[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Notices]
[Pages 59735-59736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29079]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1775-96; AG Order No. 2124-97]
RIN 1115-AE26


Designation of Burundi Under Temporary Protected Status

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: Under section 244 of the Immigration and Nationality Act, as 
amended, (the Act), the Attorney General is authorized to grant 
Temporary Protected Status (TPS) in the United States to eligible 
nationals of designated foreign states (and to eligible aliens who have 
no nationality and who last habitually resided in a designated state) 
upon a finding that such states are experiencing ongoing civil strife, 
environmental disaster, or certain other extraordinary and temporary 
conditions. This notice designates Burundi for TPS pursuant to section 
244(b)(1) of the Act.

EFFECTIVE DATES: This designation is effective on November 4, 1997 and 
will remain in effect until November 3, 1998.

FOR FURTHER INFORMATION CONTACT: Ronald Chirlin, Adjudications Officer, 
Immigration and Naturalization Service, 425 I Street, NW., Room 3214, 
Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION: Burundians desiring safe haven in the United 
States should apply for Temporary Protected Status during the initial 
registration period being announced now, unless they would be eligible 
for late initial registration under 8 CFR 244.2(f)(2) (formerly 
Sec. 240.2(f)(2)) and they choose to wait. This recommendation applies 
to any Burundian who has already applied for, or plans to apply for, 
asylum but whose asylum application has not yet been approved.
    An application for Temporary Protected Status does not preclude or 
adversely affect an application for asylum or any other immigration 
benefit. Burundians who apply for TPS during the initial registration 
period will remain eligible to re-register if the designation of TPS is 
extended, even if an application for asylum or another immigration 
benefit is denied. However, without a TPS application during the 
initial registration period, only those Burundians who satisfy the 
requirements for late initial registration under 8 CFR 244.2(f)(2) 
(formerly Sec. 240.2(f)(2)) would be eligible for TPS registration 
during any extension of designation.
    Burundians who already have employment authorization, including 
some asylum applicants, and Burundians who have no need for employment 
authorization, including minor children, may register for TPS by filing 
an Application for Temporary Protected Status, Form I-821, which 
requires a filing fee. The Application for Temporary Protected Status, 
Form I-821, must always be accompanied by an Application for Employment 
Authorization, Form I-765, which is required for data-gathering 
purposes. The appropriate filing fee must accompany Form I-765, unless 
a properly documented fee waiver request is submitted under 8 CFR 
244.20 (formerly Sec. 240.20) to the Immigration and Naturalization 
Service or the applicant does not request employment authorization.

Notice of Designation of Burundi Under Temporary Protected Status 
Program

    By the authority vested in me as Attorney General under section 244 
of the Immigration and Nationality Act, as amended (8 U.S.C.A. 1254 
(West Supp. 1997)), I find, after consultation with the appropriate 
agencies of the Government, that:
    (1) There exists an ongoing armed conflict in Burundi and 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;
    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

[[Page 59736]]

    (3) Permitting nationals of Burundi (and aliens having no 
nationality who last habitually resided in Burundi) to remain 
temporarily in the United States is not contrary to the national 
interest of the United States.
    Accordingly, it is ordered as follows:
    (1) Burundi is designated under sections 244(b)(1)(A) and (C) of 
the Act. 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 4, 1997 may apply for Temporary Protected 
Status within the registration period which begins on November 4, 1997 
and ends on November 3, 1998.
    (2) I estimate that there are no more than 500 nationals of Burundi 
(and aliens having no nationality who last habitually resided in 
Burundi) who are currently in nonimmigrant or unlawful status and 
therefore eligible for Temporary Protected Status.
    (3) Except as specificially provided in this notice, applications 
for TPS by nationals of Burundi (and aliens having no nationality who 
last habitually resided in Burundi) must be filed pursuant to the 
provisions of 8 CFR part 244. Aliens who wish to apply for TPS must 
file an Application for Temporary Protected Status, Form I-821, 
together with an Application for Employment Authorization, Form I-765, 
during the registration period, which begins on November 4, 1997 and 
will remain in effect until November 3, 1998.
    (4) A fee of fifty dollars ($50) will be charged for each 
Application for Temporary Protected Status, Form I-821, filed during 
the registration period.
    (5) The fee prescribed in 8 CFR 103.7(b)(1), which is currently 
seventy dollars ($70), will be charged for each Application for 
Employment Authorization, Form I-765, filed by an alien requesting 
employment authorization. An alien who does not request employment 
authorization must nevertheless file Form I-765, together with Form I-
821, for informational purposes, but in such cases Form I-765 will be 
without fee.
    (6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before November 3, 1998, the 
designation of Burundi under the TPS program to determine whether the 
conditions for designation continue to exist. Notice of that 
determination, including the basis for the determination, will be 
published in the Federal Register. If there is an extension of 
designation, late initial registration for TPS shall only be allowed 
pursuant to the requirements of 8 CFR 244.2(f)(2).
    (7) Information concerning the TPS program for nationals of Burundi 
(and aliens having no nationality who last habitually resided in 
Burundi) will be available at local Immigration and Naturalization 
Service offices upon publication of this notice.

    Dated: October 28, 1997.
Janet Reno,
Attorney General.
[FR Doc. 97-29079 Filed 11-3-97; 8:45 am]
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