Thousands of Ukrainians may soon lose their legal status in the United States: a lawyer explained how to keep it

About 10 thousand Ukrainians may lose legal grounds for being in the United States. We are talking about refugees who entered the country from 11 to 25 April last year. A window fell on these dates when there was not a single special program for Ukrainians in the United States. Most often, these people arrived through the southern border of the United States, however, under current laws, they were not eligible for temporary protected status. About what can help such refugees stay in America, ForumDaily talked to immigration lawyer Ekaterina Muratova.

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bureaucratic trap

Immediately after the start of a full-scale Russian invasion of Ukraine, thousands of refugees began to come to the US through Mexico. If Russians fleeing repression could apply for political asylum, then Ukrainians automatically received TPS - a temporary protected status issued for a year and a half and allowing them to legally live and work in the United States. If hostilities continue, many Ukrainians expect this status to be extended.

As Ekaterina Muratova explains, TPS was provided to all Ukrainians who applied for it and were in the United States as of April 11, 2022.

«These could be both Ukrainians who arrived through the southern border after the start of the war, and those who were already here in a temporary status, for example, people who came on a tourist visa or even those whose visa had already expired. TPS gave them reason to avoid deportation during the war", explains the lawyer.

On April 25, the official program for the admission of Ukrainian refugees to the United States came into force Uniting for Ukraine, according to which Ukrainians can legally enter the United States for a period of two years if they have a sponsor. It is he who submits documents for a particular refugee and acts as his guarantor. However, Ukrainians who entered the country between the time the TPS was issued and before the launch of the new program received only a humanitarian password valid for a year, which cannot be renewed. In April of this year, its validity period expires, and with it, refugees lose their legal grounds for being in the United States.

«The Immigration Service promises to clarify the status of these people in March. It is possible that the humanitarian password received during this period of time will be equated with TPS and allowed to be extended, or it may be that the immigration office will change the date from which people are eligible for temporary protected status”, says Ekaterina.

On the subject: Vouching for a refugee: what are the responsibilities and risks of those who are ready to vouch for new immigrants

Time Protection

Both TPS and being in the United States under the Uniting for Ukraine program allow holders of these statuses to legally live and work in America, and even receive certain types of social benefits. Lawyers notethat the guarantee assumed by the sponsor of the arriving Ukrainians is different from the sponsorship of family reunification and does not prevent the refugee from seeking state assistance. However, in both of these cases, there is a serious drawback: neither TPS nor Uniting for Ukraine give the refugee a reason to stay in the United States after the end of hostilities.

«In practice, a situation arises when it is difficult for people to return back, not only because of the war, but also for domestic reasons. They find work in the United States, their children go to local schools, and eventually English becomes their primary language. Those who are now going to the first grade will not be able to read and write in Ukrainian, and it will be more difficult for them to integrate into the new environment", - explains Ekaterina Muratova.

Immigration lawyer Ekaterina Muratova. Photos from the personal archive

Political refugee for war refugees

Since the adoption of a new immigration program for Ukrainians is unlikely, the lawyer advises trying to use existing opportunities for immigrating to the United States.

«Some may try to apply for political asylum. For example, if a person of pro-Ukrainian views lived in the occupied territories, it is logical that it would be dangerous for him to return there. Theoretically, he could move to other regions of Ukraine, but in practice there are cases when local residents believe that it is the residents of the eastern regions of the country who are to blame for what is happening"- notes Ekaterina Muratova.

According to her, when it comes to persecution for political views, this applies to both the real beliefs of a person, and those that may be attributed to him by society.

«Thus, if a refugee proves that in the regions in western Ukraine he will automatically be considered pro-Russian only for using the Russian language or for, say, coming from the Donbass, he can apply for protection. But it is clear that this method is not suitable for everyone.”, explains the immigration lawyer.

Immigration through work

Ekaterina Muratova advises trying other options, such as the green card lottery, family reunification, investment or work.

«You can find an employer who is willing to apply for a green card for you. Worker immigration covers both skilled and unskilled occupations. Now in the United States there is a large shortage of brains and labor in almost all industries, so getting a green card will not be so difficult. In the event that you prove the presence of extraordinary abilities or that your professional activity is in the national interests of the United States, you can do without a specific employer.“- advises the lawyer.

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According to Ekaterina Muratova, if a person is and has been legally in America all this time, he does not even need to travel outside the country to change his immigration status.

«If the refugee has a history of illegal presence in the US—for example, he was originally in the country on an expired visa—they may need to travel and schedule an interview at a US consulate in any other country. There, he needs to pass an interview and obtain an immigrant entry visa in order to come to America in a new status. In any case, nothing prevents an employer from making a green card for him, regardless of whether this person is in the United States or outside of it.", - the lawyer is sure.

Read also on ForumDaily:

Difficulties and opportunities: how Russians can get to the US, given the new restrictions

Vouching for a refugee: what are the responsibilities and risks of those who are ready to vouch for new immigrants

Bail for refugees at the US border: attorney clarifies the risks of guarantors and asylum seekers

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