Extension of Designation of Liberian TPS Program
A. Extension of Designation; Re-registration
B. Reopening with Roll-Forward of Required Entry Date
Date: April 2, 1997
To: All RODIRS: ATTN ROADN, ROCOU
All DIDIRS: ATTN DIXAM, DIINV, DIDDP
All OICS: ALL CPAS; DIRS ODTF
From: Office of Programs
Summary
1. The Attorney General’s decision to extend designation is the first to also include a “reopening” or redesignation of a TPS program. The extension and reopening will be announced on 07 APRIL 97 in the Federal Register.
A. The Attorney General has determined that TPS for Liberia will be extended until 28 MARCH 98. Starting immediately, officers should grant Liberian TPS extension valid until 28 MARCH 98. In addition to the 30-day reregistration period specified by the Federal Register notice, late reregistration continues to be liberally excusable.
B. The Attorney General has also determined that TPS should be redesignated (or “reopened”) for Liberia for a period of one year from 29 MARCH 97 until 28 MARCH 98 under INA 244(B), formerly INA 244A(b). Applications may be submitted from the date of the Federal Register notice until 06 OCT 97.
Extension/Reregistration & Reopening/Initial Registration - - Coinciding Procedures with Limited Divergences
2. Application and Filing. All Liberian TPS applicants must file an application for Temporary Protected Status, Form I-821, 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 unless the applicant does not request employment authorization. All TPS applications and related applications for employment authorization continue to be filed at local INS offices at this time.
A. Reregistration applicants file Form I-821 without fee.
B. Initial applicants for TPS file Form I-821 with a fee of $50 unless a properly documented fee waiver is submitted. Each application must also include two completed fingerprint cards (Form FD-258), two identification photos, evidence of identity and nationality, and proof of residence. (The nature of this evidence and proof is specified by the form instructions and 8 CFR 244.9, formerly 8 CFR 240.9.) Forward one copy of the FD-258 to the FBI and place the other copy in the A- file. Otherwise eligible TPS applications should usually be adjudicated without waiting for a definitive response from the FBI.
3. EAD Generation. In EAD processing, key in the new TPS expiration date of “03/28/98” for Liberia. In order to reach this expiration date, it is necessary that the EAD employment start date for Liberia is not earlier than “03/29/97.” EADS standalone software release v4.7 must have been installed to allow adjudication and EAD card issuance for these TPS extensions. To obtain the proper software version or for other software problems call the INS Desk at 202-514-1851.
4. I-94 Issuance. For those aliens not requesting employment authorization, officers in local offices will issue a new Form I-94 or extend the prior TPS I-94 by indicating the TPS extension expiration date in an appropriate manner. Key all I-765 data into the EAD system for all TPS applicants including those who are issued or extended with an I-94. In I-94 cases, either do not create the camera-ready card or destroy the camera-ready card if the system requires one to be generated.
5. Temporary Treatment/C19 Benefit Issuance. The TPS statute requires issuance of Temporary Treatment for TPS benefits if the applicant establishes “prima facie eligibility” but an adjudication cannot be made promptly. In such cases, Temporary Treatment/C19 benefits should usually be granted for the duration of the announced TPS extension. However, adjudication of TPS eligibility should usually be completed before the TPS expiration date. If the TPS designation is extended, TPS eligibility should usually be adjudicated at the time or reregistration if not yet done. Extension of Temporary Treatment/C19 benefits with the C19 code should NOT be done except in extraordinary circumstances. TPS-approved aliens should be issued extension of EADs or I-94s in the TPS/A12 code regardless of whether they indicate “C19” in the Form I-765. The mistake use of the C19 code for extensions makes it impossible to establish through document and electronic checks whether TPS status has ever been approved.
6. Notices. All TPS applicants must be given notice by a properly completed Form M-340 for initial registration approvals and for grants of Temporary Treatment benefits. Applicants must be given notice by a properly completed Form M-344 for initial registration denials or subsequent withdrawals. Properly completed copies of Form M-339 for Liberia should be available from local offices. (The M-339, entitled “TPS Notice,” is a TPS country program information notice for distribution to potential applicants.) Specimens of the three “M” forms will follow.
Specific Procedures for Reopening/Initial Registration
7. Basic Eligibility. Nationals of Liberia (and stateless aliens who last habitually resided in Liberia) may be eligible for TPS if they have “continuously resided” in the United States since 01 JUNE 96. Grounds of inadmissibility and ineligibility apply as specified for TPS by 8 CFR 244.3 and 244.4 (formerly 8 CFR 240.3 and 240.4).
8. [Deleted from public version of memo.]
9. [Deleted from public version of memo.]
10. Significance of Separate Dates for Residence and Physical Presence Requirements. The first temporal requirement for initial TPS registration under the redesignation is arrival in the United States on or before 01 JUNE 96. The 07 APRIL 97 date only affects applicants for initial registration who have traveled outside the United States since 01 JUNE 96.
The 07 APRIL 97 date relates to differing standards for the acceptability of such foreign travel depending on whether the alien returned before or since that date. Applicants who have traveled outside the United States between 01 JUNE 96 and 07 APRIL 97 must have “continuously resided” since 01 JUNE 96. After 07 APRIL 97, any such trip outside the United States will require the applicant to meet the somewhat narrower definitions at 8 CFR 244.1, formerly 8 CFR 240.1.
11. Detainees. Nationals of Liberia (and stateless aliens who last habitually resided in Liberia) who appear to be eligible for TPS must be released. Each office shall immediately review the A-files of any Liberian aliens presently detained in their area of jurisdiction to determine apparent eligibility for TPS. Ineligibility based on criminal grounds can result under 8 CFR 244.3(c)(1) or 244..4(a) [formerly 8 CFR 240.3(c)(1) and 240.4(a)].
If it appears the alien is eligible for TPS, he or she will be released from service custody pursuant to the procedures #1 through #5 set forth in the wire of 03 SEPT 92 on TPS for Bosnia. See amended extract attached.
12. Encountered Aliens. An “encounter” is a normal enforcement interaction with an alien that takes place other than in an INS district office or suboffice. Procedures #1 through #10 in attached pages 7 and 8 of IMMACT #22 (for file creation and alien processing) shall be used for encountered nationals of Liberia (and stateless aliens who last habitually resided in Liberia) who appear to be eligible for TPS. See amended IMMACT #22 extract attached.
13. Late Initial Registration. If there is a future extension of Liberian TPS after 28 MARCH 98, U.S. arrival by 01 JUNE 96 will remain an absolute requirement for TPS eligibility. However, late initial registration may be allowed in some circumstances. The requirements for late initial registration during a period of TPS extension are set by the recently added 8 CFR 244.2(f)((2), formerly 8 CFR 240.2(f)(2). Consequently, Liberians who would qualify for late initial registration may make a well-informed decision to delay initial TPS registration until after the 180-day initial registration period. Potential applicants who inquire should be advised that a pending asylum application is not a basis for late initial TPS registration but is not a bar to TPS eligibility during the regular registration period.
Closing
14. The office of Field Operations has concurred with this wire. All operational regional program units should familiarize themselves with this memo and related procedures in order to be responsive to any inquiry from the field. Questions regarding the implementation of this TPS extension may be directed through appropriate supervisory channels to HQBEN, attn: Ron Chirlin, Adjudications Officer, 202/514-5014.
Paul Virtue
Acting Executive Associate
Commissioner, Programs