[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Notices]
[Pages 45685-45686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23118]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS. No. 1878-97; AG Order No. 2112-97]
RIN 1115-AE26
Designation of Montserrat Under Temporary Protected Status
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: Under section 244 of the Immigration and Nationality Act (the
Act), the Attorney General is authorized to grant Temporary Protected
Status (TPS) in the United States to eligible nationals of designated
foreign states (or 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 Montserrat for TPS pursuant to section 244(b)(1) of the Act.
EFFECTIVE DATES: This designation is effective on August 28, 1997 and
will remain in effect until August 27, 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: Subsection 308(b)(7) of Pub. L. 104-208
(September 30, 1996) renumbered section 244A of the Act as section 244.
[[Page 45686]]
Under this section, the Attorney General is authorized to grant TPS to
eligible aliens who are nationals of a foreign state designated by the
Attorney General (or who have no nationality and last habitually
resided in that state). The Attorney General may designate a state upon
finding that the state is experiencing ongoing armed conflict,
environmental disaster, or certain other extraordinary and temporary
conditions that prevent nationals or residents of the country from
returning in safety.
Montserratians 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) and they choose to wait.
This recommendation applies to any Montserratian who has already
applied for, or plans to apply for, asylum but whose asylum application
has not yet been adjudicated.
An application for Temporary Protected Status does not preclude or
adversely affect an application for asylum or any other immigration
benefit. Regardless of the denial of an application for asylum or
another immigration benefit, Montserratians who apply for TPS during
the initial registration period would remain eligible to re-register if
the designation of TPS is extended. However, without a TPS application
during the initial registration period, only those Montserratians who
satisfy the requirements for late initial registration under 8 CFR
244.2(f)(2) would be eligible for TPS registration during an extension
of designation.
Montserratians who already have employment authorization, including
some asylum applicants, and Montserratians 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 to the Immigration and Naturalization
Service or the applicant does not wish to obtain employment
authorization.
Notice of Designation of Montserrat 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) Since July 1995, Montserrat (with a total land area of only 100
square kilometers) has been endangered by an active volcano, which has
affected the entire island and its residents. The volcano's eruptions
have forced the evacuation of more than half the island, closed the
airport, stopped most seaport activities, and destroyed three-fourths
of the infrastructure of the island;
(2) There has been an environmental disaster in Montserrat
resulting in a substantial, but temporary, disruption of living
conditions on Montserrat;
(3) The government of Montserrat officially has requested
designation of Montserrat for TPS;
(4) There exist extraordinary and temporary conditions in
Montserrat that prevent aliens who are nationals of Montserrat (and
aliens having no nationality who last habitually resided in Montserrat)
from returning to Montserrat in safety; and
(5) Permitting nationals of Montserrat (and aliens having no
nationality who last habitually resided in Montserrat) 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) Montserrat is designated under sections 244(b)(1)(B) and (C) of
the Act. Nationals of Montserrat (and aliens having no nationality who
last habitually resided in Montserrat) who have been ``continuously
physically present'' since August 28, 1977 and have ``continuously
resided in the United States'' since August 22, 1997, may apply for
Temporary Protected Status within the registration period which begins
on August 28, 1997 and ends on August 27, 1998.
(2) I estimate that there are approximately 1,000 nationals of
Montserrat (and aliens having no nationality who last habitually
resided in Montserrat) who are currently in nonimmigrant or unlawful
status and who are eligible for Temporary Protected Status.
(3) Except as specifically provided in this notice, applications
for TPS by nationals of Montserrat (and aliens having no nationality
who last habitually resided in Montserrat) 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 August 28, 1997 and
will remain in effect until August 27, 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 August 27, 1998, the
designation of Montserrat 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
Montserrat (and aliens having no nationality who last habitually
resided in Montserrat) will be available at local Immigration and
Naturalization Service offices upon publication of this notice.
Dated: August 26, 1997.
Janet Reno,
Attorney General.
[FR Doc. 97-23118 Filed 8-27-97; 8:45 am]
BILLING CODE 4410-10-M
