[Federal Register Volume 63, Number 163 (Monday, August 24, 1998)]
[Notices]
[Pages 45092-45093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22580]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1937-98; AG Order No. 2174-98]


Extension of Designation of Bosnia-Hercegovina Under Temporary 
Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice extends, until August 10, 1999, the Attorney 
General's designation of Bosnia-Hercegovina under the Temporary 
Protected Status (TPS) program provided for in section 244 of the 
Immigration and Nationality Act, as amended (Act). Accordingly, 
eligible aliens who are nationals of Bosnia-Hercegovina (or who have no 
nationality and who last habitually resided in Bosnia-Hercegovina) may 
re-register for TPS and extension of employment authorization. This re-
registration is limited to persons who registered for the initial 
period of TPS, which ended on August 10, 1993.

EFFECTIVE DATES: This extension of designation is effective August 11, 
1998, and will remain in effect until August 10, 1999. The re-
registration procedures become effective August 24, 1998, and will 
remain in effect until September 22, 1998.

FOR FURTHER INFORMATION CONTACT:
George Raftery, Residence and Status Branch, Adjudications, Immigration 
and Naturalization Service, Room 3214, 425 I Street, NW., Washington, 
DC 20536, telephone (202) 305-3199.

SUPPLEMENTARY INFORMATION: 

Background

    Subsection 308(b)(7) of the Illegal Immigration Reform and 
Immigration Responsibility Act, Pub. L. 104-208, dated September 30, 
1996, redesignated section 244A of the Act as section 244 of the Act. 
Under this section, the Attorney General continues to be authorized to 
grant TPS to eligible aliens who are nationals of a foreign state 
designated by the Attorney General (or who have no nationality and last 
habitually resided in that state). The Attorney General may designate a 
state upon finding that the state is experiencing ongoing armed 
conflict, environmental disaster, or certain other extraordinary and 
temporary conditions that prevent nationals or residents of the country 
from returning in safety.
    On August 10, 1992, the Attorney General designated Bosnia-
Hercegovina for Temporary Protected Status for a period of 12 months 
(57 FR 35604). The Attorney General has extended the designation of 
Bosnia-Hercegovina under the TPS program several times. Last year she 
extended the designation for an additional 12-month period until August 
10, 1998 (62 FR 41420).
    Based on a thorough review by the Department of State and Justice 
of all available evidence, the Attorney General finds that the armed 
conflict in Bosnia-Hercegovina continues and that, due such conflict, 
requiring the return of nationals to Bosnia-Hercegovina would pose a 
serious threat to their personal safety.
    This notice extends the designation of Bosnia-Hercegovina under the 
Temporary Protected Status program for an additional 12 months, in 
accordance with subsections 244(b)(3) (A) and (C) of the Act. This 
notice also describes the procedures with which eligible aliens who are 
nationals of Bosnia-Hercegovina (or who have no nationality and who 
last habitually

[[Page 45093]]

