Asylum in USA, Immigration To The USA

Delivering Solutions For Your Future
Immigration in America, USA flag

Tag: Ukraine TPS

Asylum for Ukrainians in the United States: What You Need to Know in 2026

July 11, 2026

Asylum for Ukrainians in the United States: What You Need to Know in 2026

By Alena Shautsova, New York Immigration Lawyer

Asylum For Ukrainians
Asylum For Ukrainians

The war in Ukraine has forced millions of people to flee their homes. Many Ukrainians came to the United States through Uniting for Ukraine (U4U), while others entered with visas, parole, or later obtained Temporary Protected Status (TPS).

One of the most common questions I receive is:

“Can I still apply for asylum?”

The answer is yes—but it is much more complicated than simply proving that there is a war in Ukraine.

Asylum law has become increasingly technical. Recent decisions by the Board of Immigration Appeals (BIA) have made it even more important to prepare an asylum application carefully from the very beginning. A successful asylum case today requires a strategic legal analysis of filing deadlines, protected grounds, credibility, and evidence.

If you are considering filing for asylum, this article explains the three major issues that every Ukrainian applicant should understand.

Step One: The One-Year Filing Deadline

One of the biggest obstacles in many Ukrainian asylum cases is the one-year filing deadline.

Generally, U.S. immigration law requires that an asylum application be filed within one year of the applicant’s last arrival into the United States. INA §208(a)(2)(B). However, Congress also recognized that some applicants have legitimate reasons for filing later. The law therefore allows exceptions for changed circumstances and extraordinary circumstances, provided the application is filed within a reasonable period after those circumstances arise.

Many Ukrainians understandably delayed filing because they were lawfully present in the United States through other humanitarian programs.

Examples include:

  • Uniting for Ukraine (U4U) parole
  • Temporary Protected Status (TPS)
  • Student status
  • Employment visas
  • Other lawful immigration status

Maintaining lawful status or another authorized form of stay may, depending on the facts of the case, support an argument that the applicant qualifies for an exception to the one-year filing deadline. Whether such an exception applies depends on the individual circumstances and should be evaluated carefully.

Can TPS Help?

For many Ukrainians, TPS has provided temporary protection from removal and work authorization.

However, TPS is not permanent immigration status.

If TPS eventually ends or circumstances change, that change may become legally significant for asylum purposes. Likewise, maintaining TPS or U4U parole may help explain why an individual did not immediately seek asylum after arrival, depending on the specific facts of the case.

Every situation is different. There is no automatic rule that TPS or U4U excuses a late filing, but these programs frequently become an important part of the legal analysis.

This is one of the first issues an experienced asylum lawyer should evaluate before preparing the asylum application.

Step Two: You Must Prove Persecution on a Protected Ground

Many people mistakenly believe that being from a country experiencing war automatically qualifies them for asylum.

Unfortunately, that is not how U.S. asylum law works.

To qualify for asylum, the applicant must prove persecution or a well-founded fear of persecution because of one of five protected grounds:

  • Political opinion
  • Religion
  • Nationality
  • Race
  • Membership in a particular social group

The persecution must occur because of one or more of these protected grounds—not simply because of generalized violence or armed conflict.

Political Opinion

Political opinion remains one of the strongest grounds in many Ukrainian asylum cases.

Examples may include:

  • Opposition to Russian occupation
  • Public criticism of Russian authorities
  • Support for Ukrainian independence
  • Participation in political demonstrations
  • Volunteer work supporting the Ukrainian military
  • Collection of humanitarian aid
  • Public social media activity

Political opinion cases often require extensive documentation showing:

  • what the applicant believed,
  • what the persecutors believed,
  • why they targeted the applicant.

Imputed Political Opinion

Sometimes the applicant never publicly expressed political views.

That does not necessarily defeat the asylum claim.

The persecutor may simply believe that the applicant supports Ukraine, opposes Russia, or belongs to a political movement.

This is called imputed political opinion, and it is recognized under U.S. asylum law.

For example:

  • relatives of Ukrainian soldiers,
  • family members of local officials,
  • journalists,
  • volunteers,
  • individuals living in occupied territories,

may be viewed by persecutors as political opponents even if they never considered themselves politically active.

The persecutor’s perception is often just as important as the applicant’s own beliefs.

Religion

Religion can also serve as the basis for asylum.

Examples may include persecution because of:

  • religious affiliation,
  • participation in certain churches,
  • refusal to abandon religious beliefs,
  • discrimination in occupied territories because of faith.

Again, the key question is not whether discrimination exists generally, but whether this applicant was targeted because of religion.

Membership in a Particular Social Group

Another possible basis involves membership in a particular social group (PSG).

Developing a legally viable PSG requires careful legal analysis.

