[Federal Register Volume 64, Number 2 (Tuesday, January 5, 1999)]
[Notices]
[Pages 526-528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34848]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1965-98; AG Order No. 2202-98]
RIN 1115-AE26


Designation of Nicaragua Under Temporary Protected Status

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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

EFFECTIVE DATES: This designation is effective on January 5, 1999 and 
will remain in effect until July 5, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Residence and Status 
Branch, Adjudications, Immigration and Naturalization Service, 425 I 
Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-3228.

SUPPLEMENTARY INFORMATION:

What Is Temporary Protected Status?

    The TPS statute (section 244 of the Immigration and Nationality 
Act) grants eligible nationals of designated countries temporary 
immigration status. TPS beneficiaries are granted a stay of removal and 
work authorization for the designated TPS period and for any extensions 
of the designation. TPS does not lead to permanent resident status.

Why Is Nicaragua Being Designated for the TPS Program?

    Hurricane Mitch swept through Central America causing severe 
flooding and associated damage in Nicaragua. Based on a thorough review 
by the Departments of State and Justice, the Attorney General finds 
that, due to the environmental disaster and substantial disruption of 
living conditions caused by Hurricane Mitch, Nicaragua is unable, 
temporarily, to handle adequately the return of Nicaraguan nationals.

Who Is Eligible for Nicaraguan TPS?

    Nationals of Nicaragua (or aliens having no nationality who last 
habitually resided in Nicaragua) who have been ``continuously 
physically present'' since January 5, 1999 and have ``continuously 
resided'' in the United States since December 30, 1998, may apply for 
TPS within the registration period which begins on January 5, 1999 and 
ends on July 5, 1999.
    Any national of Nicaragua 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. Denial of an application for asylum or any other 
immigration benefit does not affect an alien's ability to register for 
TPS, although the grounds of denial may also lead to denial of TPS. For 
example, an alien who has been convicted of an aggravated felony is not 
eligible for asylum or TPS.
    An alien who is granted TPS is eligible to register for any 
extension of the TPS program that may be made. However, nationals of 
Nicaragua who do not file a TPS application during the initial 
registration period will have to satisfy the requirements for late 
initial registration under 8 CFR 244.2(f)(2) in order to be eligible 
for TPS registration during any extension of designation. The 
requirements for late initial registration specify:
    (1) that the applicant must have been in valid immigrant or 
nonimmigrant status during the initial registration period, or
    (2) had an application for relief from removal or change of status 
pending or under review during the initial registration period, and
    (3) must register no later than sixty (60) days from the expiration 
of such status or pendency of such application.

How Do I register for TPS?

------------------------------------------------------------------------
                   If                                  Then
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You are a national of Nicaragua (or an   You must complete and file: (1)
 alien having no nationality who last     Form I-821, Application for
 habitually resided in Nicaragua)         Temporary Protected Status
 registering for TPS and employment       ($50 filing fee), (2) Form I-
 authorization.                           765, Application for
                                          Employment Authorization ($100
                                          filing fee), and (3) $25
                                          Fingerprint Fee
You already have employment              You must complete and file: (1)
 authorization or do not require          Form I-821 with $50 filing
 employment authorization.                fee, (2) Form I-765,
                                          Application for Employment
                                          with no filing fee, and (3)
                                          $25 Fingerprint Fee

[[Page 527]]

 
You are registering for TPS and          You must complete and file: (1)
 employment authorization and are         Appropriately documented fee
 requesting a fee waiver.                 waiver request and requisite
                                          affidavit (and any other
                                          information) in accordance
                                          with 8 CFR 244.20, (2) Form I-
                                          821, and (3) Form I-765. (4)
                                          $25 Fingerprint Fee. There is
                                          no fee waiver for the
                                          Fingerprint Fee.
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    To register for TPS for all conditions described in the above 
chart, you 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 of residence).

Where Should I Register for TPS?

    Nationals of Nicaragua (or eligible aliens who have no nationality 
and who last habitually resided in Nicaragua) must register for TPS by 
submitting an application to the INS Service Center that has 
jurisdiction over where the applicant lives.
    If you live in Connecticut, Delaware, the District of Columbia, 
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, West 
Virginia, or in the U.S. Virgin Islands, mail your application to:
Vermont Service Center, ATTN: TPS, 75 Lower Welden Street, St. Albans, 
VT 05479.
    If you live in Arizona, California, Guam, Hawaii or Nevada, mail 
your application to:
California Service Center, ATTN: TPS, 24000 Avila Road, 2nd Floor, 
Laguna Niguel, CA 92677-8111.
    If you live in Alabama, Arkansas, Florida, Georgia, Kentucky, 
Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South 
Carolina, Tennessee, or Texas, mail your application to:
Texas Service Center, P.O. Box 850997, Mesquite, TX 75185-0997.
    If you live elsewhere in the United States, please mail your 
application to:
Nebraska Service Center, P.O. Box 87821, Lincoln, NE 68501-7821.

