last week the Administration announced that it was implementing Temporary Protected Status (TPS) for nationals of Ukraine and Sudan who are in the United States and who have been here, without interruption, since April 11th (Ukraine) and March 1st (Sudan). TPS status will allow qualified individuals to live and work in the U.S. for up to 18 months. In addition, late last week the Administration also announced that Humanitarian Parole is being granted to nationals of Ukraine seeking to enter the U.S.

Information regarding the TPS program (edited for content) is below. As stated, applicants seeking to apply for TPS designation must pro-actively file Form I-821 (accessible through the link indicated). Those wishing to apply for employment authorization must file Form I-765.

Additional information regarding Humanitarian Parole will be available in the coming days.

 

WASHINGTON—The Department of Homeland Security (DHS) posted notices on Temporary Protected Status (TPS) for Ukraine and Sudan. These notices provide information about how to register for TPS under each country’s designation: the 18-month designation of Ukraine for TPS and the 18-month designation of Sudan for TPS.

All individuals who want to request TPS under the designation of Ukraine or Sudan must file an application.

To be eligible under the Ukraine designation, individuals must demonstrate their continuous residence in the United States since April 11, 2022, and continuous physical presence in the United States since the designation date. Ukrainian nationals currently outside the United States are not eligible for TPS under this designation, and they will not become eligible by relocating to the United States in the coming weeks. Ukrainians are encouraged instead to apply for a visa or other legal pathway at a U.S. consulate abroad.

To be eligible under the Sudan designation, individuals must demonstrate their continuous residence in the United States since March 1, 2022, and continuous physical presence in the United States since the designation date. Individuals arriving in the United States after March 1, 2022, are not eligible for TPS under this designation and may be subject to removal if they have no other authorization to be in the United States. TPS Sudan beneficiaries, whose TPS-related documentation has been automatically extended pursuant to court orders through at least Dec. 31, 2022 must file a new application for TPS under the new Sudan designation to avoid losing protection if the court injunctions are lifted.

Individuals applying for TPS under the Ukraine or Sudan designations must submit Form I-821, Application for Temporary Protected Status, during the 18-month registration period that runs from April 19, 2022, through Oct. 19, 2023. Ukraine and Sudan TPS applicants are eligible to file Form I-821 online. When filing a TPS application, applicants can also request an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821. Applicants may also submit Form I-765 online.