[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Notices]
[Pages 61123-61125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29248]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2022-99; AG Order No. 2271-99]
RIN 1115-AE26
Extension and Redesignation of Burundi Under the Temporary
Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: On November 4, 1997, the Attorney General designated Burundi
under the Temporary Protected Status (TPS) program for a period of
twelve months. This initial designation allowed eligible nationals of
Burundi (and aliens having no nationality who last habitually resided
in Burundi) who had continuously resided in the United States since
that date to apply for TPS. This initial designation, which expired
November 3, 1998, was extended last year. This notice extends the TPS
designation for Burundi for another twelve-month period (until November
2, 2000), and sets forth the procedures necessary for nationals of
Burundi (and aliens having no nationality who last habitually resided
in Burundi) with TPS to re-register for TPS program. This notice also
redesignates Burundi under the TPS program, thereby expanding TPS
eligibility to include nationals of Burundi (and aliens having no
nationality who last habitually resided in Burundi) who have been
``continuously present in the United States'' and who have
``continuously resided in the United States'' since November 9, 1999.
EFFECTIVE DATES:
Extension of Designation and Re-Registration
The extension of Burundi's TPS designation is effective November 3,
1999, and lasts until November 2, 2000. Nationals of Burundi (and
aliens having no nationality who last habitually resided in Burundi)
who currently have TPS must re-register for TPS during the period
lasting from November 9, 1999, until December 9, 1999.
Redesignation
The redesignation of Burundi for TPS is effective from November 9,
1999, until November 2, 2000. The registration period for nationals of
Burundi (and aliens who last habitually resided in Burundi) begins on
November 9, 1999, and will remain in effective until November 2, 2000.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Program Analyst,
Immigration and Naturalization Service, Room 3040, 425 I Street, NW,
Washington, DC 20535, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Is the Statutory Authority for the Attorney General To Extend
Burundi's TPS Designation Under the TPS Program?
Section 244(b)(3)(A) of the Immigration and Nationality Act (the
Act) states that at least 60 days before the end of 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. 1254(b)(3)(C). Through such an
extension, however, TPS continues to be available only to aliens who
have been continuously physically present and who have continuously
resided in the United States from the effective date of the initial
designation, in this case since November 4, 1997.
What Is the Statutory Authority for the Attorney General To
Redesignate Burundi Under the TPS Program?
Section 244(b)(1) of the Act implicitly permits the Attorney
General to redesignate a foreign state (or any part of such foreign
state) under the TPS program such that non-covered aliens residing in
the United States could receive TPS benefits, instead of simply
extending a foreign state's TPS designation and thereby extending
benefits to previously eligible aliens. 8 U.S.C. 1254(b)(1). An alien
is eligible for TPS if he or she is otherwise admissible, and ``has
been continuously physically present since and has continually resided
in the United States since the effective date of the most recent
designation of that state.'' 8 U.S.C. 1254a(c)(1)(A)(i).
Why Did the Attorney General Decide To Both Extend and Redesignate
Burundi Under the TPS Program?
On November 4, 1997, the Attorney General designated Burundi under
the TPS program. Since that time, the Attorney General and the
Department of State have continuously examined conditions in Burundi. A
recent Department of State report on conditions in that country found
that, ``[w]hile the Arusha peace negotiations continue, Burundi
nevertheless remains a fragile country with considerable ethnic
violence and deep divisions over the distribution of power. The June
1998 cease fire agreement has been generally ineffective, and Burundi
can still be described as a nation undergoing civil war.'' The
memorandum further states that ``[w]ide-spread and serious human rights
abuses continue to be committed by both the rebels and the Burundian
military. Burundi remains insecure throughout the country.'' Based on
these and other findings, the Attorney General has determined that
conditions in Burundi warrant the extension and redesignation of
Burundi under the TPS program. This order will extend the availability
of TPS to eligible nationals of Burundi (and aliens having no
nationality who last habitually resided in Burundi) who arrived in the
United States after the date of initial designation.
If I Currently Have TPS Through the Burundi TPS Program, Do I Still
Need to Re-Register for TPS?
