[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Notices]
[Pages 61125-61128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29247]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2024-99; AG Order No. 2273-99]
RIN 1115-AE26
Extension and Redesignation of Sierra Leone Under the Temporary
Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: On November 4, 1997, the Attorney General designated Sierra
Leone under the Temporary Protected Status (TPS) program for a period
of twelve months. This initial designation allowed eligible nationals
of Sierra Leone (and aliens having no nationality who last habitually
resided in Sierra Leone) who had continuously resided in the United
States since that date to apply for TPS. This initial designation,
which expired November 3, 1998, was extended last year. This notice
extends the TPS designation for Sierra Leone for another twelve-month
period (until November 2, 2000), and sets forth the procedures
necessary for nationals of Sierra Leone (and aliens having no
nationality who last habitually resided in Sierra Leone) with TPS to
re-register for TPS program. This notice also redesignates Sierra Leone
under the TPS program, thereby expanding TPS edibility to include
nationals of Sierra Leone (and aliens having no nationality who last
habitually resided in Sierra Leone) who have been ``continuously
present in the United States'' and who have ``continuously resided in
the United States'' since November 9, 1999.
EFFECTIVE DATE:
Extension of Designation and Re-Registration
The TPS extension is effective on November 3, 1999, and lasts until
November 2, 2000. Nationals of Sierra Leone (and aliens having no
nationality who last habitually resided in Sierra Leone) who currently
have TPS must re-register for TPS during the period lasting from
November 9, 1999, until December 9, 1999.
Redesignation
The redesignation of Sierra Leone for TPS is effective from
November 9, 1999,
[[Page 61126]]
until November 2, 2000. The TPS registration period for nationals of
Sierra Leone (and aliens who last habitually resided in Sierra Leone)
who do not currently have TPS begins November 9, 1999, and will remain
in effect until November 2, 2000.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Program Analyst,
Immigration and Naturalization Service, Room 3040, 425 I Street, NW.,
Washington, DC 20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Is the Statutory Authority for the Attorney General To Extend
Sierra Leone's TPS Designation Under the TPS Program?
Section 244(b)(3)(A) of the Immigration and Nationality Act (the
Act) states that at least 60 days before the end of a designation, the
Attorney General must review conditions in the foreign state for which
the designation is in effect. 8 U.S.C. 1254a(b)(3)(A). Under Section
244(b)(3)(C), the Attorney General may extend the initial TPS period
based on a determination that the foreign state continues to meet the
conditions for designation. 8 U.S.C. 1254(b)(3)(C). Through such an
extension, however, TPS continues to be available only to aliens who
have been continuously physically present and who have continuously
resided in the United States from the effective date of the initial
designation, in this case since November 4, 1997.
What Is the Statutory Authority for the Attorney General To
Redesignate Sierra Leone Under the TPS Program?
Section 244(b)(1) of the Act implicitly permits the Attorney
General to redesignate a foreign state (or any part of such foreign
state) under the TPS program such that non-covered aliens residing in
the United States could receive TPS benefits, instead of simply
extending a foreign state's TPS designation and thereby extending
benefits to previously eligible aliens. 8 U.S.C. 1254(b)(1). An alien
is eligible for TPS if he or she is otherwise admissible, and ``has
been continuously physically present since and has continually resided
in the United States since the effective date of the most recent
designation of that state.'' 8 U.S.C. 1254(c)(1)(A)(i).
Why Did the Attorney General Decide To Both Extend and Redesignate
Sierra Leone Under the TPS Program?
On November 4, 1997, the Attorney General designated Sierra Leone
under the TPS program. Since that date, the Attorney General and the
Department of State have continuously examined conditions in Sierra
Leone. A recent Department of State report on conditions in that
country found that, ``[a]lthough the Lome Accord was signed in early
July [1999], Sierra Leone cannot yet be considered at peace. The
implementation of the Accord is not going according to plan.'' The
memorandum further states that ``[r]ebel forces continue to control
much of the interior. According to the [United Nations], nearly one-
third (1.5 million) of the country's 4.6 million people have been
displaced from their homes, including 500,000 refugees now in
neighboring countries.'' Based on these and other findings, the
Attorney General has determined that conditions in Sierra Leone warrant
the extension and redesignation of Sierra Leone under the TPS program.
This order will extend the availability of TPS to eligible nationals of
Sierra Leone (and aliens having no nationality who last habitually
resided in Sierra Leone) who arrived in the United States after the
date of initial designation.
