New TPS Designations for Afghanistan and Ukraine
The Department of Homeland Security (DHS) has announced designations for Temporary Protected Status (TPS) for Afghanistan and Ukraine. Eligible applicants cannot apply until details are published in the Federal Register for each designation. Here is what we know for now.
On March 16, 2022, DHS announced a new 18-month designation of TPS for Afghanistan. Only applicants who can prove continuous residence in the United States since March 15, 2022 will be eligible.
On March 3, 2022, DHS announced a new 18-month designation of TPS for Ukraine. Only applicants who can prove continuous residence in the United States since March 1, 2022 will be eligible.
Details about eligibility criteria and the application process will be published in forthcoming Federal Register notices. CLINIC will provide additional information and analysis once these notices are published and the designations for each country go into effect. While eligible nationals of Afghanistan and Ukraine cannot file Forms I-821 and I-765 until those details are available, they can begin gathering evidence of continuous residence and continuous physical presence, as well as proof of identity and nationality. Additional details about the general TPS requirements and application process are available in CLINIC’s Frequently Asked Questions: TPS Eligibility and the Application Process. Since current USCIS processing times for TPS applications are approximately 180 days, the sooner applicants can apply once the registration window opens, the better.
Afghan and Ukrainian nationals who hold or are seeking another immigration status may simultaneously apply for and be granted TPS. This includes those who have been granted parole, have pending asylum applications, or hold a nonimmigrant status, such as F-1 or B-2. However, practitioners should consider the impact of using a TPS-based employment authorization document to work on the underlying status before clients decide to do so.
For more information, please consult CLINIC’s TPS page and the USCIS website at: https://www.uscis.gov/humanitarian/temporary-protected-status.