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[Federal Register: October 31, 2002 (Volume 67, Number 211)]
[Notices]
[Page 66423-66425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc02-70]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2237-02; AG Order No. 2624-2002]
Extension of the Designation of Sierra Leone Under the Temporary
Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The Attorney General's most recent extension of the
designation of Sierra Leone under the Temporary Protected Status (TPS)
program expires on November 2, 2002. This notice announces the Attorney
General's decision to extend the TPS designation for Sierra Leone for
an additional period of 12 months, as provided by law, and contains
information regarding the 12-month extension of TPS.
DATES: The TPS designation for Sierra Leone is extended for a period of
12 months, from November 2, 2002, through November 2, 2003. The re-
registration period commences on October 31, 2002, and will remain in
effect until December 30, 2002 (inclusive of such end date).
FOR FURTHER INFORMATION CONTACT: Naheed A. Qureshi, Office of
Adjudications, Residence and Status Branch, 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 Designation and Extension of
TPS?
Under section 244 of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a, the Attorney General is authorized to designate a foreign
state (or part thereof) for TPS. The Attorney General may then grant
TPS to eligible nationals of that foreign state (or aliens having no
nationality who last habitually resided in that state).
Section 244(b)(3)(A) of the Act requires the Attorney General to
review, at least 60 days before the end of the TPS designation, the
conditions in a foreign state designated under the TPS program to
determine whether the conditions for a TPS designation continue to be
met and, if so, the length of an extension of TPS that is granted on
the basis of such a determination. 8 U.S.C. 1254a(b)(3)(A). If the
Attorney General determines that the foreign state no longer meets the
conditions for TPS designation, the Attorney General shall terminate
the designation, as provided in section 244(b)(3)(B) of the Act. 8
U.S.C. 1254a(b)(3)(B). Finally, if the Attorney General does not make
the required determination prior to the 60-day period prescribed by
statute, section 244(b)(3)(C) of the Act provides for an automatic
extension of TPS for an additional period of 6 months (or, in the
discretion of the Attorney General, a period of 12 or 18 months). 8
U.S.C. 1254a(b)(3)(C).
Why Is the Sierra Leone TPS Designation Being Extended?
The Administration, including the Departments of State and Justice,
as well as the National Security Council, is actively and closely
monitoring conditions in and developments relating to Sierra Leone. The
United States Government recognizes that there has been considerable
progress toward renewed stability in Sierra Leone. In January 2002, the
country's decade-long war was declared over. More than 45,000
combatants have been demobilized. In May 2002, violence-free elections
were successfully completed. More recently, on September 24, 2002, the
United Nations Security Council voted unanimously to adopt a resolution
extending the mandate of the United Nations Assistance Mission in
Sierra Leone (UNAMSIL) for six months, while implementing the Secretary
General's recommendation for a phased, gradual draw-down of UNAMSIL.
The resolution urges UNAMSIL to carry out Phases 1 and 2 of the draw-
down over the next eight months, which would reduce UNAMSIL's troop
strength from 17,500 to 13,000 (a reduction of approximately 25%). In
addition, the situation in Liberia, which affects regions of
neighboring Sierra Leone, remains unstable. On October 1, 2002, the
Attorney General designated Liberia under the TPS program.
The Attorney General consulted with appropriate agencies of the
Government, but due to the nature of the situation in Sierra Leone, has
not made a determination whether the conditions for TPS designation
continue to be met. Accordingly, this Federal Register notice does not
contain the Attorney General's determination regarding whether or not
the conditions in Sierra Leone continue to satisfy the statutory
standards for an extension of TPS under section 244(b)(3)(A) of the
Act. Instead, as a result of the 60-day requirement prescribed by
statute, this notice provides that the previous TPS designation for
Sierra Leone has been extended pursuant to section 244(b)(3)(C) of the
Act. 8 U.S.C. 1254a(b)(3)(C). As an exercise of discretion, the
Attorney General has decided to extend TPS for 12 months, as
[[Page 66424]]
allowed under that provision, rather than the minimum period of six
months in order to allow a sufficient period of time to monitor further
developments in Sierra Leone.
