INS Extends TPS for Bosnia and Montserrat

August 21, 1998

Memorandum To All Regional Directors

From: Michael Pearson
Executive Associate Commissioner
Office of Field Operations

Subject: Extension of Temporary Protected Status (TPS) Programs for Bosnia and Montserrat

Purpose: This memorandum provides information and processing guidance to field offices for the extension of the TPS program for Bosnia and Montserrat.

The Attorney General has determined that TPS for Bosnia will be extended until August 10, 1999. Starting immediately, officers should accept applications and grant Bosnian TPS extensions valid until August 10, 1999.

The Attorney General has further determined that TPS for Montserrat will be extended until August 27, 1999. Starting immediately, officers should accept applications and grant Montserratian TPS extensions valid until August 27, 1999.

Separate public notices for extension of the TPS programs for these countries will be published in the Federal Register on August 20, 1998.

In addition to the 30-day re-registration periods specified by the Federal Register notices, a liberal policy towards granting late re-registration continues.

Current Bosnian and Montserratian TPS registrants who desire an extension must file an Application for Temporary Protected Status, Form I-821, without fee, together with an Application for Employment Authorization, Form I-765. A fee of $70.00 must accompany Form I-765, unless a properly documented fee waiver is submitted or the applicant does not wish to obtain employment authorization. All TPS applications and related applications for employment authorization must continue to be filed at local INS offices.

During EAD processing, key in the new TPS expiration date of "August 10, 1999" for Bosnia, and the new TPS expiration date of "August 27, 1999" for Montserrat. In order to generate these required expiration dates, the EAD employment start dates must not be earlier than "August 11, 1998" for Bosnia, and "August 28, 1998" for Montserrat. For software problems call the INS Help Desk at 202-514-1851.

For those aliens not requesting employment authorization, officers in local offices must issue a new Form I-94 or extend the prior TPS I-94 with the TPS extension expiration date indicated in an appropriate manner. You must key all I-765 data into the EAD system for all TPS applicants whether or not they request employment authorization. In I-94 cases, do not issue an I-688B card and destroy the camera-ready card if one is generated.

All new TPS applicants must be issued a properly completed Form M-340 for initial registration approvals or be issued a properly completed Form M-344 for initial registration denials or subsequent withdrawals.

Because of the Attorney General has ordered extensions of the original TPS designations, and not redesignations, all Bosnian registrants must have been "continuously physical present" and have had "continuous residence" in the United States since August 10, 1992. All Montserrian registrants must have been "continuously physically present" in the United States since August 28, 1997, and must have had "continuous residence" in the United States since August 22, 1997. Refer to 8 CFR 244.17 (formerly 240.17) for additional information on re-registration.

For applicants meeting the physical presence and residence requirements specified above, initial registration after the original one-year registration period is allowed in limited circumstances. The requirements for such "late initial registration" during a period of TPS extension are at 8 CFR 244.2(f)(2) [formerly 8 CFR 240.2(f)(2)].

Questions regarding the implementation of this TPS extension may be directed through appropriate supervisory channels to HQADN, attn: George Raftery, Adjudications Officer, 202-305-3199.