If I Currently Have TPS Through the Sierra Leone TPS Program, Do I
Still Need To Re-Register for TPS?
Yes. If you were granted TPS based on the initial designation of
Sierra Leone, your protected status will expire on November 3, 1999.
Accordingly, you must reregister for TPS in order to maintain your
status through November 2, 2000. With re-registration, you do not need
to pay the fifty-dollar ($50) filing fee for the Form I-821,
Application for Temporary Protected Status. If you do not have TPS or
have TPS but miss the re-registration period, you can still apply for
TPS under the redesignation, if you have been continuously physically
present and have continuously resided in the United States since
November 9, 1999. See the registration instructions below for complete
filing instructions.
If I Currently Have TPS, How Do I Register for an Extension?
All applicants previously granted TPS under the Sierra Leone
program may apply for an extension by filing a Form I-821 (without the
fee) during the re-registration period that begins November 9, 1999 and
ends December 9, 1999. Additionally, you must file a Form I-765,
Application for Employment Authorization. See Chart 1 below to
determine whether or not you must submit the one-hundred dollar ($100)
filing fee with the Form I-765.
Chart 1
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If Then
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You are applying for employment You must complete and file the
authorization through November 2, 2000. Form I-765, Application for
Employment Authorization, with
the one-hundred dollar ($100)
fee.
You already have employment You must complete and file the
authorization or do not request Form I-765, Application for
employment authorization. Employment Authorization,
without a fee.
You are applying for employment You must complete and file Form
authorization and are requesting a fee I-765, an appropriately
waiver. documented fee waiver request,
and the requisite affidavit
(and any other information),
in accordance with 8 CFR
244.20.
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To re-register for TPS, you also must include two identification
photographs (1\1/2\'' x 1\1/2\''.
If I Do Not Currently Have TPS, How Do I Register?
All applicants filing for TPS under the Sierra Leone redesignation
who have not previously been granted TPS must apply by filing Form I-
821 and the fifty-dollar ($50) fee. Additionally, you must submit Form
I-765 and a twenty-five dollar ($25) fingerprinting fee. See Chart 2
below to determine if you must also submit the one-hundred dollar
($100) filing fee for Form I-765 and to obtain information on
requesting a fee waiver.
[[Page 61127]]
Chart 2
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If Then
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You already have employment You must complete and file the
authorization or do not request Form I-765, Application for
employment authorization. Employment Authorization,
without a fee.
You are requesting a fee waiver for the You must complete and file Form
$50 fee of the Form I-821, $100 fee I-821, Form I-765, and an
for the Form I-765, and $25 appropriately documented fee
fingerprinting fee. waiver request and the
affidavit (and any other
information), in accordance
with 8 CFR 244.20.
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To register for TPS, you also 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, nationality, and proof of
residence).
When Must I Re-Register for TPS Under the Extension?
For nationals of Sierra Leone (and aliens having no nationality who
last habitually resided in Sierra Leone) who currently have TPS, the
re-registered period begins November 9, 1999 and lasts until December
9, 1999. If you have TPS from the original designation but do not file
during the re-registration period, you can still file a new application
for TPS under the redesignation. If you are filing a new application,
you will need to follow the instructions for applying under the
redesignation.
When Must I Register for TPS Under the Redesignation?
The registration period for nationals of Sierra Leone applying for
TPS under the redesignation begins November 9, 1999, and will remain in
effect until November 2, 2000.
Where Must I File My Application for TPS Under This Extension and
Redesignation?
Applicants seeking to register for TPS or to extend their TPS must
submit an application and accompanying materials to the Immigration and
Naturalization Service (INS) district office that has jurisdiction over
the applicant's place of residence.
What Are the Requirements for Nationals of Sierra Leone To
Demonstrate That They Have Been ``Continuously Physically Present''
and Have ``Continuously Resided'' in the United States?
All new applicants for TPS under the Sierra Leone redesignation
will have to demonstrate ``continuous physical presence'' and
``continuous residence'' in the United States since November 9, 1999.
``Continuously physically present'' means actual physical presence in
the United States for the entire period specified. An alien, however,
shall not be considered to have failed to maintain continuous physical
presence in the United States by virtue of a brief, casual, and
innocent absence. ``Continuously resided'' means residing in the United
States for the entire period specified. An alien will not be considered
to have failed to maintain continuous residence in the United States by
reason of a brief, casual, and innocent absence.
