TPS for Ukrainian B2 Visa Holder

[Dave-n-Oksana 49]

Not quite sure where to place this, so I'm hoping a Mod can route it to the correct forum.

 

My Ukrainian Mother-in-law arrived in the US (after escaping occupied Ukraine thru Turkey) in April '22 on her B2 visa. We filed for a TPS because she arrived during that week between Apr 12, and April 19th.  We received an RFE for proof of residency, which is not a problem as she has always had a home with us for the years she has held her B2 visa, but she doesn't have her name on any mortgage, or utilities since we own the home.  Part of the information for RFE is an Affidavit of Residency, and the question for this is, does it need to be notarized as it will be scanned into a PDF and uploaded to her case?

[Boiler 45,311]

TPS is not common here but I assume they are asking for evidence of her residing in the US prior to the qualifying date, not at your house. I assume she has a I 94.

[Dave-n-Oksana 49]

3 hours ago, Boiler said:

TPS is not common here but I assume they are asking for evidence of her residing in the US prior to the qualifying date, not at your house. I assume she has a I 94.

Boiler, I understand what you are saying but the requirements for TPS for Ukrainian citizens are confusing in their wording. USCIS requires them to have a residence as of April 12, and a continual presence in the US from April 19th.  And yes she has an I-94 dated April 16th.  Per the USCIS definitions, a residence is a principal domicile, and after her escape from Ukraine in Mid-march, we became her principal domicile.  But that is neither here nor there. 

 

The question is if the Affidavit of Residency is required to be notarized if it will be uploaded and not mailed.

[Boiler 45,311]

I wonder if they are questioning her eligibility. I may be misreading your initial post but when exactly did she arrive, was it before the continuous residency date?

 

[Dave-n-Oksana 49]

58 minutes ago, Boiler said:

I wonder if they are questioning her eligibility. I may be misreading your initial post but when exactly did she arrive, was it before the continuous residency date?

 

I am sure that is what they are doing, but the eligibility dates are the confusing parts.  Residency prior to April 12, but continued presence after April 19th? Arrival April 16th.  With her forced to leave in March, that is why we are using that as her residency as there is a history of her coming to us.

[Boiler 45,311]

You are relying on her prior visits to qualify, out of my area, I do not know if this is possible.

[SteveInBostonI130 3,408]

12 hours ago, Dave-n-Oksana said:

I am sure that is what they are doing, but the eligibility dates are the confusing parts.  Residency prior to April 12, but continued presence after April 19th? Arrival April 16th.  With her forced to leave in March, that is why we are using that as her residency as there is a history of her coming to us.

 

Your MIL qualifies for the 2nd part - continual physical presence since April 19, but may not meet the first part - continuous residency since April 11.

 

Try contacting the program director:

Quote

FOR FURTHER INFORMATION CONTACT:

Rená Cutlip-Mason, Chief, Humanitarian Affairs Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by phone at 800-375-5283.

 

[speedster 26]

1 hour ago, SteveInBostonI130 said:

 

Your MIL qualifies for the 2nd part - continual physical presence since April 19, but may not meet the first part - continuous residency since April 11.

 

Try contacting the program director:

 

This is the correct answer, they're probably finding it a problem considering the eligibility.

[SteveInBostonI130 3,408]

13 hours ago, Dave-n-Oksana said:

I am sure that is what they are doing, but the eligibility dates are the confusing parts.  Residency prior to April 12, but continued presence after April 19th? Arrival April 16th.  With her forced to leave in March, that is why we are using that as her residency as there is a history of her coming to us.

 

You have a dilemma.  Your MIL doesn't seem to qualify for TPS.  You have 3 options:

 

1.  Continue to press for TPS.  I think USCIS will deny it and you will need to appeal, if that's alllowed.

 

2. If you MIL has less than 180 days of unlawful presence, she can travel to Europe and you can petition her under U4U humanitarian parole.  I assume she was given 6 months stay starting April 16?  If so, her 180 day unlawful stay limit would be around April 10 or 11, 2023.  

 

3.  You can help her apply for asylum.  Due to the ongoing war, this should work.  But because of the 2 other programs - TPS and U4U - USCIS case officer may deny it and refer you to the other programs and put you guys through red tape hell.

 

If it was me, I would go with option 2.  But this is not risk free - the ultimate choice is up to you.

[Crazy Cat 41,601]

 

What You Need to Know About Temporary Protected Status for Ukrainian Nationals (legalaidnyc.org)

What documents will I need for my TPS application?

In order to apply for TPS, you will need to prove three things:

(1) that you are a national of Ukraine,

(2) that you were residing in the U.S. on April 11, 2022, and

(3) that you have been residing in the U.S. continuously since then.

Edited February 27, 2023 by Crazy Cat

[Crazy Cat 41,601]

13 hours ago, Dave-n-Oksana said:

With her forced to leave in March, that is why we are using that as her residency as there is a history of her coming to us.

I don't think that will fly.

[Boiler 45,311]

I think she could go to Canada or Mexico, no need for a long flight.

 

Asylum is a whole other game, my suspicion is that most Ukrainians would not be eligible, some may, but that is definitely Lawyer territory.

 

If her daughter is a USC that is an obvious route. Or becomes a USC.

Edited February 27, 2023 by Boiler

[Bob in Boston 675]

16 hours ago, Dave-n-Oksana said:

The question is if the Affidavit of Residency is required to be notarized if it will be uploaded and not mailed.

just a guess but I say Yes. That way whoever sings the document their identity is proven through the notary.

[Dave-n-Oksana 49]

3 hours ago, Crazy Cat said:

 

What You Need to Know About Temporary Protected Status for Ukrainian Nationals (legalaidnyc.org)

What documents will I need for my TPS application?

In order to apply for TPS, you will need to prove three things:

(1) that you are a national of Ukraine,

(2) that you were residing in the U.S. on April 11, 2022, and

(3) that you have been residing in the U.S. continuously since then.

Actually, the stipulation for the TPS is not "Residing" but have a "Residence" on April 11. 

[Dave-n-Oksana 49]

3 hours ago, SteveInBostonI130 said:

 

2. If you MIL has less than 180 days of unlawful presence, she can travel to Europe and you can petition her under U4U humanitarian parole.  I assume she was given 6 months stay starting April 16?  If so, her 180 day unlawful stay limit would be around April 10 or 11, 2023.  

 

Currently, she has not accrued any Unlawful presence as we have the NOA from when we first submitted the paperwork in June.  

 

3 hours ago, Boiler said:

I think she could go to Canada or Mexico, no need for a long flight.

 

Asylum is a whole other game, my suspicion is that most Ukrainians would not be eligible, some may, but that is definitely Lawyer territory.

 

If her daughter is a USC that is an obvious route. Or becomes a USC.

My wife is a US citizen, so that is also a path if this one closes.  The reason we didn't go this route was that my MIL hoped that the war would be over before New Years.