resided in Bosnia-Hercegovina) must comply in order to re-register for 
TPS.
    In addition to timely re-registrations and late re-registrations 
authorized by this notice's extension of Bosnia-Hercegovina's TPS 
designation, late initial registrations are possible for some Bosnians 
under 8 CFR 244.2(f)(2). Such late initial registrants must have been 
``continuously physically present'' in the United States since August 
10, 1992, must have had a valid immigrant or nonimmigrant status during 
the original registration period or have an application for status 
pending during the initial registration period, and must register no 
later than 30 days from the expiration of such status. Any national of 
Bosnia-Hercegovina who has already applied for, or plans to apply for, 
asylum but whose asylum application has not yet been approved may also 
apply for TPS. An application for TPS does not preclude or adversely 
affect an application for asylum or any other immigration benefit.
    Nationals of Bosnia-Hercegovina (or aliens having no nationality 
who last habitually resided in Bosnia-Hercegovina) who have been 
continuously physically present and have continuously resided in the 
United States since August 10, 1992, may re-register for TPS within the 
registration period which begins on August 24, 1998, and ends on 
September 22, 1998.
    Nationals of Bosnia-Hercegovina may register for TPS by filing an 
Application for Temporary Protected Status, Form I-821, which requires 
a filing fee (instructions regarding the payment of fees for re-
registration are contained in paragraph 5 of this notice). 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. TPS applicants who 
already have employment authorization, including some asylum 
applicants, and those who have no need for employment authorization, 
including minor children, need only pay the I-821 fee although they 
must complete and file the I-765. In all other cases, the appropriate 
filing fee must accompany Form I-765, unless a properly documented fee 
waiver request is submitted under 8 CFR 244.20 to the Immigration and 
Naturalization Service. Notice of Extension of Designation of Bosnia-
Hercegovina Under the Temporary Protected Status Program
    By the authority vested in me as Attorney General under section 244 
of the Act (8 U.S.C. 1254), and pursuant to subsections 244(b)(3)(A) 
and (C) of the Act, I had consultations with the appropriate agencies 
of the Government concerning (a) the conditions in Bosnia-Hercegovina; 
and (b) whether permitting nationals of Bosnia-Hercegovina (and aliens 
having no nationality who last habitually resided in Bosnia-
Hercegovina) to remain temporarily in the United States is contrary to 
the national interest of the United States. As a result, I determine 
that the conditions for the original designation of Temporary Protected 
Status for Bosnia-Hercegovina continue to be met. Accordingly, it is 
ordered as follows:
    (1)) The designation of Bosnia-Hercegovina under subsection 244(b) 
of the Act is extended for an additional 12-month period from August 
11, 1998, to August 10, 1999.
    (2) I estimate that there are approximately 400 nationals of 
Bosnia-Hercegovina (and aliens having no nationality who last 
habitually resided in Bosnia-Hercegovnia) who have been granted 
Temporary Protected Status and who are eligible for re-registration.
    (3) In order to maintain current registration for Temporary 
Protected Status, a national of Bosnia-Hercegovina (or an alien having 
no nationality who last habitually resided in Bosnia-Hercegovina) who 
received a grant of TPS during the initial period of designation, from 
August 10, 1992, to August 10, 1993, must comply with the re-
registration requirements contained in 8 CFR 244.17, which are 
described in pertinent part in paragraphs (4) and (5) of this notice.
    (4) A national of Bosnia-Hercegovina (or an alien having no 
nationality who last habitually resided in Bosnia-Hercegovina) who 
previously has been granted TPS, must re-register by filing a new 
Application for Temporary Protected Status, Form I-821, along with an 
Application for Employment Authorization, Form I-765, within the 30-day 
period beginning on August 24, 1998, and ending on September 22, 1998, 
in order to be eligible for Temporary Protected Status during the 
period from August 11, 1998, until August 10, 1999. Late re-
registration applications will be allowed pursuant to 8 CFR 244.17(c).
    (5) There is no fee for 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 alien requests employment authorization for the extension 
period, the fee prescribed in 8 CFR 103.7(b)(1), currently seventy 
dollars ($70), or a properly documented fee waiver request pursuant to 
8 CFR 244.20, must accompany the Form I-765. An alien who does not 
request employment authorization must nonetheless file Form I-765 along 
with Form I-821, but in such cases no fee will be charged.
    (6) Pursuant to subsection 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before August 10, 1999, the 
designation of Bosnia-Hercegovina under the TPS program to determine 
whether the conditions for designation continue to be met. Notice of 
that determination, including the basis for the determination, will be 
published in the Federal Register.
    (7) Information concerning the TPS program for nationals of Bosnia-
Hercegovina (and aliens having no nationality who last habitually 
resided in Bosnia-Hercegovina) will be available at local Immigration 
and Naturalization Service offices upon publication of this notice.

    Dated: August 14, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-22580 Filed 8-21-98; 8:45 am]
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