[Federal Register Volume 64, Number 154 (Wednesday, August 11, 1999)] [Notices] [Pages 43720-43722] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-20852] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Immigration and Naturalization Service [INS No. 2006-99; AG Order No. 2240-99] RIN 1115-AE26 Extension of Designation of Bosnia-Herzegovina Under the Temporary Protected Status Program AGENCY: Immigration and Naturalization Service, Justice. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice extends the Attorney General's designation of Bosnia-Herzegovina under the Temporary Protected Status (TPS) program until August 10, 2000. Eligible nationals of Bosnia-Herzegovina (or aliens having no nationality who last habitually resided in Bosnia- Herzegovina) may re-register for TPS and an extension of employment authorization. Re-registration is limited to persons who registered for the initial period of TPS, which ended on August 10, 1993,or who registered after that date under the late initial registration provision. Persons who are eligible for late initial registration may register for TPS during this extension. EFFECTIVE DATES: The extension of the TPS designation for Bosnia- Herzegovina is effective August 11, 1999, and will remain in effect until August 10, 2000. The 30-day re-registration period begins August 11, 1999 and will remain in effect until September 10, 1999. FOR FURTHER INFORMATION CONTACT: Michael Valverde, Residence and Status Services Branch, Adjudications, Immigration and Naturalization Service, Room 3214, 425 I Street, NW, Washington, DC 20536, telephone (202) 514- 4754. SUPPLEMENTARY INFORMATION: What Authority Does the Attorney General Have To Extend the Designation of Bosnia-Herzegovina Under the TPS Program? Section 244(b)(3)(A) of the Immigration and Nationality Act, as amended (the Act), states that at least 60 days before the end of an extension or a designation, the Attorney General must review conditions in the foreign state for which the designation is in effect. 8 U.S.C. 1254a(b)(3)(A). Under section 244(b)(3)(C), the Attorney General may extend the initial TPS period based on a determination that the foreign state continues to meet the conditions for designation. 8 U.S.C. 1254a(b)(3)(C). Through such an extension, TPS continues to be available only to persons who have been continuously physically present and have continuously resided in the United States from the effective date of the initial designation, in this case since August 10, 1992. Why Is the Attorney General Extending the TPS Designation for Bosnia-Herzegovina On August 10, 1992, the Attorney General designated Bosnia- Herzegovina for TPS for a period of 12 months. 57 FR 35604. Since that date, the Department of State and the Department of Justice have annually reviewed conditions within Bosnia-Herzegovina and the Attorney General, based on these reviews, has extended TPS for that country each year. Based on this year's review, the Attorney General finds that extraordinary and temporary conditions that prevent nationals of Bosnia-Herzegovina from returning to their country in safety persist, and that, due to such conditions, extension of the designation of Bosnia-Herzegovina under the TPS program is warranted. 8 U.S.C. 1254a(b)(1)(C). If I Currently Have TPS, How Do I Register for an Extension? Persons previously granted TPS under the Bosnia-Herzegovina program may apply for an extension by filing a Form I-821, without the fee, during the re-registration period that begins August 11, 1999 and ends September 10, 1999. Additionally, you must file a Form I-765. See the chart below to determine whether or not you must submit the one-hundred dollars ($100) filing fee with the Form I-765. ------------------------------------------------------------------------ If Then ------------------------------------------------------------------------ You are applying for employment You must complete and file the authorization through August 10, 2000 Form I-765, Application for Employment Authorization, with the one-hundred dollar ($100) fee. [[Page 43721]] You already have employment You must complete and file the authorization or do not require Form I-765, Application for employment authorization Employment Authorization, with no fee. You are applying for employment You must complete and file Form authorization and are requesting a fee I-765, with a fee waiver waiver request and affidavit (and any other information), in accordance with 8 CFR 244.20. ------------------------------------------------------------------------ To re-register for TPS, you also must include two identification photographs (1\1/2\'' x 1\1/2\'') and supporting evidence, as provided in 8 CFR 244.9 (evidence of identity and nationality, and proof or residence). Is Late Registration Possible? Yes. In addition to timely re-registration, late initial registration is possible for some persons from Bosnia-Herzegovina