Yes. If you were granted TPS based on the initial designation of
Burundi, that status will expire on November 3, 1999. Accordingly, you
must re-register for TPS in order to maintain your status through
November 2, 2000. With re-
[[Page 61124]]
registration, you do not need to pay the fifty-dollar ($50) filing fee
for the Form I-821, Application for Temporary Protected Status. If you
do not have TPS or have TPS but miss the re-registration period, you
can still apply for TPS under the redesignation, if you have been
continuously physically present and have continuously resided in the
United States since November 9, 1999. See the registration instructions
below for complete filing procedures.
If I Currently Have TPS, How Do I Register for an Extension?
All applicants previously granted TPS under the Burundi program may
apply for an extension by filing a Form I-821 (without the fee) during
the re-registration period that begins November 9, 1999 and ends
December 9, 1999. Additionally, you must file a Form I-765, Application
for Employment Authorization. See Chart 1 below to determine whether or
not you must submit the one hundred-dollar ($100) filing fee with the
Form I-765.
Chart 1
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If Then
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You are applying for employment You must complete and file the
authorization through November 2, 2000. Form I-765, Application for
Employment Authorization, with
the one-hundred dollar ($100)
fee.
You already have employment You must complete and file the
authorization or do not request Form I-765, Application for
employment authorization. Employment Authorization,
without a fee.
You are applying for employment You must complete and file Form
authorization and are requesting a fee I-765, an appropriately
waiver. documented fee waiver request,
and the requisite affidavit
(and any other information),
in accordance with 8 CFR
244.20.
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To re-register for TPS, you also must include two identification
photographs (1\1/2\'' x 1\1/2\'').
If I Do Not Currently Have TPS, How Do I Register?
All applicants filing for TPS under the Burundi redesignation who
have not previously been granted TPS must apply by filing Form I-821
and the fifty-dollar ($50) fee. Additionally, you must submit the Form
I-765 and a twenty-five dollar ($25) fingerprinting fee. See Chart 2
below to determine if you must also submit the one hundred-dollar
($100) filing fee for Form I-765, and to obtain information on
requesting a fee waiver.
Chart 2
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If Then
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You are applying for employment You must complete and file the
authorization through November 2, 2000. Form I-765, Application for
Employment Authorization, with
the one-hundred dollar ($100)
fee.
You already have employment You must complete and file the
authorization or do not request Form I-765, Application for
employment authorization. Employment Authorization,
without a fee.
You are requesting a fee waiver for the You must complete and file Form
$50 fee of the Form I-821, $100 fee I-821, Form I-765, and an
for the Form I-765, and $25 appropriately documented fee
fingerprinting fee. waiver request and the
affidavit (and any other
information), in accordance
with 8 CFR 244.20.
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To 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, nationality, and proof
of residence).
When Must I Re-Register for TPS Under the Extension?
For nationals of Burundi (and aliens having no nationality who last
habitually resided in Burundi) who currently have TPS, the re-
registration period begins November 9, 1999 and lasts until December 9,
1999. If you have TSP from the original designation but do not file
during the re-registration period, you can still file a new application
for TPS under the redesignation. If you are filing a new application,
you will need to follow the instructions for applying under the
redesignation.
When Must I Register for TPS Under the Redesignation?
The registration period for nationals of Burundi applying for TPS
under the redesignation begins November 9, 1999, and will remain in
effect until November 2, 2000.
Where Must I File My Application for TPS Under This Extension and
Redesignation?
Applicants seeking to register for TPS or to extend their TPS must
submit an application and accompanying materials to the Immigration and
Naturalization Service (INS) district office that has jurisdiction over
the applicant's place of residence.
What Are the Requirements for Nationals of Burundi To Demonstrate
That They Have Been ``Continuously Physically Present'' and Have
``Continuously Resided'' in the United States?