No later than 60 days prior to the November 2, 2003, expiration of
this extension, the Attorney General will determine whether the
conditions for TPS designation continue to be met in Sierra Leone at
that time, or whether TPS should be terminated at the time the current
extension of TPS expires. Notice of that determination, including the
basis for the determination, will be published in the Federal Register.
If I Currently Have TPS Benefits Through the Sierra Leone TPS Program,
Must I Still Re-Register for TPS?
Yes. If you already have received TPS benefits through the Sierra
Leone TPS program, your benefits will expire on November 2, 2002. While
the designation of Sierra Leone under the TPS program was extended
automatically by virtue of statute, individual TPS beneficiaries must
still comply with the re-registration requirements described below in
order to maintain their TPS benefits through November 2, 2003. TPS
benefits include temporary protection against removal from the United
States, as well as work authorization, during the TPS designation
period and any extension thereof. 8 U.S.C. 1254a(a)(1).
If I Am Currently Registered for TPS, How Do I Re-Register for an
Extension?
All persons previously granted TPS benefits under the Sierra Leone
TPS program who wish to maintain such benefits must apply for an
extension by filing (1) Form I-821, Application for Temporary Protected
Status, without the filing fee; (2) Form I-765, Application for
Employment Authorization; and (3) two identification photographs (1\1/
2\ inches x 1\1/2\ inches). See the chart below to determine whether
you must submit the one hundred and twenty dollar ($120) filing fee
with the Form I-765. Children beneficiaries of TPS, who have reached
the age of 14 but were not previously fingerprinted, must pay the fifty
dollar ($50) fingerprint fee upon their next application for extension.
Submit the re-registration package to the Service district office
that has jurisdiction over your place of residence during the 60-day
re-registration period that begins October 31, 2002, and will remain in
effect until December 30, 2002.
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If Then
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You are applying for an Employment You must complete and file Form I-
Authorization Document that is 765, Application for Employment
valid through November 2, 2003. . . Authorization, with the $120 fee.
You already have an Employment You must complete and file Form I-
Authorization Document or do not 765 with no fee.
require such a document. . .
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Employment authorization documentation: An applicant who seeks
employment authorization documentation must submit Form I-765 with the
$120 fee. An applicant who does not seek employment authorization
documentation does not need to submit the $120 fee, but must still
complete and submit Form I-765 for data gathering purposes.
Fee waiver: Applicants may request that certain fees be waived, in
accordance with the regulations at 8 CFR 244.20.
How Does an Application for TPS Affect My Application for Asylum or
Other Immigration Benefits?
An application for TPS does not affect an application for asylum or
any other immigration benefit, and vice versa. Denial of an application
for asylum or any other immigration benefit does not affect an
applicant's TPS eligibility, although the grounds for denying one form
of relief may also be grounds for denying TPS. For example, a person
who has been convicted of a particularly serious crime is not eligible
for asylum or TPS. 8 U.S.C. 1158(b)(2); 8 U.S.C. 1254a(c)(2)(B)(i).
Does This Extension Allow Nationals of Sierra Leone (or Aliens Having
No Nationality Who Last Habitually Resided in Sierra Leone) Who Entered
the United States After November 9, 1999, To Apply for TPS?
No. This is a notice of an extension of TPS, not a notice of re-
designation of Sierra Leone under the TPS program. An extension of TPS
does not change the required dates of continuous residence and
continuous physical presence in the United States. This extension does
not expand TPS availability to those who are not already TPS class
members. To be eligible for benefits under this extension, nationals of
Sierra Leone (or aliens having no nationality who last habitually
resided in Sierra Leone) must have been continuously physically present
and continuously resided in the United States since November 9, 1999.
What Is Late Initial Registration?