The proposed group must satisfy the legal requirements developed through decades of asylum case law.

Examples may include carefully defined family-based groups or other narrowly tailored social groups, depending on the individual facts. Simply belonging to a broad category of people affected by the war is usually not enough.

Every Ukrainian Case Is Different

No two asylum cases are identical.

One person may qualify because of political opinion.

Another because of religion.

Another because persecutors falsely believed the person supported the Ukrainian government.

Another because of membership in a legally recognized social group.

The legal theory should always be built around the applicant’s actual experiences—not around a generic description of conditions in Ukraine.

Step Three: Proving Past Persecution Has Become Increasingly Important

Recent Board of Immigration Appeals decisions continue to emphasize that asylum applicants must present detailed, credible, and legally sufficient evidence establishing that the harm they suffered rises to the level of persecution and that there is a nexus between that harm and a protected ground.

Many applicants assume that telling their story is enough.

Unfortunately, today’s asylum practice requires much more.

You should be prepared to provide evidence such as:

  • medical records,
  • police reports,
  • photographs,
  • witness statements,
  • military records,
  • news articles,
  • social media evidence,
  • psychological evaluations,
  • country condition reports,
  • expert opinions where appropriate.

The stronger the documentation, the stronger the asylum case becomes.

Small Details Can Win—or Lose—an Asylum Case

Immigration Judges frequently evaluate:

  • consistency between interviews,
  • written declaration,
  • supporting evidence,
  • testimony,
  • prior immigration filings.

Small inconsistencies can become significant if they affect important facts.

That is why preparing testimony carefully is essential.

Matter of M-A-F-: Be Careful When Updating Your Asylum Application

Another important case every asylum applicant should understand is Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015).

Many people assume they can simply “update” an asylum application whenever new events happen.

Sometimes they can.

Sometimes they cannot.

Matter of M-A-F- explains that an amended asylum application may actually be treated as an entirely new asylum application if it presents a new basis for relief or relies on substantially different facts. When that happens, the filing date of the later application can control for purposes of the one-year filing deadline and other legal issues. By contrast, amendments that merely clarify or modestly supplement the original claim generally remain amendments rather than new applications.

This distinction has become increasingly important in recent litigation involving motions to pretermit asylum applications based on timeliness.

For Ukrainians, this means that if significant events occur after the initial filing, you should not simply prepare a new declaration without understanding the legal consequences.

The strategy must be planned carefully.

Practical Tips for Ukrainians Considering Asylum

Do not wait until your immigration status expires.

Waiting often creates unnecessary legal complications.

Preserve evidence.

Save:

  • photographs,
  • text messages,
  • emails,
  • Telegram conversations,
  • Facebook posts,
  • videos,
  • military documents,
  • medical records,
  • proof of volunteer activities.

You may need them years later.

Tell the complete story.

Many applicants leave out important events because they think they are unimportant.

Sometimes those overlooked facts become the strongest part of the case.

Think about protected grounds first.

The strongest asylum applications are organized around the legal requirements—not simply around a chronological story.

Be consistent.

Every document submitted to USCIS or Immigration Court should accurately reflect your history.

Consistency builds credibility.

Work with an experienced asylum lawyer.

Modern asylum law changes constantly.

Recent BIA precedent decisions continue to reshape issues involving filing deadlines, credibility, nexus, and proof of persecution. A well-prepared legal strategy can make a significant difference in the outcome of your case.

Final Thoughts

Ukrainians continue to face unique immigration challenges.

Some remain protected through TPS.

Others entered through Uniting for Ukraine.

Many are now wondering what comes next.

Asylum may be available—but success depends on much more than showing that Ukraine remains dangerous.

Your attorney must carefully analyze:

  • whether the one-year filing deadline can be overcome,
  • which protected ground best fits your case,
  • how to prove past persecution,
  • whether the evidence is sufficient,
  • how recent BIA precedent affects your application,
  • whether any amendments to the asylum application could trigger issues under Matter of M-A-F-.

Every asylum case deserves an individualized legal strategy.

Contact an Experienced New York Asylum Lawyer

If you are a Ukrainian national considering asylum in the United States, do not assume that your case is either automatically strong or automatically impossible. The right legal strategy often begins with a careful review of your immigration history, your evidence, and the most recent developments in asylum law.

At the Law Office of Alena Shautsova, I personally evaluate each case, identify potential one-year filing deadline issues, analyze the strongest protected grounds, and prepare asylum applications designed to withstand close scrutiny under today’s legal standards.

If you would like experienced guidance with your asylum case, contact my office today to schedule a consultation. Together, we can evaluate your options and develop the strongest possible strategy to protect your future in the United States. CALL 917 885 2261.

Ukrainians Need Ukrainian Adjustment Act!

