You can apply for Temporary Protected Status (TPS), asylum, or for both TPS and asylum.
If you get TPS and do not get asylum, you will continue to be TPS until the US government ends the TPS period and takes the status back. If you are inside 1 year of application period for asylum, you should better apply for asylum. If you do not get asylum, USCIS will send your case to the immigration court and you will have a chance to appeal.
Asylum status is better than TPS because you can apply for permanent residency. TPS does not provide this option. It is only useful if there's no other option.
Here are some of the reasons why you can benefit from TPS instead of asylum:
- you do not have a strong case for asylum
- you missed the 1 year period to apply for asylum after your arrival to the US
Ukrainians who are considering TPS should consult a lawyer or trusted organization to screen them for other forms of immigration relief and, if it is possible to apply for TPS and perhaps other applications, help them determine whether and when it is a good idea to do so. It is possible to apply for both TPS and asylum, but the advantages of doing so vary based on the particular circumstances that the immigrant has.
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