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DHS Official Designation of Ukraine and Sudan for Temporary Protected Status and New Uniting for Ukraine Process through DHS

May 3, 2022

DHS Official Designation of Ukraine and Sudan for Temporary Protected Status

On April 18, 2022, the Department of Homeland Security (DHS) officially posted two Federal Register notices on Temporary Protected Status (TPS) for both Ukraine and Sudan. The registration process for both countries began on April 19, 2022, and all individuals who want to request TPS under the designation of Ukraine or Sudan must file an application with the U.S. Citizenship and Immigration Services (USCIS).

Eligibility Under the 18-Month Designations for TPS

To be eligible under the 18-month designation of Ukraine for TPS, individuals must demonstrate their continuous residence in the United States since April 11, 2022, and continuous physical presence in the United States since the designation date in the Federal Register notice of April 19, 2022. 

Ukrainian nationals currently outside the United States are not eligible for TPS under this designation, and they will not become eligible by relocating to the United States in the coming weeks. Ukrainians are encouraged instead to apply for a visa or other legal pathway at a United States consulate abroad.

To be eligible under the 18-month designation of Sudan for TPS, individuals must demonstrate their continuous residence in the United States since March 1, 2022, and continuous physical presence in the United States since the designation date in the Federal Register notice of April 19, 2022.

For the purposes of MassHealth eligibility:

    • Applicants or members who fall under the TPS designation will be considered Immigrant Lawfully Present (ILP).  
    • Individuals who have filed an application for TPS and have been granted employment authorization will also be considered ILP. 
    • Applicants or members who are unable to provide documentation to prove TPS status and/or those who entered the country after the official date in the designation, may still qualify as a PRUCOL.
 
Please review all immigration documents carefully. For example, proof of a filed application at USCIS (such as an I-797 notice of action) for asylum or other immigration status will satisfy PRUCOL requirements. Additionally, valid and unexpired nonimmigrant visas such as B1/B2 visas will place a member into ILP status.

New Uniting for Ukraine Process Through DHS

On April 21, 2022, the Federal Government announced Uniting for Ukraine, a streamlined way to provide a safe and orderly process for displaced Ukrainians who have been impacted by Russia’s invasion of Ukraine. Ukrainians who have a financial supporter in the United States and were residents of Ukraine as of February 11, 2022, may be considered for parole, on a case-by-case basis, for a period of up to two years. Once granted parole, Ukrainians are also eligible to apply for employment authorization in the United States. DHS began accepting applications for this process beginning on April 25, 2022.
 

For the purposes of MassHealth eligibility:

    • Applicants or members who are granted parole for at least one year are considered Qualified Noncitizens Barred if they have not been in parole status for five years or more. 
    • Applicants or members who are granted parole for less than one year are ILP.
 
Please review all documents carefully. The U.S. is aware that many Ukrainians may be entering with nonimmigrant visas, or eligible for temporary protected status (TPS). Additionally, applicants and members who are unable to provide documentation of parole, TPS, employment authorization, or nonimmigrant visa may still qualify as PRUCOL.
 
Reminder: If an applicant or member with a nonimmigrant visa satisfies residency and other requirements, they may be eligible for MassHealth benefits or Health Connector coverage.
 
MassHealth will continue to monitor for updates and provide details as they are received.