January 3, 2023

Ukrainian Refugees Seek Jobs And Normalcy, But Find It Hard To Do So

According to the government authorities, nearly a quarter of a million Ukrainian refugees who have escaped the Russian invasion of Ukraine have arrived in the United States. Many of these people are leaving behind family members and friends, their lives and their livelihoods. Some of those left behind are unsure of when they will see each other again.

Refugees Who Have Been Uprooted From Their Lives

It is a long journey for those escaping the fighting, who are traveling to America. Indeed, the number who make it to the US represents a much smaller part of those fleeing. Estimates of as many as 12 million Ukrainians have fled after Russia invaded their country in February of last year, with many still trying to leave. Of those who arrived in America, some came in as recently as last month.

Many of the immigrants desire to work, study, and attend college. These refugees are hardworking, well-educated people. They have skills and qualifications. Many are not content to sit back and feed off the system.

Obstacles To Establishing Themselves

Despite their skills, the refugees face many challenges as they try to integrate themselves into American society. Ukrainians are frequently prevented from working in their sector of choice due to linguistic problems. Some are having difficulties trying to enrol in college or obtaining professional certificates for their previous fields.

Since most Ukrainian refugees are women and children, they must also deal with childcare difficulties. In addition, they may encounter challenges such as American institutions not acknowledging their degrees or a lack of assistance in their search for white-collar jobs. For many, the job market here shares little with what they are more familiar with back home.

These Refugees Can Fill A Need

For the most part, American society needs the skills and qualifications these refugees bring. In some states, there are hundreds of thousands of job vacancies, and the Ukrainian refugees bring with them applicable skills. Whether there is sufficient help from companies and community-based organizations to assist the refugees in making the required changes is the question.

These are professionals with advanced skills, such as scientists, medical professionals, military officers, educators, and technicians. They can fill roles that American society desperately needs, yet they are among those frantically looking for employment. They have more to offer than the typical refugee employment in factories, warehouses, and retail establishments.

Overcoming The Challenges They Face

For immigrants or refugees, finding employment requires more than just being in the right place at the right time. It also requires knowledge of potential hiring process differences in the US.

Career development specialists advise people to start looking for employment or job titles that are comparable to their previous careers, then get in touch with the recruiting managers of those companies. Without a network of links, things can be difficult.

In an effort to provide some assistance, more than a few support groups have been formed in many US cities. These groups offer aid to arriving refugees, helping them find housing. Some also assign guides to the refugees that help them assimilate into American society.

Calls For The Government To Step In

The United States Government made a significant announcement has made it possible for Ukrainian refugees to enter the country easily. In April, President Biden pledged to accept Ukrainian refugees escaping Russia’s invasion. Arrangements were made mechanism for Ukrainian nationals and members of their close relatives who live abroad to enter the US and stay for a brief two-year parole period.

However, a lot of people want the government to take greater action. Some contend that the refugees require long-term protection as well. They demand that the government provide long-term assistance and a stable route to creating a life and a long-term status.

The Current Situation In Ukraine

Some experts predict that the Russian war effort may come to a rather anticlimactic end. With no end in sight, some are suggesting that a tentative ceasefire with both sides making compromises is the best option. Faced with stiffer than expected resistance, the Russian offensive has been subjected to a prolonged conflict, which has ground to a stalemate.

The strain on the Russian chain of command is showing, with strategic attacks becoming more sporadic. Indeed, the Russian offensive is showing misfires, with a stray missile entering Belarusian airspace just yesterday. Russia is deliberately targeting infrastructures such as power generation and road networks, trying to cripple Ukrainian morale.

Those less than stellar tactics are having a devastating effect on communities and those who still remain in Ukraine. More so as nine months have passed since the start of the Russian invasion and Ukraine is now in the dead of winter. Snow has covered all of the demolished buildings in Ukraine, and the untouched buildings are left without heating or power.

But those who managed to reach the US are in desperate need of help. In the best-case scenario, a person would qualify for a TPS or parole for 2 years, but those options are not leading to a green card or permanent residency, and are only a temporary “fix” for a problem. A Ukrainian Adjustment Act, a law that would allow eligible Ukrainians to file for green cards would help to provide some stability for the nationals left without a home and will help to unite families which are separated by the war…

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT CEASES DEPORTATION TO RUSSIA, UKRAINE, AND SEVEN OTHER EUROPEAN COUNTRIES, DHS ANNOUNCED TPS FOR UKRAINE

March 7, 2022

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT CEASES DEPORTATION TO RUSSIA, UKRAINE, AND SEVEN OTHER EUROPEAN COUNTRIES, DHS ANNOUNCED TPS FOR UKRAINE

With the large awareness of the Russia-Ukraine dispute, the current situation of the world is no longer news to anyone. Worst still, the insecurity caused by the Russia-Ukraine feud does not only affect both parties but also their surrounding neighbors. The affected countries include; Belarus, Georgia, Poland, Hungary, Moldova, Romania, and Slovakia.

