How can Ukrainian nationals in Atlanta apply for TPS

Secretary of Homeland Security Alejandro Mayorkas designated Ukraine for Temporary Protected Status (TPS) for 18 months due to the ongoing conflict in the country. Following the TPS designation, Ukrainian nationals who have been residing in the US before March 1, 2022, may remain in the country for another 18 months and apply for employment authorization, if they meet the eligibility requirements.

Ukraine’s 18-month TPS will go into effect once the decision is published in the Federal Register notice. No publication date has been announced so far.

According to the Washington Post, around 75,000 Ukrainians are expected to be eligible. The state of Georgia already has a sizable population of immigrants of Ukrainian origins, many of them living in Atlanta, and more are expected to join them.

What are the eligibility criteria for TPS?

To qualify for TPS, Ukrainian applicants must prove that they have been residing in Georgia or elsewhere in the US continuously since March 1. Individuals who try to travel to the US after that date will not be eligible for TPS. Keep in mind that TPS is not an automatic process. Ukrainian nationals living in the US will have to apply individually.

All applicants will have to undergo security and background checks. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS holders may also apply for a travel authorization, which would allow them to visit another country for a legitimate purpose and return safely to the US.

To benefit from TPS, Ukrainian nationals in Georgia should contact an experienced immigration attorney in Atlanta as soon as possible. This way they can prepare the required documents and apply for TPS right away. TPS holders cannot be deported from the US.

Can Ukrainian nationals in Atlanta apply for asylum?

Ukrainian nationals currently in the US may apply for asylum. To be granted asylum, the applicant must show they cannot 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 social group, or political opinions. Applications for asylum must be filed with USCIS.

It is recommended that you talk to a lawyer first to make sure you have evidence to prove that you might be persecuted upon return to Ukraine.

How can Ukrainian nationals get refugee status?

The US administration has pledged to grant refugee status to 100,000 Ukrainians who were forced to flee their homes following the Russian invasion. Around 4 million Ukrainian refugees are currently stranded in various European countries, especially in Poland.

The U.S. Refugee Admissions Program (USRAP) is an inter-agency effort involving several governmental and non-governmental organizations, both overseas and domestically.

Under United States law, a refugee is someone who:

currently resides outside of the United States
Is of special humanitarian concern to the US
demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group
is not firmly resettled in another country
is admissible to the United States
has NOT ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.

If you are a Ukrainian national currently in the US or if you have relatives of Ukrainian origin stranded in Europe, contact an experienced attorney at the Kuck | Baxter Immigration LLC law firm in Atlanta and let them help you start a new life in Georgia.

Contact info:

Kuck | Baxter Immigration LLC

365 Northridge Road

Suite 300

Atlanta, GA 30350

Tel : (404) 816-8611

Source: Department of Homeland Security – Secretary Mayorkas Designates Ukraine for Temporary Protected Status for 18 Months