[Federal Register: January 5, 1999 (Volume 64, Number 2)]
[Notices]
[Page 524-526]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja99-94]

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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1964-98; AG Order No. 2201-98]
RIN 1115-AE26


Designation of Honduras Under Temporary Protected Status

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice designates Honduras for the Temporary Protected
Status (TPS) program. Under section 244(b)(1) of the Immigration and
Nationality Act, as amended (the Act), the Attorney General is
authorized to grant TPS in the United States to eligible nationals of
designated foreign states or parts of such states (or to eligible
aliens who have no nationality and who last habitually resided in such
designated states) upon finding that such states are experiencing
ongoing armed conflict, environmental disaster, or other extraordinary
and temporary conditions.

EFFECTIVE DATES: This designation is effective on January 5, 1999 and
will remain in effect until July 5, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Residence and Status
Branch, Adjudications, Immigration and Naturalization Service, 425 I
Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-3228.

SUPPLEMENTARY INFORMATION:

What is Temporary Protected Status?

    The TPS statute (section 244 of the Immigration and Nationality
Act) grants eligible nationals of designated countries temporary
immigration status. TPS beneficiaries are granted a stay of removal and
work authorization for the designated TPS period and for any extensions
of the designation. TPS does not lead to permanent resident status.

Why Is Honduras Being Designated for the TPS Program?

    Hurricane Mitch swept through Central America causing severe
flooding and associated damage in Honduras. Based on a thorough review
by the Departments of State and Justice, the Attorney General finds
that, due to the environmental disaster and substantial disruption of
living conditions caused by Hurricane Mitch, Honduras is unable,
temporarily, to handle adequately the return of Honduran nationals.

Who Is Eligible for Honduran TPS?

    Nationals of Honduras (or aliens having no nationality who last

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habitually resided in Honduras) who have been ``continuously physically
present'' in the United States since January 5, 1999 and have
``continuously resided'' in the United States since December 30, 1998,
may apply for TPS within the registration period which begins on
January 5, 1999 and ends on July 5, 1999.
    Any national of Honduras who has already applied for, or plans to
apply for, asylum, but whose asylum application has not yet been
approved, may also apply for TPS. An application for TPS does not
preclude or adversely affect an application for asylum or any other
immigration benefit. Denial of an application for asylum or any other
immigration benefit does not affect an alien's ability to register for
TPS, although the grounds of denial may also lead to denial of TPS. For
example, an alien who has been convicted of an aggravated felony is not
eligible for asylum or TPS.
    An alien who is granted TPS is eligible to register for any
extension of the TPS program that may be made. However, nationals of
Honduras who do not file a TPS application during the initial
registration period will have to satisfy the requirements for late
initial registration under 8 CFR 244.2(f)(2) in order to be eligible
for TPS registration during any extension of designation. The
requirements for late initial registration specify (1) that the
applicant must have been in valid immigrant or nonimmigrant status
during the initial registration period, (2) or had an application for
relief from removal or change of status pending or under review during
the initial registration period, and (3) must register no later than
sixty (60) days from the expiration of such status or pendency of such
application.

How Do I Register for TPS?

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                   If                                  Then
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You are a national of Honduras (or an    You must complete and file: (1)
 alien having no nationality who last     Form I-821, Application for
 habitually resided in Honduras)          Temporary Protected Status
 registering for TPS and employment       ($50 filing fee), (2) Form I-
 authorization.                           765, Application for
                                          Employment Authorization ($100
                                          filing fee), and (3) $25
                                          Fingerprint Fee
You already have employment              You must complete and file: (1)
 authorization or do not require          Form I-821 with $50 filing
 employment authorization.                fee, (2) Form I-765,
                                          Application for Employment
                                          with no filing fee, and (3)
                                          $25 Fingerprint Fee
You are registering for TPS and          You must complete and file: (1)
 employment authorization and are         Appropriately documented fee
 requesting a fee waiver.                 waiver request and requisite
                                          affidavit (and any other
                                          information) in accordance
                                          with 8 CFR 244.20, (2) Form I-
                                          821, and (3) Form I-765. (4)
                                          $25 Fingerprint Fee. There is
                                          no fee waiver for the
                                          Fingerprint Fee.
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    To register for TPS for all conditions described in the above
chart, you must include two identification photographs (1\1/2\'' x 1\1/
2\'') and supporting evidence as provided in 8 CFR 244.9 (evidence of
identity and nationality, and proof of residence).

