[Federal Register: August 3, 2001 (Volume 66, Number 150)]
[Notices]
[Page 40833-40835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au01-149]
[[Page 40833]]
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Part III
Department of Justice
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Immigration and Naturalization Service
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Extension of the Designation of Montserrat Under the
Temporary
Protected Status Program; Notice
[[Page 40834]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2146-00; AG Order No. 2496-2001]
RIN 1115-AE26
Extension of the Designation of Montserrat Under the
Temporary
Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The designation of Montserrat under the Temporary
Protected
Status (TPS) program will expire on August 27, 2001. This
notice
extends the Attorney General's designation of Montserrat under
the TPS
program for 12 months until August 27, 2002, and sets forth
procedures
necessary for nationals of Montserrat (or aliens having no
nationality
who last habitually resided in Montserrat) with TPS to register
for the
additional 12-month period. Eligible nationals of Montserrat (or
aliens
having no nationality who last habitually resided in Montserrat)
may
re-register for TPS and an extension of employment authorization.
Re-
registration is limited to persons who registered during the
initial
registration period, which ended on August 27, 1998, or who
registered
after that date under the late initial registration provisions,
and who
timely re-registered under each of the subsequent extensions.
Nationals
of Montserrat (or aliens having no nationality who last
habitually
resided in Montserrat) who previously have not applied for TPS
may be
eligible to apply under the late initial registration provisions.
See 8
CFR 244.2 (2001).
EFFECTIVE DATES: The extension of the TPS designation for
Montserrat is
effective August 27, 2001, and will remain in effect until August
27,
2002. The 90-day re-registration period begins August 3, 2001,
and will
remain in effect until November 1, 2001.
FOR FURTHER INFORMATION CONTACT: Rebecca K. Peters, Residence
and
Status Services Branch, Adjudications, Immigration and
Naturalization
Service, Room 3214, 425 I Street, NW, Washington, DC 20536,
telephone
(202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Attorney General Have To Extend the
Designation of Montserrat Under the TPS Program?
Section 244(b)(3)(A) of the Immigration and Nationality Act
(Act)
states that, at least 60 days before the end of an extension or
a
designation, the Attorney General must review conditions in the
foreign
state for which the designation is in effect. 8 U.S.C.
1254a(b)(3)(A).
If the Attorney General does not determine that the foreign state
no
longer meets the conditions for designation, the period of
designation
is extended automatically for 6 months pursuant to section
244(b)(3)(C)
of the Act, although the Attorney General may exercise his
discretion
to extend the designation for a period of 12 or 18 months. 8
U.S.C.
1254a(b)(3)(C). With respect to Montserrat, such an extension
makes TPS
available only to persons who have been continuously physically
present
since August 28, 1997, and have continuously resided in the
United
States since August 22, 1997.
Why Did the Attorney General Decide To Extend the TPS
Designation
for Montserrat?
On August 28, 1997, the Attorney General designated
Montserrat
under the TPS program for a period of 12 months. 62 FR 45685.
The
Attorney General extended the TPS designation three times
after
determining that the conditions warranting such designation
continued
to be met each time. See 65 FR 58806 (Oct. 2, 2000); 64 FR 48190
(Sept.
2, 1999); 63 FR 45864 (Aug. 27, 1998).
Since the date of the last extension, the Departments of
Justice
and State have continued to review conditions in Montserrat. The
review
has resulted in a consensus that a further 12-month extension
is
warranted. The reasons for the extension include the continued
threat
of further volcanic eruptions, the ongoing housing shortage, and
the
serious health risks from volcanic ash. Citing the Montserrat
Volcano
Observatory's January 2001 Hazard Assessment, the State
Department
reported that, ``the volcano's dome is undergoing a period of
vigorous
growth. Even though the dome collapsed during the March 2000
eruption,
it has reemerged and is now at its largest size since the
eruption
began in 1995. Dome growth has so far been on the south side of
the
crater, but if growth shifted to the north side, the 150 people
living
in settlements on the northwest border of the exclusion zone
would be
in danger. Such a shift in dome growth can occur within a matter
of
hours.'' According to the Department of State, the Observatory's
report
concludes that ``further dangerous volcanic activity of the
kinds
experienced in 1995-1998, including dome collapses, pyroclastic
flows,
explosive activity, ashfall, and mud flows * * * is therefore
likely in
the near future.'' On June 6, 2001, the Observatory confirmed for
the
State Department that conditions remain at a level comparable to
that
of January 2001. The State Department further notes that a
housing
shortage persists since residents crowded into the north are
unable to
return to their homes in the southern part of the island. Over
150
people remain in temporary shelters and 800 still lack
permanent
housing. In addition to the destruction caused by the eruptions,
the
ash that periodically covers much of the island poses a health
risk to
those exposed to it. Even those living in the north of the island
are
at some risk of contracting lung disease from inhaling
airborne
particles contained in the volcanic ash.
Based on this review, the Attorney General finds that the
conditions that prompted designation of Montserrat under the
TPS
program continue to be met. 8 U.S.C. 1254a(b)(3)(A). There
continues to
be a substantial, but temporary, disruption of living conditions
in
Montserrat as a result of environmental disaster, and
Montserrat
remains unable, temporarily, to handle adequately the return of
its
nationals. 8 U.S.C. 1254a(b)(1)(B).
On the basis of these findings, the Attorney General concludes
that
the TPS designation for Montserrat should be extended for an
additional
12-month period. 8 U.S.C. 1254a(b)(3)(C).
If I Currently Have TPS, How Do I Re-Register for an Extension?
