The Biden administration is expanding Temporary Protected Status (TPS) eligibility for Ukrainians living in the U.S., moving up the program’s cut-off date by six weeks, the Department of Homeland Security (DHS) announced Monday. I invited an Immigration Attorney Yakov Spektor to discuss the details of how this would work to let the Ukrainians who are in US already to stay and work legally in the United Sates.

https://www.facebook.com/michael.levitis/videos/706103437198009

TPS for Ukrainians Audio

Sun, 4/24 9:06AM • 20:27

SPEAKERS

Michael Levitis, Yakov Spektor

Michael Levitis  00:00

Okay, everybody. Welcome to our podcast, our live session with immigration attorney Jacob Spektor. And the reason why I called in Yakov, and I appreciate your time. And now we are very busy these days, especially with Ukrainian refugees. That’s exactly why I called you is because as I understand new rules came out regarding TPS. TPS is temporary protected status for Ukrainian refugees. And I read some papers that now up to 60,000 Ukrainians in us will be eligible to participate, which to me is not enough. If you want to do a little preface, or a foreword, I don’t think it’s nearly enough. There are millions of people that are displaced in Ukraine and outside Ukraine and Poland and surrounding countries. And White House has to do better. Yesterday, I was published in Washington Post newspaper, because I wrote a letter in March to the White House to President Biden demanding more quotas demanding more accessibility to us, for the Ukrainian refugees. And specifically, from what I understand, only up to 100,000, Ukrainians will be let in while as we said, there are millions of refugees. And the requirements are very narrow that you could qualify. And we’re going to talk to you aquYakov Spektor about how you’re going to explain to us exactly what you can do to get in. So this letter that I did was published in Washington Post, I’m very happy about that, because that gives exposure to this issue. And the letter is on my Facebook pages on Instagram everywhere. So if you guys care about this issue, please do similar letters. Because the more pressure we put on on the White House, the more hopefully they’ll respond. And more importantly, we have to get in the media. So the more it’s in the media, the more there’s pressure for President Biden and his administration to respond to give more protection for Ukrainian refugees who are right now in dire need. Because who are these refugees, this is mostly women and children, because the men have to stay behind to fight. So we’ll do whatever we can with our contacts with our resources to give rise to this issue. So ladies and gentlemen, I give you now, Yakov Spektor. Now you’re an immigration attorney. So obviously, this is your cup of tea. Please tell us what has changed today, as opposed to yesterday with TPS special protection for Ukrainian refugees.

Yakov Spektor  02:46

Thank you, Michael. Actually, you know, this is something that we’ve been waiting for the government to start moving down for more than a month and a half, they announced that they will start accepting TPS applications in the beginning of March. At that point, they said that basically, anybody who would have arrived before March 1 would be eligible. But as of yesterday, they extended that so now anybody who is who, who, who’s, who is here since before April 11. So okay, April 11. That’s the cutoff. Okay. If you arrive, April 11, you’re still eligible. But if you arrived in April 12, you are not.

Michael Levitis  03:31

So just to get this straight. I’m gonna just do follow up questions. But your if you come right now, from Mexico, whatever to America, you’re not,

Yakov Spektor  03:39

you’re not. would you expect us as a government? You’re not, then the reason for that is that, you know, this program was initially designed to sort of to protect the people who are already in the country from returning back if some natural calamity and so, you know, the government is just using the tools that it has. It’s not really passing any new laws, unfortunately, and your efforts of putting pressure on the media through, you know, through the media on the government are very helpful in that. But what GPS is a tool that the government has had in its arsenal for a while. So that’s what they’re doing, you know, they’re pretty much just designating people who are already here, okay, we’re happy that they expanded it to April 11th. Because in the last month or so, a lot of Ukrainian refugees who truly were running away from this war are going to be able to apply but of course, the government needs to do more. We are hoping they will expand this program. Definitely anybody who is here who arrived before April 11 should be registering for it unless unless there is an easier way for them to get permanent status. Okay. And unfortunately, that does not mean asylum. We are not going to be talking about this today. But let me just tell you that if you are here in the United States, you arrived before April 11. You don’t have a Green Card. You’re a citizen of Ukraine. And you’re thinking, Well, should I be applying for political asylum? Or should I be applying for TPS? I would say definitely apply for TPS. Okay, and talk to someone like me about your chances for political asylum. You have one year to apply for political asylum since you arrived here. Okay? But TPS is definitely something that you shouldn’t be you shouldn’t be getting on the website, trying to register trying to apply, get your work permit, get your status registered.

