[Federal Register Volume 67, Number 22 (Friday, February 1, 2002)]
[Notices]
[Pages 4997-4999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-2528]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2114-01; AG Order No. 2555-2002]
RIN 1115-AE26
Extension of the Designation of Angola Under Temporary Protected
Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The designation of Angola under the Temporary Protected Status
(TPS) Program will expire on March 29, 2002. This notice extends the
Attorney General's designation of Angola for 12 months until March 29,
2003, and sets forth procedures necessary for nationals of Angola (or
aliens having no nationality who last habitually resided in Angola)
with TPS to re-register for the additional 12-month period.
Registration is limited to persons who both registered under the
initial designation (which ended on March 29, 2001) and also timely re-
registered under the extension of designation, or registered under the
redesignation (which ends March 29, 2002). Nationals of Angola (or
aliens having no nationality who last habitually resided in Angola) who
previously have not applied for TPS may be eligible to apply under the
late initial registration provisions.
EFFECTIVE DATES: The extension of Angola's TPS designation is effective
March 29, 2002, and will remain in effect until March 29, 2003. The 60-
day re-registration period begins February 1, 2002 and will remain in
effect until April 2, 2002.
FOR FURTHER INFORMATION CONTACT: Emily Crowder, Program Analyst,
Immigration and Naturalization Service, 425 I Street, NW, Room 3040,
Washington, DC 20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Attorney General Have To Extend the
Designation of Angola Under the TPS Program?
Section 244(b)(3)(A) of the Immigration and Nationally Act (the
Act) states that at least 60 days before the end of a designation, or
any extension thereof, the Attorney General must review conditions in
the foreign state for which he designation is in effect. 8 U.S.C.
1254a(b)(3)(A). If the Attorney General does not determine that the
foreign state no longer continues to meet the conditions for
designation, the period of designation is extended automatically for 6
months pursuant to section 244(b)(3)(C) of the Act, although the
Attorney General may exercise his discretion to extend the designation
for a period of 12 or 18 months. 8 U.S.C. 1254a(b)(3)(C). With respect
to Angola, such an extension makes TPS available only to persons who
have been continuously physically present since April 5, 2001, and have
continuously resided in the United States since the effective date of
the redesignation, April 5, 2001.
Why Did the Attorney General Decide To Extend the TPS Designation
for Angola?
On March 29, 2000, the Attorney General designated Angola under the
TPS program (65 FR 16634). Since that time, the Departments of Justice
and State have continuously reviewed conditions in Angola, extending
and re-designating Angola under the TPS program on April 5, 2001 (66 FR
18111). The current review has resulted in a consensus that a further
12-month extension is warranted. A recent Department of State report
found that the conditions under which Angola was designated for TPS
have not ceased to exist and, therefore, ``[t]he situation in Angola
remains unsafe for return.'' Recommendation for Extension Of TPS, INS/
DOS Consultation for Angola (November 1, 2001). The Department of
Justice reports that ``[g]uerilla activities of UNITA have spread in
recent months and both sides to the conflict have subjected civilians
to a wide range of human rights abuses.'' The INS Resource Information
Center, Angola: Information on Civil Conflict and the Socioeconomic and
Humanitarian Situation (December 1, 2001). Such ongoing, armed conflict
continues to threaten seriously the personal safety of Angolans, and
the Department of State estimates that the fighting between UNTIA
rebels and the Angolan Government will continue well into next year.
Recommendation for Extension of TPS, INS/DOS Consultation for Angola.
``The warring parties have repeatedly subjected the civilian population
to forced displacements and acts of violence,'' including murder and
rape. Id. Approximately 3 million Angolans remain internally displaced,
380,000 of whom have been displaced since January 2001. Id.
Additionally, UNITA rebels have begun ``using terrorist tactics to
attack civilians even in government-controlled areas.'' Id. The armed
conflict also continues to effect health conditions in Angola. The
Department of State's report cities that ``[i]n overcrowded cities and
makeshift IDP camps, malnutrition and vitamin deficiency-induced
illnesses flourish, while poor water and sanitation conditions create
an environment of increased risk of disease and epidemics such as polio
and meningitis.'' Id. Also, the Department of State estimates that
there are approximately 8 million landmines planted in Angolan soil,
making it such that ``[r]eturnees would be at risk of becoming
casualties.'' Id.
Based on this review, the Attorney General finds that the
conditions that prompted designation of Angola under the TPS program
continue to be met. 8 U.S.C. 1254a(b)(3)(A). There is an ongoing armed
conflict within Angola and, due to such conflict, requiring the return
of aliens who are nationals of Angola (or aliens having no nationality
who last habitually resided in Angola) would pose a serious threat to
their personal safety. 8 U.S.C. 1254a(b)(1)(A). Furthermore, there
exist extraordinary and temporary conditions in Angola that prevent
nationals of Angola (and aliens having no nationality who last
habitually resided in Angola) from returning home in safety. 8 U.S.C.