If you have already been granted TPS through the Montserrat
TPS
program, your TPS will expire on August 27, 2001. Persons
previously
granted TPS under the Montserrat program may apply for an
extension by
filing (1) a Form I-821, Application for Temporary Protected
Status,
without the fee, (2) a Form I-765, Application for
Employment
Authorization, and (3) two identification photographs
(1\1/2\" x 1\1/
2\"). To determine whether or not you must submit the one
hundred
dollar ($100) filing fee with the Form I-765, see the chart
below.
Submit the re-registration package to the INS district office
that
has jurisdiction over your place of residence during the 90-day
re-
registration period that begins August 3, 2001, and will remain
in
effect until November 1, 2001.
[[Page 40835]]
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If Then
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You are applying for employment You must complete and file:
authorization through August 27, 2002. (1) Form I-765,
Application for
Employment Authorization, with
the $100 fee.
You already have employment You must complete and file:
authorization or do not require (1) Form I-765, with no filing
employment authorization. fee.
You are applying for employment You must complete and file:
authorization and are requesting a fee (1) Fee waiver request and
waiver. affidavit (and any other
information) in accordance
with 8 CFR 244.20, and
(2) Form I-765, with no fee.
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How Does an Application for TPS Affect My Application for Asylum
or
Other Immigration Benefits?
An application for TPS does not affect an application for asylum
or
any other immigration benefit. Denial of an application for
asylum or
any other immigration benefit does not necessarily affect
disposition
of a separate TPS application, though grounds for denying one
form of
relief may serve as the basis for denying TPS as well. For
example, a
person who has been convicted of a particularly serious crime
is
ineligible for both asylum and TPS. 8 U.S.C. 1158(b)(2); 8
U.S.C.
1254a(c)(2)(B).
Does This Extension Allow Nationals of Montserrat (or Aliens
Having
No Nationality Who Last Habitually Resided in Montserrat)
Who
Entered the United States After August 28, 1997, To File for TPS?
No. This is a notice of an extension of the TPS designation
for
Montserrat, not a notice of re-designation for Montserrat for
TPS. An
extension of TPS does not change the required dates of
continuous
residence and continuous physical presence in the United States
and
does not expand TPS availability to include nationals of
Montserrat (or
aliens having no nationality who last habitually resided in
Montserrat)
who arrived in the United States after the required dates
for
continuous physical presence, August 28, 1997, and
continuous
residence, August 22, 1997.
Is Late Initial Registration Possible?
Yes. Some persons may be eligible for late initial
registration
under 8 CFR 244.2(f)(2). To apply for late initial registration
an
applicant must:
(1) Be a national of Montserrat (or an alien who has no
nationality
and who last habitually resided in Montserrat);
(2) Have been continuously physically present in the United
States
since August 28, 1997;
(3) Have continuously resided in the United States since August
22,
1997; and,
(4) Be admissible as an immigrant, except as otherwise
provided
under section 244(c)(2)(A) of the Act, and not ineligible under
section
244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate
that,
during the initial registration period from August 28, 1997,
through
August 27, 1998, he or she:
(1) Was a nonimmigrant or had been granted voluntary
departure
status or any relief from removal,
(2) Had an application for change of status, adjustment of
status,
asylum, voluntary departure, or any relief from removal or change
of
status pending or subject to further review or appeal,
(3) Was a parolee or had a pending request for reparole, or
(4) Was the spouse or child of an alien currently eligible to be
a
TPS registrant. 8 CFR 244.2(f)(2).
An applicant for late initial registration must register no
later
than 60 days from the expiration or termination of the
conditions
described above. 8 CFR 244.2(g).
Notice of Extension of Designation of Montserrat Under the
TPS
Program
By the authority vested in me as Attorney General under
sections
244(b)(1), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted
with
the appropriate government agencies concerning whether the
conditions
under which Montserrat was designated for TPS continue to exist.
As a
result, I determine that the conditions for designation of TPS
for
Montserrat continue to be met. 8 U.S.C. 1254a(b)(3)(A).
Accordingly, I
order as follows:
(1) The designation of Montserrat under section 244(b) of the
Act
is extended for an additional 12-month period from August 27,
2001, to
August 27, 2002. 8 U.S.C. 1254a(b)(3)(C).
(2) I estimate that there are approximately 323 nationals
of
Montserrat (or aliens who have no nationality and who last
habitually
resided in Montserrat) who have been granted TPS and who are
eligible
for reregistration.
(3) In order to be eligible for TPS during the period from
August
27, 2001, to August 27, 2002, a national of Montserrat (or an
alien who
has no nationality and who last habitually resided in Montserrat)
who
has already received a grant of TPS under the Montserrat
TPS
designation must re-register for TPS by filing a new Application
for
Temporary Protected Status, Form I-821, along with an Application
for
Employment Authorization, Form I-765, within the 90-day
period
beginning on August 3, 2001 and ending on November 1, 2001.
Failure to
re-register without good cause will result in the withdrawal of
TPS. 8
CFR 244.17(c). Some persons who had not previously applied for
TPS may
be eligible for late initial registration under 8 CFR
244.2(f)(2).
(4) At least 60 days before this extension terminates on August
27,
2002, the Attorney General will review the designation of
Montserrat
under the TPS program and determine whether the conditions
for
designation continue to be met. 8 U.S.C. 1254a(b)(3)(A). Notice
of that
determination, including the basis for the determination, will
be
published in the Federal Register. 8 U.S.C. 1254a(b)(3)(A).
(5) Information concerning the Montserrat TPS program will
be
available at local INS offices upon publication of this notice
and on
the INS website at http://www.ins.usdoj.gov.
Dated: July 30, 2001.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 01-19475 Filed 8-2-01; 8:45 am]
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