Michael Levitis  05:34

And let me ask you this status, TPS, What rights does it give you? Can you vote? Can you work? What can you do?

Yakov Spektor  05:42

Okay, well, that’s actually, that’s a great question, Michael. So one thing that you should know. Okay. And by, by you, Michael, I’m talking. I’m talking to your audience. I’m talking to any Ukrainian refugees who might be here. Okay, definitely don’t vote, definitely don’t register to vote, only US citizens are able to vote. Okay. There are some very limited exceptions. But you know, voting is definitely something that you shouldn’t be doing. I’m sure it’s not on your mind. But if anybody tells you that they will try to register you to vote. You don’t want to do that. Okay. The criminal actually, that it could be right. So unless you’re a citizen of the United States, in which case, we’re probably not watching you. Okay. You should not be voting in the United States. Okay, what about work? Can you work? Now the work permit, that’s something that comes with TPS. Okay. But it’s not automatic, you will have to file a separate application for the work permit. Okay, they have the separate filing fee, it definitely makes sense. Because once you file for your work permit, the government will send you your social security card. So they will assign a social security number to you so that you are able to pay your taxes from any of your employment earnings.

Michael Levitis  06:51

And and in your experience, how long does it take to get this permit to work? Because people come here? I mean, look, I know you’re saying it’s the very hard working people. As any immigrants, we come here to work to make this a better place for us and for the country. How long does it take usually to get this permit to work?

Yakov Spektor  07:13

The government has been very backed up by the work permit applications, people were losing their jobs, because it would take it would take them 10, sometimes 11 months, nine months to get the work permits now they’re hopefully speeding things up a little bit. Okay. So we are beginning to see that they’re processing those work permits sooner, how long it’s going to take to take them to process btps work permits, is it no one is anyone’s guess really, because they’re just beginning to accept the applications literally starting today. Okay, even though they’re already there is a link to to file an online application that’s already up. Okay. But there is still no dedicated TPS  page on the USCIS website that’s dedicated to Ukraine. We were expecting that to be up shortly. But this is why we are waiting for a while.

Michael Levitis  08:08

This is what gets me riled up and upset by this amazing announcement, we’re going to have TPS for Ukrainians. But it has no meat on the bone. These very standard details

Yakov Spektor  08:24

There’s not even bones there. It’s more of a ghost over promise.

Michael Levitis  08:28

See, this is ridiculous that people right now that are under bombs, people that are suffering, or people who are refugees have no place to go. People are going to Mexico, and they could fall prey to human traffickers. To the cartel, they have to pay their own way to come here to Mexico. And we’re just giving giving out these beautiful statements. But there’s no practical way for people to come here. There’s no airlift from Poland, from other countries to America. That’s how it should have been done with the Afghan refugees. And again, the quota itself. I believe it still is 100,000. Total, right. It’s very, very small drop in the ocean.

Yakov Spektor  09:18

Yeah, even that number. Mike is a it’s a you know, I hate to say that, but even that number for now, okay. We simply don’t know whether that number is going to be something that they will accept in the next few months, or are they just going to basically spread it over the next few years and accept 20,000 Refugees a year when we don’t have any details? There is no mechanism set in place for that number. It’s a promise at some point they will probably accept 200,000 refugees. But if you’re a refugee waiting to come to the United States at the moment, do not rely on that that’s not something that will probably be available to you.

