INS Notice of TPS Designation for Montserrat
[Corrections]
[Page 47532]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se97-142]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1878-97; AG Order No. 2112-97]
RIN 1115-AE26
Designation of Montserrat; Under Temporary Protected Status
Correction
In notice document 97-23118, beginning on page 45685, in the issue of Thursday, August 28, 1997, make the following correction:
On page 25686, in the second column, in the 22nd line from the bottom, ``August 28, 1977'' should read ``August 28, 1997''.
BILLING CODE 1505-01-D
[Federal Register: August 28, 1997 (Volume 62, Number 167)][Notices]
[Page 45685-45686]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au97-112]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS. No. 1878-97; AG Order No. 2112-97]
RIN 1115-AE26
Designation of Montserrat Under Temporary Protected Status
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: Under section 244 of the Immigration and Nationality Act (the Act), the Attorney General is authorized to grant Temporary Protected Status (TPS) in the United States to eligible nationals of designated foreign states (or to eligible aliens who have no nationality and who last habitually resided in a designated state) upon a finding that such states are experiencing ongoing civil strife, environmental disaster, or certain other extraordinary and temporary conditions. This notice designates Montserrat for TPS pursuant to section 244(b)(1) of the Act.
EFFECTIVE DATES: This designation is effective on August 28, 1997 and will remain in effect until August 27, 1998.
FOR FURTHER INFORMATION CONTACT: Ronald Chirlin, Adjudications Officer, Immigration and Naturalization Service, 425 I Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION: Subsection 308(b)(7) of Pub. L. 104-208 (September 30, 1996) renumbered section 244A of the Act as section 244.
[[Page 45686]]
Under this section, the Attorney General is authorized to grant TPS to eligible aliens who are nationals of a foreign state designated by the Attorney General (or who have no nationality and last habitually resided in that state). The Attorney General may designate a state upon finding that the state is experiencing ongoing armed conflict, environmental disaster, or certain other extraordinary and temporary conditions that prevent nationals or residents of the country from returning in safety.
Montserratians desiring safe haven in the United States should apply for Temporary Protected Status during the initial registration period being announced now, unless they would be eligible for late initial registration under 8 CFR 244.2(f)(2) and they choose to wait. This recommendation applies to any Montserratian who has already applied for, or plans to apply for, asylum but whose asylum application has not yet been adjudicated.
An application for Temporary Protected Status does not preclude or adversely affect an application for asylum or any other immigration benefit. Regardless of the denial of an application for asylum or another immigration benefit, Montserratians who apply for TPS during the initial registration period would remain eligible to re-register if the designation of TPS is extended. However, without a TPS application during the initial registration period, only those Montserratians who satisfy the requirements for late initial registration under 8 CFR 244.2(f)(2) would be eligible for TPS registration during an extension of designation.
Montserratians who already have employment authorization, including some asylum applicants, and Montserratians who have no need for employment authorization, including minor children, may register for TPS by filing an Application for Temporary Protected Status, Form I- 821, which requires a filing fee. The Application for Temporary Protected Status, Form I-821, must always be accompanied by an Application for Employment Authorization, Form I-765, which is required for data-gathering purposes. The appropriate filing fee must accompany Form I-765, unless a properly documented fee waiver request is submitted under 8 CFR 244.20 to the Immigration and Naturalization Service or the applicant does not wish to obtain employment authorization.
Notice of Designation of Montserrat Under Temporary Protected Status Program
By the authority vested in me as Attorney General under section 244 of the Immigration and Nationality Act, as amended, (8 U.S.C. 1254a), I find, after consultation with the appropriate agencies of the Government, that:
(1) Since July 1995, Montserrat (with a total land area of only 100 square kilometers) has been endangered by an active volcano, which has affected the entire island and its residents. The volcano's eruptions have forced the evacuation of more than half the island, closed the airport, stopped most seaport activities, and destroyed three-fourths of the infrastructure of the island;
(2) There has been an environmental disaster in Montserrat resulting in a substantial, but temporary, disruption of living conditions on Montserrat;
(3) The government of Montserrat officially has requested designation of Montserrat for TPS;
(4) There exist extraordinary and temporary conditions in Montserrat that prevent aliens who are nationals of Montserrat (and aliens having no nationality who last habitually resided in Montserrat) from returning to Montserrat in safety; and
(5) Permitting nationals of Montserrat (and aliens having no nationality who last habitually resided in Montserrat) to remain temporarily in the United States is not contrary to the national interest of the United States. Accordingly, it is ordered as follows:
(1) Montserrat is designated under sections 244(b)(1)(B) and (C) of the Act. Nationals of Montserrat (and aliens having no nationality who last habitually resided in Montserrat) who have been ``continuously physically present'' since August 28, 1977 and have ``continuously resided in the United States'' since August 22, 1997, may apply for Temporary Protected Status within the registration period which begins on August 28, 1997 and ends on August 27, 1998.
(2) I estimate that there are approximately 1,000 nationals of Montserrat (and aliens having no nationality who last habitually resided in Montserrat) who are currently in nonimmigrant or unlawful status and who are eligible for Temporary Protected Status.
(3) Except as specifically provided in this notice, applications for TPS by nationals of Montserrat (and aliens having no nationality who last habitually resided in Montserrat) must be filed pursuant to the provisions of 8 CFR part 244. Aliens who wish to apply for TPS must file an Application for Temporary Protected Status, Form I-821, together with an Application for Employment Authorization, Form I-765, during the registration period, which begins on August 28, 1997 and will remain in effect until August 27, 1998.
(4) A fee of fifty dollars ($50) will be charged for each Application for Temporary Protected Status, Form I-821, filed during the registration period.
(5) The fee prescribed in 8 CFR 103.7(b)(1), which is currently seventy dollars ($70), will be charged for each Application for Employment Authorization, Form I-765, filed by an alien requesting employment authorization. An alien who does not request employment authorization must nevertheless file Form I-765, together with Form I- 821, for informational purposes, but in such cases Form I-765 will be without fee.
(6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney General will review, at least 60 days before August 27, 1998, the designation of Montserrat under the TPS program to determine whether the conditions for designation continue to exist. Notice of that determination, including the basis for the determination, will be published in the Federal Register. If there is an extension of designation, late initial registration for TPS shall only be allowed pursuant to the requirements of 8 CFR 244.2(f)(2).
(7) Information concerning the TPS program for nationals of Montserrat (and aliens having no nationality who last habitually resided in Montserrat) will be available at local Immigration and Naturalization Service offices upon publication of this notice.
Dated: August 26, 1997.Janet Reno,
Attorney General.
[FR Doc. 97-23118 Filed 8-27-97; 8:45 am]
BILLING CODE 4410-10-M