[Federal Register Volume 64, Number 2 (Tuesday, January 5, 1999)]
[Notices]
[Pages 526-528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34848]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1965-98; AG Order No. 2202-98]
RIN 1115-AE26
Designation of Nicaragua Under Temporary Protected Status
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice designates Nicaragua 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 finding that such states are experiencing
ongoing armed conflict, environmental disaster, or other extraordinary
and temporary conditions.
EFFECTIVE DATES: This designation is effective on January 5, 1999 and
will remain in effect until July 5, 2000.
FOR FURTHER INFORMATION CONTACT: Michael 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:
What Is Temporary Protected Status?
The TPS statute (section 244 of the Immigration and Nationality
Act) grants eligible nationals of designated countries temporary
immigration status. TPS beneficiaries are granted a stay of removal and
work authorization for the designated TPS period and for any extensions
of the designation. TPS does not lead to permanent resident status.
Why Is Nicaragua Being Designated for the TPS Program?
Hurricane Mitch swept through Central America causing severe
flooding and associated damage in Nicaragua. Based on a thorough review
by the Departments of State and Justice, the Attorney General finds
that, due to the environmental disaster and substantial disruption of
living conditions caused by Hurricane Mitch, Nicaragua is unable,
temporarily, to handle adequately the return of Nicaraguan nationals.
Who Is Eligible for Nicaraguan TPS?
Nationals of Nicaragua (or aliens having no nationality who last
habitually resided in Nicaragua) who have been ``continuously
physically present'' since January 5, 1999 and have ``continuously
resided'' in the United States since December 30, 1998, may apply for
TPS within the registration period which begins on January 5, 1999 and
ends on July 5, 1999.
Any national of Nicaragua who has already applied for, or plans to
apply for, asylum, but 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
Nicaragua 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:
(1) that the applicant must have been in valid immigrant or
nonimmigrant status during the initial registration period, or
(2) had an application for relief from removal or change of status
pending or under review during the initial registration period, and
(3) must register no later than sixty (60) days from the expiration
of such status or pendency of such application.
How Do I register for TPS?
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If Then
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You are a national of Nicaragua (or an You must complete and file: (1)
alien having no nationality who last Form I-821, Application for
habitually resided in Nicaragua) Temporary Protected Status
registering for TPS and employment ($50 filing fee), (2) Form I-
authorization. 765, Application for
Employment Authorization ($100
filing fee), and (3) $25
Fingerprint Fee
You already have employment You must complete and file: (1)
authorization or do not require Form I-821 with $50 filing
employment authorization. fee, (2) Form I-765,
Application for Employment
with no filing fee, and (3)
$25 Fingerprint Fee
[[Page 527]]
You are registering for TPS and You must complete and file: (1)
employment authorization and are Appropriately documented fee
requesting a fee waiver. waiver request and requisite
affidavit (and any other
information) in accordance
with 8 CFR 244.20, (2) Form I-
821, and (3) Form I-765. (4)
$25 Fingerprint Fee. There is
no fee waiver for the
Fingerprint Fee.
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To register for TPS for all conditions described in the above
chart, you must include two identification photographs (1\1/2\'' x 1\1/
2\'') and supporting evidence as provided in 8 CFR 244.9 (evidence of
identity and nationality, and proof of residence).
Where Should I Register for TPS?
Nationals of Nicaragua (or eligible aliens who have no nationality
and who last habitually resided in Nicaragua) must register for TPS by
submitting an application to the INS Service Center that has
jurisdiction over where the applicant lives.
If you live in Connecticut, Delaware, the District of Columbia,
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, West
Virginia, or in the U.S. Virgin Islands, mail your application to:
Vermont Service Center, ATTN: TPS, 75 Lower Welden Street, St. Albans,
VT 05479.
If you live in Arizona, California, Guam, Hawaii or Nevada, mail
your application to:
California Service Center, ATTN: TPS, 24000 Avila Road, 2nd Floor,
Laguna Niguel, CA 92677-8111.
If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South
Carolina, Tennessee, or Texas, mail your application to:
Texas Service Center, P.O. Box 850997, Mesquite, TX 75185-0997.
If you live elsewhere in the United States, please mail your
application to:
Nebraska Service Center, P.O. Box 87821, Lincoln, NE 68501-7821.
As a Nicaraguan National, Can I File an Application for Adjustment
of Status to That of Lawful Permanent Resident Under the Nicaraguan
Adjustment and Central American Relief Act (NACARA), and Also File
an Application for TPS?
