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IMMIGRATION MARCH 25, 2022 | The Indian Eye 36
In Addition to Granting TPS to Ukrainians,
the US Must Do More to Help Ukrainians and
Others Outside the US Who Are In Trouble
CYRUS MEHTA must meet all eligibility requirements and undergo as a Permanent Resident Card (Green Card),
security and background checks. Employment Authorization Document, or Form
n March 3, 2022, the Department of Home- Case-bY-Case heLP I-94, Arrival/Departure Record; and
land Security (DHS) announced the desig- In sPeCIaL sItuatIons • Rescheduling a biometric services appointment.
Onation of Ukraine for Temporary Protected U.S. Citizenship and Immigration Services is- At least an estimated 1.3 million Ukrainians
Status (TPS) for 18 months. Also, U.S. Citizenship sued an alert on March 4, 2022, about immigration have fled their country since Russia invaded Ukraine
and Immigration Services issued an alert on March help available on a case-by-case basis to those affect- in late February, with more following. More than
4, 2022, about immigration help available on a case- ed by “special situations,” including the invasion of half are in Poland, with others in Hungary, Moldo-
by-case basis to those affected by “special situa- Ukraine. USCIS provided a list of measures that may va, Romania, and Slovakia. The rapidly escalating
tions,” including the invasion of Ukraine. Highlights be available on a case-by-case basis upon request: situation on the ground in Ukraine remains fluid,
are below. • Changing a nonimmigrant status or extending a chaotic, and extremely dangerous.
temPorarY ProteCteD status nonimmigrant stay for an individual currently in It is unclear whether the United States will be
for uKraIne the United States. USCIS said, “If you fail to ap- taking in new Ukrainian refugees or offering asylum
Individuals eligible for TPS under the Ukraine ply for the extension or change before expiration in addition to providing TPS for those already in the
designation must have continuously resided in the of your authorized period of admission, we may country. The US must develop a policy for Ukraini-
ans to apply for refugee status at US Embassies and
United States since March 1, 2022. According to re- excuse that if the delay was due to extraordinary Consulates overseas. Alternatively, the US must
ports, up to an estimated 75,000 Ukrainians in the circumstances beyond your control”; also develop a policy under which Ukrainians would
United States could be eligible for TPS. • Reparole of individuals previously granted parole be able to apply for Humanitarian Parole, and once
Ukraine’s 18-month designation will take effect by USCIS;
on the publication date of a forthcoming Federal • Expedited processing of advance parole requests; they come to the US, be able to apply for asylum. If
Humanitarian Parole is made available, it should be
Register notice, which will provide instructions for • Expedited adjudication of requests for off-cam- granted readily. The experience with Afghans who
applying for TPS and a work permit. TPS applicants pus employment authorization for F-1 students applied for Humanitarian Parole after the US with-
experiencing severe economic hard- drawal last year has not been good as many have
ship; been denied on very subjective grounds. The US
• Expedited adjudication of pe- must allow Ukrainians, Afghans and others fleeing
titions or applications, including troubled regions of the world to be able to apply for
employment authorization applica- Humanitarian Parole and readily grant meritorious
tions, when appropriate; requests rather than arbitrarily deny them. If the US
• Consideration of fee waiver re- withdrew from Afghanistan or is not willing or able
quests due to an inability to pay; to militarily intervene to help the Ukrainians, then
• Flexibility for those who received the least it can do is to provide relief to those flee-
a Request for Evidence or a Notice ing harm by developing a generous Humanitarian
of Intent to Deny but were unable Parole policy. The US has been the guarantor of a
to submit evidence or otherwise re- liberal world order that is now under threat since
spond in a timely manner; the Russian invasion. One way to preserve this order
• Flexibility if you were unable to is for the US to use immigration policy to preserve
appear for a scheduled interview this ideal by enabling those fleeing authoritarian re-
with USCIS; gimes to live and flourish freely.
• Expedited replacement of lost (This blog is for informational purposes and should
or damaged immigration or travel not be viewed as a substitute for legal advice).
documents issued by USCIS, such
_____________________________________________________________________________
Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of
Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Liti-
m of gation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics Committee; special counsel on
CYRUS D. MEHTA & PARTNERS PLLC immigration matters to the Departmental Disciplinary Committee, Appellate Division, First Department, New
York; member of the ABA Commission on Immigration; board member of Volunteers for Legal Services and
board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of
the American Immigration Council and former chair of the Committee on Immigration and Nationality Law
of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues,
including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course
entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for
advancing the practice of immigration law and the AILA 2011 Michael Maggio Memorial Award for his out-
standing efforts in providing pro bono representation in the immigration field. He has also received two AILA
Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in
North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA
2 6th Floor
and Chambers Global 2019 in immigration law, among other rankings.
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