[Federal Register: August 6, 1999 (Volume 64, Number 151)]
[Notices]
[Page 42991-42992]
From the Federal Register Online via GPO Access
[wais.access.gpo.gov]
[DOCID:fr06au99-102]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2009-99; AG Order No.
2239-99]
Extension of the Registration Period for Hondurans and
Nicaraguans Under the Temporary Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: On January 5, 1999, the Attorney General designated
Honduras
and Nicaragua under the Temporary Protected Status (TPS) program
for a
period of 18 months. Under the terms of the designation,
applicants
could apply for TPS during the registration period lasting from
January
5, 1999, through July 5, 1999. this notice extends the
registration
period until August 20, 1999. Applications must be received with
the
appropriate fee for a fee waiver request by the Immigration and
Naturalization Service (Service) service center with jurisdiction
over
the applicant's place of residence by close of business on August
20,
1999. The extension of the registration period does not extend
the
period of the designation. In order to be eligible for TPS under
the
Honduras or Nicaragua designations, applicants must demonstrate
that
they have been continuously present in the United States since
January
5, 1999, and have continuously resided in the United States since
December 30, 1998. The Service is extending the registration
period to
allow eligible applicants who have not yet filed
an application an
additional 45 days to register for TPS. There will be no further
extension of the registration deadline.
DATES: This notice is effective July 7, 1999.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Immigration
and
Naturalization Service, Adjudications Division, 425 I Street, NW,
Room
3040, Washington, DC 20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
When did the Attorney General designate Honduras and Nicaragua
under the TPS Program?
On January 5, 1999, the Attorney General designated Honduras
and
[[Page 42992]]
Nicaragua under the TPS program for a period of 18 months in two
separate Federal Register notices. See 64 FR 524; 64 FR 526. The
registration period for these designations was limited to 180
days,
from January 5, 1999, to July 5, 1999.
What authority does the Service have to extend the registration
period?
Section 244(c)(1)(A)(iv) of the Immigration and Nationality
Act, as
amended (Act), authorizes the Attorney General to provide TPS
applicants a ``registration period of not less than 180 days''
and
requires aliens to register ``to the extent and in a manner which
the
Attorney General establishes.'' 8 U.S.C. 1254a(c)(1)(A)(iv). The
registration period for Hondurans and Nicaraguans under the TPS
Program
initially lasted for 180 days, from January 5, 1999, to July 5,
1999.
Under section 244(c)(1)(A)(iv) of the Act, the Attorney General
has
decided to extend the registration period for an additional 45
days,
until August 20, 1999. 8 U.S.C. 1254a(c)(1)(A)(iv).
Why is the Attorney General extending the registration period?
The Attorney General is extending the registration period in
order
to provide those applicants hoe have not yet
filed an application
for
TPS under the Honduras or Nicaragua programs with an additional
45 days
in which to gather and submit the documentation necessary to
provide
eligibility for TPS. The Attorney General has been advised that
Honduran and Nicaraguan applicants have been having difficulty
obtaining nationality and identity documents. This action is not
a
redesignation of TPS and does not expand the designation to
include
Hondurans and Nicaraguans who entered the country after December
30,
1998. There will be no further extensions of the registration
period.
Can I apply for TPS even if I do not have all of the necessary
documentation?
Yes. Applicants do not need to wait to apply for TPS until
they
have obtained all of the evidence necessary to establish their
eligibility. The application, Form I-821, Application for
Temporary
Protected Status, contains instructions for applicants who cannot
obtain identity and nationality documentation. Applicants who do
not
submit appropriate documentation establishing identity or
nationality
with their applications must, under the regulations, submit an
affidavit showing proof of unsuccessful efforts to obtain the
documents, explaining why the consular process was unavailable to
them,
and affirming that they are nationals of Honduras or Nicaragua
(or
aliens having no nationality who last habitually resided in
either
Honduras or Nicaragua). Applicants who submit an affidavit and
receive
the proper documentation prior to adjudication may provide the
missing
documentation to the Service. While the Service encourages
applicants
to submit proper documentation with their applications, the
Service
will only accept and process applications received on or before
the
extended August 20, 1999, registration deadline. To be considered
properly filed, an application must be received,
with the
appropriate
fee or a fee waiver request, at the service center with
jurisdiction
over the applicant's place of residence by close of business on
August
20, 1999.
What happens to an application that is submitted without the
proper
fee or the fee waiver request is denied?
Applications submitted without the proper fee will be
rejected and
returned to the applicant. The Service will also reject and
return to
the applicant any application in which a fee waiver request has
been
denied.
Can I apply for TSP after the end of the registration period?
In addition to timely registration, late registration is
possible
for some persons under 8 CFR 244.2. The requirements for late
registration specify that at the time of the initial registration
period the applicant must (1) have been in valid nonimmigrant
status or
been granted relief from removal, (2) have had an application for
change of status, adjustment of status, asylum, voluntary
departure, or
any relief from removal which is pending or subject to further
review
or appeal, (3) have been a parolee or had a pending request for
reparole, or (4) have been a spouse or child of an alien
currently
eligible to be a TPS registrant. 8 CFR 244.2(f)(2). An applicant
for
late registration must register no later than 60 days from the
expiration or termination of the qualifying condition. 8 CFR
244.2(g).
Dated: July 25, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-20279
Filed
8-5-99; 8:45 am]