Notice of Extension of Designation and Redesignation of Sierra
Leone Under the TPS Program
By the authority vested in me as Attorney General under section 244
of the Act, and as required by sections 244(b)(3)(A) and (C), and
244(b)(1) of the Act, I have consulted with the appropriate government
agencies concerning the redesignation of Sierra Leone under the TPS
program and the extension of that country's current designation. From
these consultations, I find the following:
(1) There exists an ongoing armed conflict in Sierra Leone and a
return of aliens who are nationals of Sierra Leone (and aliens having
no rationality who last habitually resided in Sierra Leone) would pose
a serious threat to their personal safety as a result of the armed
conflict in that nation;
(2) There exist extraordinary and temporary conditions in Sierra
Leone that prevent aliens who are nationals of Sierra Leone (and aliens
having no nationality who last habitually resided in Sierra Leone) from
returning to Sierra Leone in safety; and
(3) Permitting nationals of Sierra Leone (and aliens having no
nationality who last habitually resided in Sierra Leone) to remain
temporarily in the United States is not contrary to the national
interest of the United States. 8 U.S.C. 1254a (b)(1)(A) and (C).
Accordingly, I order as follows:
(1) The designation of Sierra Leone is extended under section
244(b)(3)(A) and (C) of the Act for the 12-month period spanning from
November 3, 1999, to November 2, 2000. 8 U.S.C. 1254(b)(3) (A) and (C).
Nationals of Sierra Leone (and aliens having no nationality who last
habitually resided in Sierra Leone) who received TPS during the initial
designation period may apply for an extension of the TPS during the
registration period lasting from November 9, 1999 until December 9,
1999.
(2) Sierra Leone is redesignated under section 244(b)(1) of the Act
for TPS for a twelve-month period, until November 2, 2000. 8 U.S.C.
1254a(b)(1). Nationals of Sierra Leone (and aliens having no
nationality who last habitually resided in Sierra Leone) who have been
``continuously physically present'' and have ``continuously resided''
in the United States since November 9, 1999, may apply for TPS within
the registration period, which begins November 9, 1999, and ends
November 2, 2000.
(3) I estimate that there are no more than 3,000 nationals of
Sierra Leone who have been granted TPS and who are eligible for re-
registration and no more than 2,000 nationals of Sierra Leone who do
not have TPS and are eligible for TPS under this redesignation.
(4) In order to maintain TPS, a national of Sierra Leone (or an
alien having no nationality who last habitually resided in Sierra
Leone) who currently has TPS must re-register by filing Form I-821,
together with Form I-765, within the period beginning November 9, 1999
and ending on December 9, 1999. Late re-registration applications will
be allowed pursuant to 8 CFR 244.17(c). There is no fee for a Form I-
821 filed as part of the re-registration application. A Form I-765 must
be filed with the Form I-821. If the applicant requests employment
authorization, he or she must submit one-hundred dollars ($100) or a
properly documented fee waiver request, pursuant to 8 CFR 244.20, with
the Form I-765. An applicant who does not request employment
authorization must nonetheless file Form I-765 along with Form I-821,
but is not required to submit the fee.
(5) A national of Sierra Leone (or an alien having no nationality
who last habitually resided in Sierra Leone) filing for TPS under the
redesignation must file Form I-821, together with Form I-765, within
the period beginning November 9, 1999, and ending on
[[Page 61128]]
November 2, 2000. A fifty-dollar ($50) fee must accompany Form I-821. A
twenty-five dollar ($25) fingerprinting fee must also be submitted. If
the applicant requests employment authorization, he or she must submit
one hundred dollars ($100) or a properly documented fee waiver request,
pursuant to 8 CFR 244.20, with the Form I-765. An applicant who does
not request employment authorization must nonetheless file Form I-765
along with Form I-821, but is not required to submit the fee. The
applicant can also request a fee waiver for the twenty-five dollar
($25) fee.
(6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney
General will review, at least 60 days before November 2, 2000, the
designation of Sierra Leone under the TPS program to determine whether
the conditions for designation continue to be met. 8 U.S.C.
1254a(b)(3)(A). Notice of that determination will be published in the
Federal Register. If there is an extension of designation, late initial
registration for TPS will be allowed only pursuant to the requirements
of 8 CFR 244.2(f)(2).
(7) Information concerning the redesignation of Sierra Leone under
the TPS program will be available at local INS offices upon publication
of this notice.
Dated: November 2, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-29247 Filed 11-8-99; 8:45 am]
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