Some persons may be eligible for late initial registration under 8
CFR 244.2(f)(2). To apply for late initial registration an applicant
must:
(1) Be a national of Sierra Leone (or an alien who has no
nationality and who last habitually resided in Sierra Leone);
(2) Have been continuously physically present in the United States
since November 9, 1999;
(3) Have continuously resided in the United States since November
9, 1999; and,
(4) Be both admissible as an immigrant, except as otherwise
provided under section 244(c)(2)(A) of the Act, and also not ineligible
under section 244(c)(2)(B) of the Act. 8 U.S.C. 1254a(c)(2)(A), 8
U.S.C. 1254a(c)(2)(B).
Additionally, the applicant must be able to demonstrate that,
during the re-designation registration period from November 9, 1999,
through November 2, 2000, he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status or any relief from removal;
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of
status pending or subject to further review or appeal;
(3) Was a parolee or had a pending request for reparole; or
(4) Was the spouse or child of an alien currently eligible to be a
TPS registrant. 8 CFR 244.2(f)(2).
An applicant for late initial registration must file an application
for late registration within a 60-day period immediately following the
expiration or termination of the conditions described above. 8 CFR
244.2(g).
What Happens When This Extension of TPS Expires on November 2, 2003?
At least 60 days before this extension of TPS expires on November
2, 2003, the Attorney General will review conditions in Sierra Leone
and determine whether the conditions for designation under the TPS
program continue to be met at that time, or whether the TPS designation
should be terminated. Notice of that determination, including the basis
for the determination, will be published in the Federal Register.
If the TPS designation is extended at that time, an alien who has
received TPS benefits must re-register under the extension in order to
maintain TPS benefits. If, however, the Attorney General terminates the
TPS designation, TPS beneficiaries will return to the same immigration
status they
[[Page 66425]]
maintained before TPS (unless that status had since expired or been
terminated) or to any other status they may have acquired while
registered for TPS. Accordingly, if an alien had no lawful immigration
status prior to receiving TPS and did not obtain any status during the
TPS period, he or she will revert to that unlawful status upon
termination of the TPS designation.
Notice of Automatic Extension of the Designation of Sierra Leone Under
the TPS Program
Pursuant to section 244(b)(3)(C) of the Act, I order as follows:
(1) The designation of Sierra Leone for TPS under section 244(b) of
the Act is extended for a period of 12 months, from November 2, 2002
through November 2, 2003.
(2) I estimate that there are approximately 2,209 nationals of
Sierra Leone (and aliens having no nationality who last habitually
resided in Sierra Leone) who currently receive TPS benefits and who are
eligible to re-register for benefits under this extension.
(3) To maintain TPS, a national of Sierra Leone (or an alien having
no nationality who last habitually resided in Sierra Leone) who
previously has applied for or received TPS benefits must re-register
for TPS during the 60-day re-registration period from October 31, 2002
until December 30, 2002.
(4) To re-register, the applicant must file the following: (1) Form
I-821, Application for Temporary Protected Status; (2) Form I-765,
Application for Employment Authorization; and (3) two identification
photographs (1\1/2\ inches by 1\1/2\ inches). There is no fee for a
Form I-821 filed as part of the re-registration application. If the
applicant requests employment authorization documentation, he or she
must submit one hundred and twenty dollars ($120) 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
documentation must nonetheless file Form I-765 along with Form I-821,
but is not required to submit the fee. The fifty-dollar ($50)
fingerprint fee is required only for children beneficiaries of TPS who
have reached the age of 14 but were not previously fingerprinted.
Failure to re-register without good cause will result in the withdrawal
of TPS. 8 CFR 244.17(c). Some persons who had not previously applied
for TPS may be eligible for late initial registration under 8 CFR
244.2.
(5) At least 60 days before this extension terminates on November
2, 2003, the Attorney General will review conditions in Sierra Leone
and determine whether the conditions for TPS designation continue to be
met. Notice of that determination, including the basis for the
determination, will be published in the Federal Register. 8 U.S.C.
1254a(b)(3).
(6) Information concerning the extension of the TPS program for
Sierra Leone will be available at local Service offices upon
publication of this notice and through the Immigration and
Naturalization Service National Customer Service Center at 1-800-375-
5283. This information will also be published on the INS web site at
http://www.ins.usdoj.gov.
Dated: October 28, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-27796 Filed 10-30-02; 8:45 am]
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