Where Should I Register for TPS?

    Nationals of Honduras (or eligible aliens who have no nationality
and who last habitually resided in Honduras) must register for TPS by
submitting an application to the INS Service Center that has
jurisdiction over where the applicant lives.
    If you live in Connecticut, Delaware, the District of Columbia,
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, West
Virginia, or in the U.S. Virgin Islands, mail your application to:
Vermont Service Center, ATTN: TPS, 75 Lower Welden Street, St. Albans,
VT 05479.

    If you live in Arizona, California, Guam, Hawaii or Nevada, mail
your application to:
California Service Center, ATTN: TPS, 24000 Avila Road, 2nd Floor,
Laguna Niguel, CA 92677-8111.

    If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South
Carolina, Tennessee, or Texas, mail your application to:

Texas Service Center, P.O. Box 850997, Mesquite, TX 75185-0997.

    If you live elsewhere in the United States, please mail your
application to:
Nebraska Service Center, P.O. Box 87821, Lincoln, NE 68501-7821.

Notice of Designation of Honduras Under Temporary Protected Status
Program

    By the authority vested in me as Attorney General under section 244
of the Immigration and Nationality Act, as amended (8 U.S.C. 1254a), I
find, after consultation with the appropriate agencies of the
Government, that:
    (1) There exists an environmental disaster in Honduras, and, due to
this disaster, which has substantially disrupted living conditions,
Honduras is unable, temporarily, to handle adequately the return of
Honduran nationals (or aliens having no nationality who last habitually
resided in Honduras);
    (2) Honduras officially has requested that it be granted TPS
designation; and
    (3) Permitting nationals of Honduras (or aliens having no
nationality who last habitually resided in Honduras) to remain
temporarily in the United States is not contrary to the national
interest of the United States.
    Accordingly, it is ordered as follows:
    (1) Honduras is designated for TPS under section 244(b)(1)(B) of
the Act. Nationals of Honduras (or aliens having no nationality who
last habitually resided in Honduras) who have been ``continuously
physically present'' since January 5, 1999 and have ``continuously
resided'' in the United States since December 30, 1998, may apply for
TPS within the registration period which begins on January 5, 1999 and
ends on July 5, 1999.
    (2) I estimate that there are no more than 100,000 nationals of
Honduras (or aliens having no nationality who last habitually resided
in Honduras) in the United States who are eligible for TPS.
    (3) Except as may otherwise be provided, applications for TPS by
nationals of Honduras (or aliens having no nationality who last
habitually resided in Honduras) must be filed pursuant to the
provisions of 8 CFR part 244. Aliens who wish to apply for TPS must
file an Application for Temporary Protected Status, Form I-821,
together with an Application for Employment Authorization, Form I-765,
during the registration period, which begins on January 5, 1999 and
will remain in effect until July 5, 1999.
    (4) A fee prescribed in 8 CFR 103.7(b)(1) (fifty dollars ($50))
will be charged for each Application for Temporary Protected Status,
Form I-821, filed during the registration period.
    (5) A fee prescribed in 8 CFR 103.7(b)(1) (one hundred dollars
($100)) will be charged for each Application for Employment
Authorization, Form I-

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765, filed by an alien requesting employment authorization. An alien
who already has employment authorization or who does not wish to
request employment authorization must nevertheless file Form I-765,
together with Form I-821, for data gathering purposes. In such cases,
however, no fee needs to be submitted with Form I-765.
    (6) A fee prescribed 8 CFR 103.7(b)(1) (twenty-five dollars ($25))
for fingerprinting must be submitted with the Form I-821.
    (7) Pursuant to section 244(b)(3)(A) of the Act, the Attorney
General will review, at least 60 days before July 5, 2000, the
conditions in Honduras to determine whether the conditions for
designation of Honduras under the TPS program continue to exist. Notice
of that determination, including the basis for the determination, will
be published in the Federal Register. If there is an extension of
designation, late initial registration for TPS shall be allowed only
pursuant to the requirements of 8 CFR 244.2(f)(2).

Where Can I Find Information About the TPS Program?

    Information concerning the TPS program for nationals of Honduras
(or aliens having no nationality who last habitually resided in
Honduras) will be available at the Service Internet Website, located at
www.ins.usdoj.gov, the Application Support Center Information Line, at
1-888-557-5398, and at local Immigration and Naturalization Service
offices upon publication of this notice.

    Dated: December 31, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-34849 Filed 12-31-98; 3:02 pm]
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