[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Notices]
[Pages 12181-12182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6055]
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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
[[Page 12182]]
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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