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March 4, 2022

Russian Attack on Ukraine

The Biden administration, as a result of the Russian attack on Ukraine, is now offering Ukrainians living in the United States temporary humanitarian protection from deportation. This temporary humanitarian protection allows Ukrainians currently in the United States an opportunity to apply for a special designation granting work permits and deportation protections. This will only apply to Ukrainians already in the United States.

This new designation stands to benefit the roughly 30,000 Ukrainians currently in the United States on temporary student, tourist, or business visas, which may lapse while fighting continues in Ukraine. Ukrainians in the United States without legal status may also qualify for protection.

If you or someone you know potentially falls into this category, Sidman Law Group is ready to answer any questions and help you with any immigration matters. Call or email at any time to schedule a free consultation.

Respectfully,

Bernard Sidman

What Is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a humanitarian immigration benefit designated by the U.S. Department of Homeland Security (DHS). It is available to nationals of countries experiencing armed conflict, environmental disaster, or other extraordinary and temporary conditions.

For Ukrainians in the U.S., TPS provides:

• Protection from deportation
• Employment Authorization (EAD) allowing legal work
• Permission to apply for Advance Parole to travel abroad and return

Learn more on the official USCIS TPS page.

TPS Eligibility for Ukrainian Nationals

To qualify for TPS, a Ukrainian national must:

• Have continuously resided in the United States since the designated date set by DHS (e.g., April 11, 2022, for past updates)
• Have been continuously physically present in the U.S.
• File within the initial registration or re-registration period
• Have no disqualifying criminal convictions

Required Documents for TPS Application

• Valid Ukrainian passport or national ID
• Proof of U.S. residence (lease agreements, utility bills, school/work records)
• Evidence of arrival before the cutoff date
• Police clearance certificates (if applicable)

How to Apply: Step-by-Step TPS Application Process

• File Form I-821 – Application for Temporary Protected Status
• Include Form I-765 – Request for Employment Authorization (optional but recommended)
• Submit supporting documents and pay fees (or request a fee waiver via Form I-912)
• Attend your USCIS biometrics appointment if required
• Wait for Notice of Action and receive EAD if approved

For full application details, visit USCIS.gov.

TPS vs. Asylum vs. Humanitarian Parole: What’s the Difference?

Legal Protection	Work Eligible	Travel Allowed	Path to Green Card	Based on Fear of Persecution?
TPS	Yes	With parole	Not directly	No
Asylum	Yes	Yes	Yes	Yes
Humanitarian Parole	Yes (case-by-case)	Yes (discretionary)	No (typically temporary)	No

Predictive Planning: What If the War Ends?

TPS is a temporary status. If DHS determines Ukraine is safe again:

• TPS designations may expire or not be renewed
• You may have to adjust status (if eligible) or leave the U.S.
• Having a legal strategy in place is crucial

Our Advice: If you’re on TPS, consult an immigration attorney about long-term options like:

• Asylum
• Family-based petitions
• Employment-based adjustment of status

Common Mistakes in TPS Applications

• Missing the registration deadline
• Incomplete documentation or proof of residence
• Forgetting to file Form I-765 for the work permit
• Overlooking legal help when the status is complex

Let Sidman Law Group guide you through the process safely and successfully.

TPS Legal Help in Los Angeles

If you’re seeking a Ukrainian immigration attorney in Los Angeles, we offer:

• TPS filings and renewals
• Asylum and removal defense
• Adjustment of status and humanitarian relief strategies

Visit SidmanLawGroup.com or call now for a free consultation.

Frequently Asked Questions (FAQs)

Can undocumented Ukrainians apply for TPS?

Yes. Even if your visa expired or you entered without inspection, you may qualify if you meet DHS criteria.

What happens when TPS ends?

You may lose work eligibility and deportation protection. We recommend exploring a pathway to permanent residency with a qualified attorney.

Does TPS lead to a green card?

No direct path exists, but some TPS holders adjust status through family sponsorship, asylum, or employer petitions.

Can I travel with TPS?

Yes, but only if you apply for and receive Advance Parole. Unauthorized travel may jeopardize your status.

Can I apply for both asylum and TPS?

Yes, and in many cases, it is smart to file for both. TPS provides temporary protection while your asylum case is pending.

Protect Your Status, Start Today

If you’re a Ukrainian national currently in the U.S., don’t wait to take action. Your legal status matters, and time is critical.

Call Sidman Law Group now for personalized legal guidance and a free consultation.
Based in Los Angeles, we serve clients nationwide.

Email or visit https://sidmanlawgroup.com to get started.

Your safety and future matter. Let us help you navigate this complex process with clarity and care.