Due to the insecurity posed by this feud, the U.S. Immigration and Customs Enforcement (ICE) has temporarily ceased the deportation of persons to Russia, Ukraine, Belarus, Georgia, Poland, Hungary, Moldova, Romania, and Slovakia. Illegal immigrants of all nine countries have been granted a temporary stay in the United States pending further decisions.

U.S. Immigration and Customs Enforcement Cessation Of Deportation

While publicizing the matter, a spokesman of the U.S. Immigration and Customs Enforcement(ICE) said that “amid the ongoing humanitarian crisis occurring in Ukraine, US ICE has paused repatriation flights to Ukraine. ICE will continue to monitor the ongoing situation and make operational changes as necessary.” One fact awaiting clarity is how long the temporary cessation of these flights would last.

Following a briefing earlier reported to CBS News, not only will the deportation of persons to Ukraine and Russia be halted, but also to seven other nations bounding the region of the continuous violence. As mentioned above, these nations include Belarus, Poland, Romania, Moldova, Slovakia, and Georgia. This halt of the repatriation process is in other to protect deportees from the fierce violence raging between Russia and Ukraine. It would rather be unfair, unsafe, and against the U.S. “ethics of national security,” to send deportees to such areas.

As of 3 March 2022, the U.S. Department of Homeland Security had reportedly set up a Temporary Protected Status(TPS) scheme. The TPS scheme was enacted to allow Ukrainians to access deportation protection and job permits. This was done to temporarily impede their return to their war-infested country, while also possessing a means of livelihood. The Temporary Protected Status was developed for non-permanent and does not permit recipients to acquire permanent residency in the United States.

Alejandro Mayorkas, the Homeland Security Secretary reassured in a statement that continued help and protection will be extended to the Ukrainian citizens in the United States in a period of uncommon times such as this.

The Russia-Ukraine Feud

Almost a million persons have reportedly fled Ukraine and more are believed to flee the country in the coming weeks. Hundreds have been reported dead. All thanks to the feud between Russia and Ukraine.

Russia and Ukraine were both parts of the old Soviet Union of which Russia was a major power.

Historical precedence suggests that war has never been the answer to any problem. Rather it has only destroyed the lives of many. War rarely ever solves any problem peace could not. Of a certainty, many world leaders aren’t particularly war-hungry people but people who just want to better their society to the best of their ability. A better understanding amongst leaders would help achieve a peaceful co-existence.

RELIEF FOR THOSE IN THE US

Here are possible solutions who are affected by this conflict.

  1. Asylum for those who can qualify. If for example,  a Russian national possesses strong political views in opposition to the current Russian government, he/she may seek asylum in the US if can prove persecution (past and/or future).
  2. Asylum may also be available for Ukrainian nationals depending on the controlling in Ukraine powers, and other qualifications.  At the time of conflict itself, however, it is too soon to tell how it may affect the asylum eligibility for the nationals of Ukraine.
  3. TPS for Ukrainian nationals. TPS for Ukrainian nationals will be available once the announcement and special notice are published in the Federal Registry. Currently, the announcement states that a person would have to show that they have resided in the US since March 1, 2022. TPS is not a green card; it will not (without a reform) lead to a green card. It will provide protection from the removal; will provide an open market work authorization, and the ability to apply for advance parole. As a rule, there are only very limited circumstances that would disqualify one from receiving TPS: certain criminal convictions.
  4. Humanitarian Parole may help those overseas.
  5. Non-Immigrant and Immigrant visas. Department of State periodically refreshes its guidelines on how and where to apply for Non-Immigrant and Immigrant visas for the nationals of Ukraine.

It is possible that the US government will announce more programs that would benefit Ukrainians, such as refugee status or parole. However, usually, it takes significant time for a person to qualify for refugee status: the vetting may take years.

References

For More information on TPS:

https://www.google.com/amp/s/www.republicworld.com/amp/world-news/russia-ukraine-crisis/us-suspends-deportation-flights-to-ukraine-russia-and-seven-other-european-nations-articleshow.html

https://www.google.com/amp/s/thehill.com/policy/national-security/596801-ice-pauses-deportations-to-russia-ukraine-amid-invasion%3famp

https://www.npr.org/2022/03/03/1084409254/tens-of-thousands-of-ukrainians-can-stay-in-the-u-s-without-fear-of-deportation

https://www.aa.com.tr/en/americas/us-grants-temporary-protected-status-to-ukrainians-as-war-rages/2523265