1254a(b)(1)(C). Finally, permitting nationals of Angola to remain
temporarily in the United States is not contrary to the national
interest of the United States. Id. On the basis of these findings, the
Attorney General concludes that the TPS designation for Angola should
be extended for an additional 12-month period. 8 U.S.C. 1254a(b)(3)(C).
If I Currently Have TPS Through the Angola TPS Program, Do I Still
Re-Register for TPS?
Yes. If you have already been granted TPS through the Angola TPS
program, your status will expire on March 29, 2002. Accordingly, you
must re-register for TPS in order to maintain your status through March
29, 2003. See the re-registration instructions below.
If I Am Currently Registered for TPS, How Do I Re-Register for an
Extension?
All persons previously granted TPS under the Angola program who
wish to maintain such status must apply for an extension by filing (1)
a Form I-821, Application for Temporary Protected Status, without the
$50 filing fee; (2) a Form I-765, Application for
[[Page 4998]]
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 Form I-765. Applicants for an extension of TPS benefits do not
need to be re-fingerprinted and thus need not pay the $50 fingerprint
fee, Children beneficiaries of TPS who have reached the age of fourteen
(14) but were not previously fingerprinted must pay the fifty dollar
($50) fingerprint fee with the application for extension.
Submit the completed forms and applicable fee, if any, to the
Immigration and Naturalization Service (``Service'') district office
having jurisdiction over your place of residence during the 60-day re-
registration period that beings February 1, 2002 and April 2, 2002
(inclusive of such end date).
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If Then
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You are applying for employment You must complete and file
authorization until March 29, 2003. the Form I-765, Application
for Employment
Authorization, with the
$120 fee.
You already have employment authorization You must complete and file
or do not require employment Form I-765 with no fee.
authorization.
You are applying for employment You must complete and file:
authorization and are requesting a fee (1) Form I-765 and (2) a
waiver. fee waiver request and
affidavit (and any other
information) in accordance
with 8 CFR 244.20.
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Where Must I Ffile?
Submit the completed forms, applicable fees, and identification
photographs to the Service district office having jurisdiction over
your place of residence.
When Must I File?
You must file your application and accompanying materials within
the 60-day reregistration period that begins February 1, 2002 and ends
April 2, 2002 (inclusive of such end date).
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. A national of Angola (or alien having no
nationality who last habitually resided in Angola) who is otherwise
eligible for TPS and has applied for, or plans to apply for, asylum,
but who has not yet been granted asylum or withholding of removal, may
also apply for TPS. Denial of an application for asylum or any other
immigration benefit does not affect an applicant's ability to apply for
TPS, 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 Angola (or Aliens Having No
Nationality Who Last Habitually Resided in Angola) Who Entered the
United States After April 5, 2001, To File for TPS?
No. This is a notice of an extension of the TPS designation for
Angola, not a notice of redesignation of Angola 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, in
this case, April 5, 2001. This extension does not expand TPS
availability to include nationals of Angola (or aliens having no
nationality who last habitually resided in Angola) who have not been
continuously physically present in, and have not continuously resided
in, the United States since the date of the most recent redesignation,
April 5, 2001.
Is Late Initial Registration Possible?
Yes. Some persons may be eligible for late initial registration
under 8 CFR 244.2. To apply for late initial registration an applicant
must:
(1) Be a national of Angola (or alien who has no nationality and
who last habitually resided in Angola);
(2) Have been continuously physically present in the United States
since April 5, 2001;
(3) Have continuously resided in the United States since April 5,
2001; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not ineligible under section
244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that during
the registration period from April 5, 2001, through March 29, 2002, 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).
Notice of Extension of Designation of Angola Under the TPS Program
By the authority vested in me as Attorney General under sections
244(b)(1), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted with
the appropriate government agencies and determine that the conditions
that prompted designation of Angola for TPS continue to be met. 8
U.S.C. 1254a(b)(3)(A). Accordingly, I order as follows:
(1) The designation of Angola under section 244(b) of the Act is
extended for an additional 12-month period from March 29, 2002, to
March 29, 2003. 8 U.S.C. 1254a(b)(3)(C).
(2) There are approximately 1,000 nationals of Angola (or aliens
having no nationality who last habitually resided in Angola) who have
been granted TPS and who are eligible for re-registration.
(3) To maintain TPS, a national of Angola (or an alien having no
nationality who last habitually resided in Angola) who received TPS
during the initial designation or redesignation periods must re-
register for TPS during the 60-day re-registration period from February
1, 2002 until April 2, 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, 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 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.
[[Page 4999]]
(5) At least 60 days before this extension terminates on March 29,
2003, the Attorney General will review the designation of Angola under
the TPS program and determine whether the conditions for designation
continue to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that
determination, including the basis for the determination, will be
published in the Federal Register. 8 U.S.C. 1254a(b)(3)(A).
(6) Information concerning the extension of designation of Angola
under the TPS program will be available at local Service offices upon
publication of this notice and on the Service Web site at http://
www.ins.usdoj.gov.
Dated: January 28, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-2528 Filed 1-31-02; 8:45 am]
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