[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Notices]
[Pages 59735-59736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29079]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 4410-10-M