under 8 CFR 244.2(f)(2). The requirements for late initial registration specify that an applicant for late initial registration must-- (1) Be a national of Bosnia-Herzegovina (or an alien having no nationality who last habitually resided in Bosnia-Herzegovina); (2) Have been continuously physically present in the United States since August 10, 1992; (3) Have continuously resided in the United States since August 10, 1992; and (4) Be admissible as an immigrant, except as otherwise provided in section 244(c)(2)(A), and not ineligible under section 244(c)(2)(B) of the Act. 8 CFR 244.2(f)(2). Additionally, the applicant must be able to demonstrate that, during the initial registration period from August 10, 1992, through August 10, 1993, he or she-- (1) Was in valid immigrant or nonimmigrant status, or had been granted voluntary departure status of any relief from removal; (2) Had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal 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. Id. An applicant for late initial registration must register no later than sixty (60) days from the expiration or termination of the qualifying condition. Id. Where Should I File for an Extension of TPS? Persons seeking to extend their TPS must submit an application and accompanying materials to the Immigration and Naturalization local office that has jurisdiction over the applicant's place of residence. When Can I File for an Extension of TPS? The 30-day re-registration period begins August 11, 1999 and will remain in effect until September 10, 1999. How Does an Application for TPS Affect My Application for Asylum or Other Immigration Benefits? An application for TPS does not preclude or affect an application for asylum or any other immigration benefit. Any national of Bosnia- Herzegovina (or alien having no nationality who last habitually resided in Bosnia-Herzegovina) 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 register for TPS, although the grounds of denial may also lead to denial of TPS. For example, a person who has been convicted of an aggravated felony is not eligible for asylum or TPS. Does This Extension Allow Nationals of Bosnia-Herzegovina (or Aliens Having No Nationality Who Last Habitually Resided in Bosnia- Herzegovina) Who Entered the United States After August 10, 1992, To File for TPS? No. This is a notice of an extension of the TPS designation for Bosnia-Herzegovina. It is not a notice of redesignation for Bosnia- Herzegovina under the TPS program. An extension of TPS does not change the required dates of continuous physical presence and residence in the United States, and does not expand the TPS program to include nationals of Bosnia-Herzegovina (or aliens having no nationality who last habitually resided in Bosnia-Herzegovina) who arrived in the United States after the date of the initial designation, in this case since August 10, 1992. Notice of Extension of the Designation of Bosnia-Herzegovina Under the TPS Program By the authority vested in me as Attorney General under sections 244(b)(3)(A) and (C) of the Act, I have consulted with the appropriate agencies of the Government concerning whether the conditions under which Bosnia-Herzegovina was initially designated for TPS continue to exist. 8 U.S.C. 1254a(b)(3)(A), (C). As a result, I determine that the conditions for the initial designation of TPS for Bosnia-Herzegovina continue to be met. Accordingly, I order as follows: (1) The designation of Bosnia-Herzegovina under section 244(b)(1)(C) of the Act is extended for an additional 12-month period from August 11, 1999, until August 10, 2000. 8 U.S.C. 1254a(b)(1)(C). (2) I estimate that there are approximately 400 nationals of Bosnia-Herzegovina (or aliens having no nationality who last habitually resided in Bosnia-Herzegovina) who have been granted TPS and are eligible for re-registration. (3) In order to maintain current registration for TPS, a national of Bosnia-Herzegovina (or alien having no nationality who last habitually resided in Bosnia-Herzegovina) who received a grant of TPS during the initial period of designation from August 10, 1992, until August 10, 1993, must re-register for TPS. (4) Pursuant to section 244(b)(3)(A) of the Act, the Attorney General will review, at least 60 days before August 10, 2000, the designation of Bosnia-Herzegovina under the TPS program to determine whether the conditions for designation continue to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that determination and the reasons underlying it will be published in the Federal Register. (5) Information concerning the TPS program for nationals of Bosnia- Herzegovina (or aliens having no nationality who last habitually resided in Bosnia-Herzegovina) will be available at local Service offices upon publication of this notice. [[Page 43722]] Dated: August 6, 1999. Janet Reno, Attorney General. [FR Doc. 99-20852 Filed 8-9-99; 11:59 am] BILLING CODE 4410-10-M