INS Notice of Extension of TPS Designation for Monserrat

[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
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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.

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(SEE PDF VERSION FOR TABLE)

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.uscis.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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