[Federal Register: September 13, 1999 (Volume 64, Number 176)]
[Notices]
[Page 49511-49512]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se99-115]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2015-99; AG Order No. 2254-99]
RIN 1115--AE 26
Extension of Designation of Somalia Under Temporary Protected
Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice extends the Attorney General's designation of
Somalia under the Temporary Protected Status (TPS) program until
September 17, 2000. Eligible nationals of Somalia (or aliens having no
nationality who last habitually resided in Somalia) may re-register for
TPS and an extension of employment authorization. Re-registration is
limited to persons who registered for the initial period TPS, which
ended on September 16, 1992, or who registered after that date under
the late initial registration provision. Persons who are eligible for
late initial registration may register for TPS during this extension.
EFFECTIVE DATES: The extension of the TPS designation for Somalia is
effective September 18, 1999, and will remain in effect until September
17, 2000. The 30-day re-registration period begins September 13, 1999
and will remain in effect until October 13, 1999.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, 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 Somalia 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 determines that the foreign state continues to
meet the conditions for designation, the period of extension is
extended, pursuant to section 244(b)(3)(C) of the Act. 8 U.S.C.
1254a(b)(3)(C). Through such an extension, TPS is available only to
persons who have been continously physically present and have
continously resided in the United States from the effective date of the
initial designation, in this case, since September 16, 1991.
Who Did the Attorney General Decide To Extend the TPS Designation
for Somalia?
On September 16, 1991, the Attorney General initially designated
Somalia under the TPS program for a period of 12 months. 56 FR 46804.
Since that date, the Departments of State and Justice have annually
reviewed conditions within Somalia. Based on this year's review, the
Attorney General finds that the armed conflict in Somalia is ongoing,
and that the extraordinary and temporary conditions that provided a
basis for the initial TPS designation continue to warrant the extension
of Somalia's TPS designation. 8 U.S.C. 1254a(b)(1)(C).
If I Currently Have TPS, How Do I Register for an Extension?
Persons previously granted TPS under the Somalia program may apply
for an extension by filing a Form I-821, Application for Temporary
Protected Status, without the fee, during the re-registration period
that begins September 13, 1999 and ends October 13, 1999. Additionally,
you must file a Form I-765, Application for Employment Authorization.
See the chart below to determine whether or not you must submit the
one-hundred dollar ($100) filing fee with the Form I-765.
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If-- Then--
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You are applying for employment You must complete and file the
authorization through September 17, Form I-765, Application for
2000. Employment Authorization, with
the one-hundred dollar ($100)
fee.
You already have employment You must complete and file the
authorization or do not require Form I-765, Application for
employment authorization. Employment Authorization, with
no fee.
You are applying for employment You must complete and file Form
authorization and are requesting a fee I-765 and a fee waiver request
waiver. and affidavit (and any other
information) in accordance
with 8 CFR 244.20.
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To re-register for TPS, you also must include two identification
photographs (1\1/2\'' x 1\1/2\'').
Is Late Registration Possible?
Yes. In addition to timely re-registration, late initial
registration is possible for some persons from Somalia under 8 CFR
244.2(f)(2). To apply for late initial registration an applicant must
(1) be a national of Somalia (or alien having no nationality who
last habitually resided in Somalia);
(2) have been continuously physically present in the United States
since September 16, 1991;
(3) have continuously resided in the United States since September
16, 1991; and
(4) be admissible as an immigrant, except as otherwise provided in
section 244(c) of the Act. 8 CFR 244.2(f)(2).
Additionally, the applicant must be able to demonstrate that,
during the initial registration period from
[[Page 49512]]
September 16, 1991, through September 16, 1992, he or she
(1) was in valid immigrant or nonimmigrant status, or had been
granted voluntary departure status, or any relief from removal;
(2) had an application for change of status, asylum, voluntary
departure status or any relief from removal;
(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. Id.
An applicant for late initial registration must register no later
than sixty (60) days from the expiration or termination of the
qualifying condition. Id.
Where Should I File for an Extension of TPS?
Nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) seeking to register for an extension of
TPS must submit an application and accompanying materials to the
Immigration and Naturalization Service local office that has
jurisdiction over the applicant's place of residence.
When Can I File for an Extension of TPS?
The 30-day re-registration period begins September 13, 1999 and
will remain in effect until October 13, 1999.
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. A national of Somalia ( or alien having
no nationality who last habitually resided in Somalia) who is otherwise
eligible for TPS and has applied for or plans to apply for asylum, but
who has not yet been granted asylum or withholding of removal, may also
apply for TPS. Denial of an application for Asylum or any other
immigration benefit does not affect an applicant's ability to register
for TPS, although the grounds of denial may also be grounds of denial
for TPS. For example, a person who has been convicted of an aggravated
felony is not eligible for asylum or TPS.
Does This Extension Allow Nationals of Somalia (or Aliens Having No
Nationality Who Last Habitually Resided in Somalia) Who Entered the
United States After September 16, 1991, To File for TPS?
No. This is a notice of an extension of the TPS designation for
Somalia. It is not a notice of redesignation of Somalia under the TPS
program. An extension of TPS does not change the required dates of
continuous physical presence and residence in the United States, and
does not expand the TPS program to include nationals of Somalia (or
aliens having no nationality who last habitually resided in Somalia)
who arrived in the United States after the date of the original
designation, in this case, September 16, 1991.
Notice of Extension of Designation of Somalia Under the TPS Program
By the authority vested in me as Attorney General under section
244(b)(3)(A) of the Act, I have consulted with the appropriate agencies
of the Government concerning whether the conditions under which Somalia
was initially designated for TPS continue to exist. As a result, I
determine that, the armed conflict in Somalia is ongoing, and that the
extraordinary and temporary conditions that provided a basis for the
initial TPS designated for Somalia continue to exist. Accordingly, I
order as follows:
(1) The designation of Somalia under section 244(b) of the Act is
extended for an additional 12-month period from September 18, 1999,
until September 17, 2000. 8 U.S.C. 1254a(b)(3)(C).
(2) I estimate that there are approximately 350 nationals of
Somalia (or alien having no nationality who last habitually resided in
Somalia) who have been granted TPS and who are eligible for re-
registration.
(3) In order to be eligible for TPS during the period from
September 18, 1999, through September 17, 2000, a national of Somalia
(or aliens having no nationality who last habitually resided in
Somalia) who received a grant of TPS during the initial period of
designation from September 16, 1991, until September 16, 1992, 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 30-day period beginning on
September 13, 1999 and ending on October 13, 1999.
(4) Pursuant to section 244(b)(3)(A) of the Act, the Attorney
General will review, at least 60 days before September 17, 2000, the
designation of Somalia under the TPS program to determine whether the
conditions for designation continue to be met. 8 U.S.C. 1254a(b)(3)(A).
Notice of that determination, including the reasons underlying it, will
be published in the Federal Register.
(5) Information concerning the TPS program for nationals of Somalia
(or aliens having no nationality who last habitually resided in
Somalia) will be available at local Service offices upon publication of
this notice.
Dated: September 3, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-23728 Filed 9-10-99; 8:45 am]