Yes. Nicaraguans can apply for either TPS or adjustment under
section 202 of NACARA, or both. The filing of an application for TPS or
a grant of TPS status will not have any adverse effect on applications
for relief under NACARA.
What Is the Difference Between These Two Programs?
Temporary Protected Status is, as its name implies, temporary
protection from removal during the designation period(s). It is not a
permanent entitlement to remain in the country or permanent relief from
removal. Under section 244(b)(1) of the Act, the publication of this
notice permits nationals of Nicaragua (or aliens having no nationality
who last habitually resided in Nicaragua) who have been ``continuously
physically present'' since January 5, 1999 and have ``continuously''
resided in the United States since December 30, 1998 to apply for TPS
within the registration period which begins on January 5, 1999 and ends
on July 5, 1999. A national of Nicaragua granted TPS can lawfully
remain in the United States during the designated period and is
entitled to employment authorization.
In contrast to TPS, section 202 of NACARA provides an avenue for
certain Nicaraguans and their Nicaraguan and Cuban national dependents
to apply for permanent relief from removal. The interim rule governing
applications for adjustment to permanent resident status under section
202 of NACARA was published in the Federal Register on May 21, 1998, at
63 FR 27823. A Nicaraguan is eligible to adjust his or her status to
that of lawful permanent resident if:
(1) it can be established that he or she has been continuously
physically present in the United States since December 1, 1995 (not
counting absences totaling 180 days or less);
(2) he or she is not inadmissible to the United States under all
provisions of section 212(a) of the Act not excepted by section
202(a)(1)(B) of NACARA; and
(3) he or she applies for such adjustment prior to April 1, 2002.
If an adjustment application under section 202 of NACARA is
approved, the applicant will receive lawful permanent resident (LPR)
status. A person who is an LPR may apply to become a United States
citizen after the requisite time.
Nicaraguans who are interested in either or both programs are urged
to review the specific eligibility and filing requirements for those
programs before applying.
Notice of Designation of Nicaragua 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 an environmental disaster in Nicaragua, and, due
to this disaster, which has substantially disrupted living conditions,
Nicaragua is unable, temporarily, to handle adequately the return of
Nicaraguan nationals (or aliens having no nationality who last
habitually resided in Nicaragua);
(2) Nicaragua officially has requested that it be granted a TPS
designation; and
(3) Permitting nationals of Nicaragua (or aliens having no
nationality who last habitually resided in Nicaragua) 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) Nicaragua is designated for TPS under section 244(b)(1)(B) of
the Act. Nationals of Nicaragua (or aliens having no nationality who
last habitually resided in Nicaragua) who have been ``continuously
physically present'' since January 5, 1999 and have ``continuously
resided'' in the United States since December 30, 1998, may apply for
TPS within the registration period which begins on January 5, 1999 and
ends on July 5, 1999.
(2) I estimate that there are no more than 45,000 to 70,000
nationals of Nicaragua (or aliens having no nationality who last
habitually resided in Nicaragua) in the United States who are eligible
for TPS.
(3) Except as may otherwise be provided, applications for TPS by
nationals of Nicaragua (or aliens having no nationality who last
habitually resided in Nicaragua) 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 January 5, 1999 and
will remain in effect until July 5, 1999.
(4) A fee prescribed in 8 CFR 103.7(b)(1) (fifty dollars ($50))
will be
[[Page 528]]
charged for each Application for Temporary Protected Status, Form I-
821, filed during the registration period.
(5) A 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 already has employment authorization or 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) A fee prescribed in 8 CFR 107.7(b)(1) (twenty-five dollars
($25)) for fingerprinting must be submitted with the Form I-821.
(7) Pursuant to section 244(b)(3)(A) of the Act, the Attorney
General will review, at least 60 days before July 5, 2000, the
conditions in Nicaragua to determine whether the conditions for
designation of Nicaragua 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).
Where Can I Obtain Information About the TPS program?
Information concerning the TPS program for nationals of Nicaragua
(or aliens having no nationality who last habitually resided in
Nicaragua) will be available at the Service Internet Website, located
at www.ins.usdoj.gov, the Application Support Center Information Line,
at 1-888-557-5398, and at local Immigration and Naturalization Service
offices upon publication of this notice.
Dated: December 31, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-34848 Filed 12-31-98; 3:02 pm]
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