INS Notice of TPS Designation for Burundi
[Notices]
[Page 59735-59736]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no97-86]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1775-96; AG Order No. 2124-97]
RIN 1115-AE26
Designation of Burundi 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, as amended, (the Act), the Attorney General is authorized to grant Temporary Protected Status (TPS) in the United States to eligible nationals of designated foreign states (and 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 Burundi for TPS pursuant to section 244(b)(1) of the Act.
EFFECTIVE DATES: This designation is effective on November 4, 1997 and will remain in effect until November 3, 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: Burundians 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) (formerly Sec. 240.2(f)(2)) and they choose to wait. This recommendation applies to any Burundian who has already applied for, or plans to apply for, asylum but whose asylum application has not yet been approved.
An application for Temporary Protected Status does not preclude or adversely affect an application for asylum or any other immigration benefit. Burundians who apply for TPS during the initial registration period will remain eligible to re-register if the designation of TPS is extended, even if an application for asylum or another immigration benefit is denied. However, without a TPS application during the initial registration period, only those Burundians who satisfy the requirements for late initial registration under 8 CFR 244.2(f)(2) (formerly Sec. 240.2(f)(2)) would be eligible for TPS registration during any extension of designation.
Burundians who already have employment authorization, including some asylum applicants, and Burundians 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 (formerly Sec. 240.20) to the Immigration and Naturalization Service or the applicant does not request employment authorization.
Notice of Designation of Burundi 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.A. 1254 (West Supp. 1997)), I find, after consultation with the appropriate agencies of the Government, that:
(1) There exists an ongoing armed conflict in Burundi and a return of aliens who are nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) would pose a serious threat to their personal safety as a result of the armed conflict in that nation;
There exist extraordinary and temporary conditions in Burundi that prevent aliens who are nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) from returning to Burundi in safety; and
[[Page 59736]]
(3) Permitting nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) 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) Burundi is designated under sections 244(b)(1)(A) and (C) of the Act. Nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) who have been ``continuously physically present'' and have ``continuously resided in the United States'' since November 4, 1997 may apply for Temporary Protected Status within the registration period which begins on November 4, 1997 and ends on November 3, 1998.
(2) I estimate that there are no more than 500 nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) who are currently in nonimmigrant or unlawful status and therefore eligible for Temporary Protected Status.
(3) Except as specificially provided in this notice, applications for TPS by nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) 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 November 4, 1997 and will remain in effect until November 3, 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 November 3, 1998, the designation of Burundi 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 Burundi (and aliens having no nationality who last habitually resided in Burundi) will be available at local Immigration and Naturalization Service offices upon publication of this notice.
Dated: October 28, 1997.Janet Reno,
Attorney General.
[FR Doc. 97-29079 Filed 11-3-97; 8:45 am]
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