INS Notice on the Designation of Guinea-Bissau Under TPS
[Notices]
[Page 12181-12182]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr99-75]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1960-98; AG Order No. 2211-99]
RIN 1115-AE26
Designation of Guinea-Bissau Under Temporary Protected Status
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice designates Guinea-Bissau for the Temporary Protected Status (TPS) program under section 244(b)(1) of the Immigration and Nationality Act, as amended (the Act). The Attorney General is authorized to grant TPS in the United States to eligible nationals of designated foreign states or parts of such states (or to eligible aliens who have no nationality and who last habitually resided in such designated states) upon a finding that such states are experiencing ongoing civil strife, environmental disaster, or other extraordinary and temporary conditions.
EFFECTIVE DATES: This designation is effective on March 11, 1999 and will remain in effect until March 10, 2000.
FOR FURTHER INFORMATION CONTACT: Michale Valverde, Residence and Status Branch, Adjudications, Immigration and Naturalization Service, 425 I Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-3228.
SUPPLEMENTARY INFORMATION:
Background
Who is Eligible for TPS?
Based on a thorough review by the Departments of State and Justice, the Attorney General finds that there is ongoing civil strife in Guinea-Bissau which constitutes extraordinary and temporary conditions that prevent aliens who are nationals from returning to Guinea-Bissau is safety. The Attorney General further finds that permitting such aliens to remain temporarily in the United States is not contrary to the national interest of the United States.
Nationals of Guinea-Bissau (or aliens having no nationality who last habitually resided in Guinea-Bissau) who have been continuously physically present and have continuously resided in the United States since March 11, 1999 may apply for the TPS within the registration period which begins on March 11, 1999 and ends on March 10, 2000.
Any national of Guinea-Bissau who has already applied for, or plans to apply for, asylum by whose asylum application has not yet been approved may also apply for TPS. An application for TPS does not preclude or adversely affect an application for asylum or any other immigration benefit. Denial of an application for asylum or any other immigration benefit does not affect an alien's ability to register for TPS, although the grounds of denial may also lead to denial of TPS. For example, an alien who has been convicted of an aggravated felony is not eligible for asylum or TPS.
An alien who is granted TPS is eligible to register for any extension of the TPS program that may be made. However, nationals of Guinea-Bissau who do not file a TPS application during the initial registration period will have to satisfy the requirements for late initial registration under 8 CFR 244.2(f)(2) in order to be eligible for TPS registration during any extension of designation. The requirements for late initial registration specify that the applicant must have been in valid status during the initial registration period and must register no later than thirty (30) days from the expiration of such status.
How do I Register for TPS?
Nationals of Guinea-Bissau may register for TPS by filing an Application
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for Temporary Protected Status, Form I-821, with a fifty dollar ($50) 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 TPS applicants who already have employment authorization, including some asylum applicants, and those who have no need for employment authorization, such as minor children, need pay only the I- 821 fee although they must complete and file the I-765. In all other cases, the appropriate filing fee, one hundred dollars ($100), must accompany Form I-765, unless a properly documented fee waiver request under 8 CFR 244.20 is submitted to the Immigration and Naturalization Service or the applicant does not wish to obtain employment authorization.
Notice of Designation of Guinea-Bissau 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) There exists ongoing civil strife in Guinea-Bissau which constitutes extraordinary and temporary conditions that prevent aliens who are nationals (as well as aliens having no nationality who last habitually resided in Guinea-Bissau) from returning to Guinea-Bissau in safety; and
(2) Permitting nationals of Guinea-Bissau (or aliens having no nationality who last habitually resided in Guinea-Bissau) 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) Guinea-Bissau is designated for TPS under section 244(b)(1)(C) of the Act. Nationals of Guinea-Bissau (or aliens having no nationality who last habitually resided in Guinea-Bissau) who have been continuously physically present and have continuously resided in the United States since March 11, 1999 may apply for TPS within the registration period, which begins on March 11, 1999 and ends on March 10, 2000.
(2) I estimate that there are no more than 300 nationals of Guinea- Bissau (or aliens having no nationality who last habitually resided in Guinea-Bissau) in the United States who are eligible for TPS.
(3) Except as may otherwise be provided, applications for TPS by nationals of Guinea-Bissau (or aliens having no nationality who last habitually resided in Guinea-Bissau) 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 March 11, 1999 and will remain in effect until March 10, 2000.
(4) A fee prescribed in 8 CFR 103.7(b)(1) (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) (one hundred dollars ($100)) will be charged for each Application for Employment Authorization, Form I-765, filed by an alien requesting employment authorization. An alien who does not wish to request employment authorization must nevertheless file Form I-765, together with Form I- 821, for data gathering purposes. In such cases, however, no fee needs to be submitted with Form I-765.
(6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney General will review, at least 60 days before March 10, 2000, the conditions in Guinea-Bissau to determine whether the conditions for designation of Guinea-Bissau under the TPS program 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 be allowed only pursuant to the requirements of 8 CFR 244.2(f)(2).
(7) Information concerning the TPS program for nationals of Guinea- Bissau (or aliens having no nationality who last habitually resided in Guinea-Bissau) will be available at local Immigration and Naturalization Service offices upon publication of this notice.
Dated: March 5, 1999.Janet Reno,
Attorney General.
[FR Doc. 99-6055 Filed 3-10-99; 8:45 am]
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