Michael Levitis  09:58

Our job as a community, as people who live in America, because we have a voice, we’re pretty comfortable here. We have the resources, the contacts, please share this video, share the letter, I did to Washington Post to the White House. Do your own letters bring awareness to your local politicians, that they should put pressure on the federal officials to not only enact a higher quota, but what exists now to actually get the work and make it practical. So a Ukrainian refugee can go smoothly on the website or their attorney and apply and get answers and get papers as soon as possible without having to rely on the cartel to smuggle them through a tunnel in Mexico.

Yakov Spektor  10:50

Absolutely. Now regarding the turn to Mexico, okay. There is a the government is now accepting applications for something called humanitarian parole at the border from the Ukrainian refugees. What that means is if you’re a Ukrainian refugee, and you show up at the border, okay, and you tell them, hey, let me in this country, I don’t have a visa to come to the United States. You know, I don’t have anything that allow me to come to the United States, but because of the war, allow me to enter okay, this is called humanitarian parole, and the government is now accepting applications from the Ukrainian refugees at the Tijuana border crossing there is now from what I hear a dedicated window that accepts those applications. Now what that means is that if you get to that window if you’re a Ukrainian refugee in Mexico, and you’ll get to that window you they’ll probably let you in the United States especially if you have someone here like friends or relatives who you know might say that hey, you know what a well house you will provide food will provide room to provide boards. But one thing to note is that as of last week, okay, the wait time okay, at that border crossing, okay, for Ukrainian refugees were it was in excess of 30 hours, I believe. And so you might expect to spend days there at the border. So

Michael Levitis  12:07

you’re stuck, vulnerable and exposed? Women and children? Absolutely. At a Mexico border. Absolutely. With coyotes when I mean human coyotes and human traffickers wrong, where they could extort you kidnap you sell you into sexual slavery, you went in there for them?

Yakov Spektor  12:30

Michael, there’s always a danger of that. I think it’s a small chance. But nevertheless, of course, you’re in a strange country. Okay, you, you know how things are going. There’s lots of volunteers on the ground who will help you will live in provide shelter, they set up a shelter in the local in local gyms in local community centers. But you have to be very careful, yes, this is not something that you want to be doing with small children or the elderly, even though that sometimes sometimes this is something that you have to do. But if you do this, just know that you might be facing the weight of many, many hours, if not days.

Michael Levitis  13:06

So Jacob, should these people contact you first? Before they attempt that just to get more details? Or wants to remain in America? What do you recommend?

Yakov Spektor  13:19

Well, Michael, there’s really not much that I can do from this side of the border. Okay, once the once you are here, okay, once you relatives over here, okay, it might make sense to consult me regarding the next steps, okay, because if they’re here on the humanitarian parole, they might be able to apply for a work permit might be okay, if they’re already here, they might be able to apply for TPS, they might be able to apply for political asylum, all of those things are not something that you know, that people should do lightly. Okay, they should definitely consult a good immigration attorney, it could be me, it could be another immigration attorney, you might be prepared to wait a few days until I’m able to consult you. But if you’re if you’re in Mexico, waiting to come in at the US border crossing, that’s I will not be of much help, you know, just try to get through the window of life who humanitarian parole get in.

Michael Levitis  14:17

Why don’t you share  your phone number in case somebody want to contact you here.   I understand you speak Russian as well. So you’ll be able to help them if they’re willing to speak Russian, which is another issue right now. Also, the reason why we’re doing this here in on Facebook is because people have friends and relatives in here. And the reason we’re doing it here so that friends and families of Ukrainians can get this information and they can send it over to their friends. So why don’t you share your phone number piece?

