[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Notices]
[Pages 59334-59336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29396]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1957-98; AG Order No. 2189-98]
RIN 1115-AE 26


Extension of Designation of Burundi Under Temporary Protected 
Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice extends, until November 3, 1999, the Attorney 
General's designation of Burundi under the Temporary Protected Status 
(TPS) program provided for in section 244 of the Immigration and 
Nationality Act (Act). Accordingly, eligible aliens who are nationals 
of Burundi (or who have no nationality and who last habitually

[[Page 59335]]

resided in Burundi) may re-register for TPS and are eligible for an 
extension of employment authorization. This re-registration is limited 
to persons who registered for the initial period of TPS, which ends on 
November 3, 1998, or are eligible for late initial registration.

EFFECTIVE DATES: This extension of designation is effective November 4, 
1998, and will remain in effect until November 3, 1999. The re-
registration procedures become effective November 3, 1998, and will 
remain in effect until December 2, 1998.

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) 
514-3228.

SUPPLEMENTARY INFORMATION:

Background

    Subsection 308(b)(7) of the Illegal Immigration Reform and 
Immigrant Responsibility Act, Public Law 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 other extraordinary and temporary 
conditions that prevent nationals or residents of the country from 
returning in safety.
    On November 4, 1997, the Attorney General designated Burundi for 
Temporary Protected Status for a period of 12 months (62 FR 59735).
    Based on a thorough review by the Departments of State and Justice 
of all available evidence, the Attorney General finds that the ongoing 
armed conflict in Burundi continues and that, due to such armed 
conflict, requiring the return of nationals to Burundi would pose a 
serious threat to their personal safety.
    This notice extends the designation of Burundi under the Temporary 
Protected Status program for an additional 12 months from November 4, 
1998, to November 3, 1999, 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 Burundi (or who have no 
nationality and who last habitually resided in Burundi) 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 the Burundi TPS designation, 
late initial registrations are possible for some Burundians under 8 CFR 
244.2(f)(2). Such late initial registrants must have been 
``continuously physically present'' and have ``continuously resided'' 
in the United States since November 4, 1997, must have had a valid 
immigrant or nonimmigrant status during the original registration 
period or have had an application for such status pending during the 
initial registration period, and must register no later than 30 days 
from the expiration of such status.
    An application for TPS does not preclude or adversely affect an 
application for asylum or any other immigration benefit. Any national 
of Burundi 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.
    Nationals of Burundi (or 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 re-register for TPS within the registration 
period which beings on November 3, 1998, and ends on December 2, 1998.
    This notice concerns ``extension of TPS designation,'' not 
``redesignation of TPS.'' An extension of TPS designation does not 
change the required dates of continuous residence and continuous 
physical presence in the United States.
    Nationals of Burundi may re-register for TPS by filing an 
Application for Temporary Protected Status, Form I-821. There is no fee 
for the Form I-821 for re-registration. 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 fee for Form I-765 is one hundred 
dollars ($100). TPS applicants who already have employment 
authorization, including some asylum applicants, and those who have no 
need for employment authorization, including minor children, do not 
need to pay the fee for the I-765, must complete and file the I-765 but 
should submit no fee. In all other cases, the appropriate filing fee 
must accompany Form I-765, unless a properly documented fee waiver 
request under 8 CFR 244.20 is submitted to the Immigration and 
Naturalization Service.

Notice of Extension of Designation of Burundi 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 have consulted with the appropriate agencies of 
the Government concerning whether the conditions under which Burundi 
was designated for TPS continue to exist. As a result, I have 
determined that the conditions for the original designation of 
Temporary Protected Status for Burundi continue to be met. Accordingly, 
it is ordered as follows:
    (1) The designation of Burundi under subsection 244(b) of the Act 
is extended for an additional 12-month period lasting from November 4, 
1998, to November 3, 1999.
    (2) I estimate that there are approximately 400 nationals of 
Burundi (and aliens having no nationality who last habitually resided 
in Burundi) 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 Burundi (or an alien having no 
nationality who last habitually resided in Burundi) who received a 
grant of TPS during the initial period of designation, from November 4, 
1997, to November 3, 1998, 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 Burundi (or an alien having no nationality who 
last habitually resided in Burundi) who previously has been granted 
TPS, must re-register for TPS 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 
November 3, 1998, and ending on December 2, 1998 in order to be 
eligible for Temporary Protected Status during the period from November 
4, 1998, until November 3, 1999. Late re-registration may be allowed 
when good cause is shown for a failure to timely re-register pursuant 
to 8 CFR 244.17(c).
    (5) A national of Burundi (or an alien having no nationality who 
last habitually resided in Burundi) may submit a late initial 
registration under 8 CFR 244.2(f)(2), if the alien has been 
``continuously physically present'' and ``continuously resided'' in the 
United States since November 4, 1997, had a

[[Page 59336]]

valid immigrant or nonimmigrant status during the original registration 
period or had an application for such status pending during the initial 
registration period, and registers no later than 30 days from the 
expiration of such status.
    (6) There is no fee for Form I-821 filed as part of the re-
registration application. Late initial registrants must submit a Form 
I-821 with the prescribed filing fee of fifty dollars ($50). 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) or a properly documented fee waiver request pursuant to 8 
CFR 244.20, must accompany the Form I-765. The prescribed fee for the 
Form I-765 is one hundred dollars ($100). 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.
    (7) Pursuant to subsection 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before November 3, 1999, the 
designation of Burundi 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.
    (8) 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 29, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-29396 Filed 10-29-98; 8:45 am]
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