All new applicants for TPS under the Burundi redesignation will
have to demonstrate ``continuous physical presence'' and ``continuous
residence'' in the United States since November 9, 1999. ``Continuously
physically present'' means actual physical presence in the United
States for the entire period specified. An alien, however, shall not
shall be considered to have failed to maintain continuous physical
presence in the United States by virture of brief, casual, and innocent
absence. ``Continuously resided'' means residing in the United States
for the entire period specified. An alien will not be considered to
have failed to maintain continuous residence in the
[[Page 61125]]
United States by reason of a brief, casual, and innocent absence.
Notice of Extension of Designation and Redesignation of Burundi
Under the TPS Program
By the authority vested in me as Attorney General under Section 244
of the Act, and as required by sections 244(b)(3)(A) and (C), and 244
(b) (1) of the Act, I have consulted with the appropriate government
agencies concerning the redesignation of Burundi under the TPS program
and the extension of that country's current TPS designation. From these
consultations, I find the following:
(1) There exists an ongoing armed conflict in Burundi and that a
return of aliens who are nationals of Burundi (and aliens having no
nationality who last habitually resided in Burundi) would pose a
serious threat to their personal safety as a result of the armed
conflict in that nation;
(2) There exist extraordinary and temporary conditions in Burundi
that prevent aliens who are nationals of Burundi (and aliens having no
nationality who last habitually resided in Burundi) from returning to
Burundi in safety; and
(3) Permitting nationals of Burundi (and aliens having no
nationality who last habitually resided in Burundi) to remain
temporarily in the Untied States is not contrary to the national
interest of the United States. 8 U.S.C. 1254a(b)(1) (A) and (C).
Accordingly, I order as follows:
(1) The designation of Burundi is extended under section
244(b)(3)(A) and (C) of the Act for the 12-month period spanning from
November 3, 1999, to November 2, 2000. 8 U.S.C. 1254a(b)(3)(A) and (C).
Nationals of Burundi (and aliens having no nationality who last
habitually resided in Burundi) who received TPS during the initial
designation period may apply for an extension of TPS during the
registration period lasting from November 9, 1999 until December 9,
1999.
(2) Burundi is redesignated under section 244(b)(1) of the Act for
TPS for a twelve-month period until November 2, 2000. 8 U.S.C.
1254a(b)(1). Nationals of Burundi (and aliens having no nationality who
last habitually resided in Burundi) who have been ``continuously
physically present'' and have ``continuously resided'' in the United
States since November 9, 1999, may apply for TPS within the
registration period, which begins November 9, 1999, and ends November
2, 2000.
(3) I estimate that there are no more than 500 nationals of Burundi
who have been granted TPS and who are eligible for re-registration, and
no more than 500 nationals of Burundi who do not have TPS and are
eligible for TPS under this redesignation.
(4) In order to maintain TPS, a national of Burundi (or an alien
having no nationality who last habitually resided in Burundi) who
currently has TPS must re-register by filing Form I-821, together with
Form I-765, within the period beginning November 9, 1999 and ending on
December 9, 1999. Late re-registration applications will be allowed
pursuant to 8 CFR 244.17(c). There is no fee for a Form I-821 filed as
part of the re-registration application. A Form I-765 must be filed
with the Form I-821. If the applicant requests employment
authorization, he or she must submit one hundred dollars ($100) 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.
(5) A national of Burundi (or an alien having no nationality who
last habitually resided in Burundi) filing for TPS under the
redesignation must file Form I-821, together with Form I-765, within
the period beginning November 9, 1999, and ending on November 2, 2000.
A fifty-dollar ($50) fee must accompany Form I-821. A twenty-five
dollar ($25) fingerprinting fee must also be submitted. If the
applicant requests employment authorization, he or she must submit one
hundred dollars ($100) 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
applicant can also request a fee waiver for the twenty-five dollar
($25) fee.
(6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney
General will review, at least 60 days before November 2, 2000, the
designation of Burundi 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 will be published in the Federal Register.
If there is an extension of designation, late initial registration for
TPS will be allowed only pursuant to the requirements of 8 CFR
244.2(f)(2).
(7) Information concerning the redesignation of Burundi under the
TPS program will be available at local INS offices upon publication of
this notice.
Dated: November 2, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-29248 Filed 11-8-99; 8:45 am]
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