Yakov Spektor  14:59

By phone number 646-543-0745 Our main offices in New York, but we work with clients all over the United States. As I said, if you need to get in touch with me call that number, schedule a consultation. But most likely, this will be useful for your relatives once they’re already in the United States. Okay, if you want to consult me regarding their options when they’re outside of the United States, you could do so too. One thing to note, okay, is if they’re in Europe, they’re able to apply for something called temporary protect. Oh, no, that’s for displaced persons sad, okay. Now, Europeans will, will give people who are in the in the displaced person status, they will give them the medical insurance, they will give them some sort of financial aid. They will give them a work permit, and

Michael Levitis  15:59

it’s like TPS, but it’s for for European Union Europeans,

Yakov Spektor  16:02

right. And they would apply for it in the country in the particular European country that they kind of end up in, okay, because they’re able to travel without visas through through Europe. Okay. And it’s, you know, as far as the benefits go, it’s a better deal than temporary protected status in the United States, because in the United States, they will be able to work. Yes,

Michael Levitis  16:24

Europeans are much more generous when it comes to immigrants. However, I believe America was such vast resources, vast geography, has the wherewithal to house many more refugees. So I believe USA has a big responsibility here to do everything we can to accept, accommodate and  protect immigrants and refugees from Ukraine.

Yakov Spektor  16:55

We should be doing more we are land of opportunity. Yes, we will allow you to work here. Okay. But I think we should be doing more especially for the women and children refugees who come here, and I hope we will.

Michael Levitis  17:06

Yeah, could just briefly recap of something added question you said that. You should have like a sponsor here, when you apply for TPS or

Yakov Spektor  17:17

sponsor to apply for TPS at all. What I was talking about, if you’re coming through the board, or if there’s someone to pick you up, and if there is someone to that, you know, you could go to, okay, you will get processed probably, you will probably be processed and released faster. Okay? Because

Michael Levitis  17:34

it’s better to have to take somebody here that can vouch for you that will give them housing and forth is better.

Yakov Spektor  17:42

Alright, but not once. If you’re applying for TPS if you’re already here, you do not need a US sponsor. Okay. You all you need to show is that you’ve been you are here as of April 11, 2022.

Michael Levitis  17:56

Okay, Jacob, is there anything else you want to add before I conclude the session?

Yakov Spektor  18:01

Oh, Michael, thank you for doing the good work. Let’s hope the government does as much as we are doing for for the Ukrainian refugees, and for all your relatives. Good luck. I hope that they get here without any particular issue safe and sound.

Michael Levitis  18:18

Yeah, cool. Thank you so much. And I want to also say that next week, we’re doing a separate separate session, a seminar for Russian refugees, because of course, the first priority should be for Ukrainian refugees, they actually running away from peril  to their lives from from bombs. However, let’s not forget, there are also Russian refugees from Russia, who are dissidents who are against the war, or as they say, special operation, who are sticking out demonstrating they’re losing their jobs, they’re also at a risk of getting imprisoned in Russia. So they should also be accommodated. There’s not the same degree of protection for them. However, you do have some tool in your arsenal. Right for anyone give them

Yakov Spektor  19:07

some pointers, that’s for sure. And I believe we’re going to be doing that session in Russian. Right, Michael? Correct.

Michael Levitis  19:11

We are doing it in Russian. We’re doing it next week. We may, depending on the interest, I think there’s been a great interest do another one for Russian immigrants in English. So again, their friends and relatives who don’t speak Russian that well could share with them, I think is very useful. If anybody has any questions, comments, please post them in your in the Facebook post below. And we’re going to try to answer them in in a next session or Yakov will provide an answer at his free time. Again, please  give your phone number, if somebody wants to reach out to you.

Yakov Spektor  19:51

If anybody wants to call me it’s 646-543-0745 but you do leave the comments under the under under this video, I’ll see if I can get some time maybe I’ll be able to answer it and it will be useful for everyone.

Michael Levitis  20:06

Very good. Yakov Spektor,, immigration attorney. Thank you so much. I appreciate it. We hope that all refugees coming here safely and soundly, and we’re going to do everything we can to help out, everybody. Thank you for tuning in.

Yakov Spektor  20:21

Thank you. Thank you, Michael. Thank you. Bye