On March 31, 2022, the US Department of Homeland Security (DHS) announced several efforts to assist Ukrainian Nationals following the attacks from Russia. We review their announcement and some of the options available for Ukrainian nationals below.
Temporary Protected Status for Ukrainian Nationals
DHS 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 US prior to March 1, 2022, to remain here during the designated period and apply for employment authorization, so long as they meet eligibility requirements. You can find details on the eligibility requirements for TPS and how to apply here.
Asylum for Ukrainian Nationals
Ukrainian nationals currently in the US 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. You can find information on the eligibility requirements for asylum and how to apply here.
Humanitarian Parole for Ukrainian Nationals
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 status. 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 processing channels. 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. You can find information on the eligibility requirements for humanitarian parole and how to apply here.
Additional Help for Ukrainian Nationals based on Special Situations
USCIS announced a series of immigration flexibilities that may help people affected by extreme situations, including the invasion of Ukraine. More information can be found on the USCIS website by clicking here.
