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LIBERIA TEMPORARY PROTECTED STATUS (TPS) Q1. Why is the Attorney General designating
Liberia under the Temporary Protected Status program (TPS)? A1. After reviewing country conditions and
consulting with the appropriate government agencies, the Attorney General has
determined that conditions in Liberia support a TPS designation. Specifically, based upon a recent review on conditions within Liberia by
the Immigration and Naturalization Service (INS) and the Department of State,
the Attorney General concluded that there is an ongoing-armed conflict in
Liberia, and due to such conflict, returning Liberian nationals to that state
would pose a serious threat to their personal safety. Q2. When will this TPS designation become effective? A2. The designation of
Liberia for TPS becomes effective on October 1, 2002 and remains in effect
until October 1, 2003. Q3. Who is eligible for TPS under this designation? A3. To be eligible for TPS under this designation, an alien must: Q4. How Do I Register for TPS? A4. During the
registration period that runs from October 1, 2002 through March 31, 2003,
applicants for TPS must submit the following package requirements to the
Service district office that has jurisdiction over your place of residence: Fees: Applicants may request that certain
fees be waived, in accordance with the regulations. Q5. Do I need to submit fingerprints? A5. While a complete TPS application
package must include the $50 fingerprint fee for every applicant who is 14
years of age or older, applicants should NOT submit a completed fingerprint
card (FD-258, Application Card) with the TPS application package. Upon receipt of the TPS application package,
the Service will mail the applicant an appointment letter with instructions to
appear for fingerprinting at a Service-authorized Application Support Center
(ASC). Q6. Where should I send my complete TPS
application? A6. Applicants
should submit the TPS application package to the Service district office that
has jurisdiction over your place of residence. Q7. Should I Register for TPS If I Currently am under Deferred
Enforced Departure (DED)? A7. Many Liberians who
have resided in the United States since September 29, 2001, have remained here
under a presidential directive authorizing Deferred Enforced Departure (DED), a
temporary protection measure similar to TPS.
On September 29, 2002, the Liberian DED directive expires, as do all
employment authorization documents (EAD) issued to Liberians pursuant to that
directive. Liberians who have no other
lawful immigration status, but who wish to remain and work, in the United
States after September 29, 2002, should apply for TPS benefits in the manner
described above. Q8. How is
DED different from TPS? A8. DED is similar to TPS in that it allows aliens of a
particular nationality to remain and work in the United States without the
threat of deportation. The President issues a DED directive based on his
constitutional authority related to foreign policy, whereas the Attorney
General has statutory authority to designate a country for TPS. TPS requires aliens of a specific
nationality who are present in the U.S. by the deadline to come forward and
submit an application to INS, which then decides whether the alien qualifies
(the INS may not grant TPS to terrorists, criminals and others). While certain categories of aliens are
ineligible for DED, DED does not require a formal application (DED
beneficiaries do have to apply for employment authorization if they want to
work during the period of DED, however). Q9. What is Late Initial Registration? A9. Certain Liberian
nationals may be eligible to apply for TPS subsequent to the initial
registration period if, at the time of the initial registration period, they:
(1) are non-immigrants; (2) have been granted voluntary departure status or any
relief from removal; (3) have an application for change of status, adjustment
of status, asylum, voluntary departure, or any relief from removal that is
pending or subject to further review or appeal; (4) are parolees or have a
pending request for parole; or (5) are the spouse or child of an alien
currently eligible to be a TPS registrant.
An applicant for late initial registration must register within a 60-day
period immediately following the expiration or termination of one of the
conditions described in items (1) through (5) of this paragraph. Q10. Does Applying for TPS Affect an
Application for Asylum or Any Other Immigration Benefit? A10. No. Any national of Liberia who has already
applied for, or plans to apply for, any other immigration benefit or protection,
may also apply for TPS. An application
for TPS does not preclude or adversely affect an application for any other
immigration benefit. Similarly, 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 of that application 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. Q11. Will
Liberian nationals protected by TPS be permitted to travel abroad during the
TPS period? A11. An individual granted TPS must remain
continuously physically present in the United States. The grant of TPS status does not mean that you have permission to
travel abroad, though permission to travel may be granted by the district
director according to the Service's advance parole provisions. There is no
appeal to a denial of advance parole. Failure to obtain advance parole prior to
traveling abroad may result in the withdrawal of your TPS and/or the
institution or re-calendaring of removal proceedings. Q12. What Happens When This TPS Designation Expires on October
1, 2003? A12. At least 60 days
before this TPS designation expires on October 1, 2003, the Attorney General
will review conditions in Liberia and determine whether the conditions that
warranted designation of Liberia 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 the initial 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 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. Q13. Where may I find forms and additional information? A13. Information concerning the Liberia TPS program
is available at the INS website, located at www.ins.gov, or the INS National Customer Service
Center, at 1-800-375-5283 (TTY:
1-800-767-1833).
Applicants may obtain forms from the INS web site or by contacting the
INS Forms Line, at 1-800-870-3676. Q14. Doesn’t this new TPS designation make it more
difficult for Congress to enact legislation that would give Liberians lawful
permanent resident status? A14 Yes,
the TPS
statute has a requirement that, if the Congress is considering a bill that
would give aliens who have TPS lawful permanent residence, the Senate must pass
the bill by a super-majority. Congress
has had three years of DED to enact legislation and it has not done so. The Administration has determined that TPS
is the more appropriate remedy in this situation, and we had to make that
decision without regard to what action Congress may or may not take on pending
legislation. Q15. What is the Department of Justice’s position
on the pending legislation (S.656/H.R.1806)? A15. The Administration has not yet expressed a
formal view on the legislation. We are
in the process of finalizing our position on the bills. ###  Follow @ilwcom Share this page | Bookmark this page The leading immigration law publisher - over 50000 pages of free information!
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