As a Nicaraguan National, Can I File an Application for Adjustment 
of Status to That of Lawful Permanent Resident Under the Nicaraguan 
Adjustment and Central American Relief Act (NACARA), and Also File 
an Application for TPS?

    Yes. Nicaraguans can apply for either TPS or adjustment under 
section 202 of NACARA, or both. The filing of an application for TPS or 
a grant of TPS status will not have any adverse effect on applications 
for relief under NACARA.

What Is the Difference Between These Two Programs?

    Temporary Protected Status is, as its name implies, temporary 
protection from removal during the designation period(s). It is not a 
permanent entitlement to remain in the country or permanent relief from 
removal. Under section 244(b)(1) of the Act, the publication of this 
notice permits nationals of Nicaragua (or aliens having no nationality 
who last habitually resided in Nicaragua) who have been ``continuously 
physically present'' since January 5, 1999 and have ``continuously'' 
resided in the United States since December 30, 1998 to apply for TPS 
within the registration period which begins on January 5, 1999 and ends 
on July 5, 1999. A national of Nicaragua granted TPS can lawfully 
remain in the United States during the designated period and is 
entitled to employment authorization.
    In contrast to TPS, section 202 of NACARA provides an avenue for 
certain Nicaraguans and their Nicaraguan and Cuban national dependents 
to apply for permanent relief from removal. The interim rule governing 
applications for adjustment to permanent resident status under section 
202 of NACARA was published in the Federal Register on May 21, 1998, at 
63 FR 27823. A Nicaraguan is eligible to adjust his or her status to 
that of lawful permanent resident if:
    (1) it can be established that he or she has been continuously 
physically present in the United States since December 1, 1995 (not 
counting absences totaling 180 days or less);
    (2) he or she is not inadmissible to the United States under all 
provisions of section 212(a) of the Act not excepted by section 
202(a)(1)(B) of NACARA; and
    (3) he or she applies for such adjustment prior to April 1, 2002.
    If an adjustment application under section 202 of NACARA is 
approved, the applicant will receive lawful permanent resident (LPR) 
status. A person who is an LPR may apply to become a United States 
citizen after the requisite time.
    Nicaraguans who are interested in either or both programs are urged 
to review the specific eligibility and filing requirements for those 
programs before applying.

Notice of Designation of Nicaragua 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. 1254a), I 
find, after consultation with the appropriate agencies of the 
Government, that:
    (1) There exists an environmental disaster in Nicaragua, and, due 
to this disaster, which has substantially disrupted living conditions, 
Nicaragua is unable, temporarily, to handle adequately the return of 
Nicaraguan nationals (or aliens having no nationality who last 
habitually resided in Nicaragua);
    (2) Nicaragua officially has requested that it be granted a TPS 
designation; and
    (3) Permitting nationals of Nicaragua (or aliens having no 
nationality who last habitually resided in Nicaragua) 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) Nicaragua is designated for TPS under section 244(b)(1)(B) of 
the Act. Nationals of Nicaragua (or aliens having no nationality who 
last habitually resided in Nicaragua) who have been ``continuously 
physically present'' since January 5, 1999 and have ``continuously 
resided'' in the United States since December 30, 1998, may apply for 
TPS within the registration period which begins on January 5, 1999 and 
ends on July 5, 1999.
    (2) I estimate that there are no more than 45,000 to 70,000 
nationals of Nicaragua (or aliens having no nationality who last 
habitually resided in Nicaragua) in the United States who are eligible 
for TPS.
    (3) Except as may otherwise be provided, applications for TPS by 
nationals of Nicaragua (or aliens having no nationality who last 
habitually resided in Nicaragua) 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 January 5, 1999 and 
will remain in effect until July 5, 1999.
    (4) A fee prescribed in 8 CFR 103.7(b)(1) (fifty dollars ($50)) 
will be

[[Page 528]]

charged for each Application for Temporary Protected Status, Form I-
821, filed during the registration period.
    (5) A fee prescribed in 8 CFR 103.7(b)(1) (one hundred dollars 
($100)) will be charged for each Application for Employment 
Authorization, Form I-765, filed by an alien requesting employment 
authorization. An alien who already has employment authorization or who 
does not wish to request employment authorization must nevertheless 
file Form I-765, together with Form I-821, for data gathering purposes. 
In such cases, however, no fee needs to be submitted with Form I-765.
    (6) A fee prescribed in 8 CFR 107.7(b)(1) (twenty-five dollars 
($25)) for fingerprinting must be submitted with the Form I-821.
    (7) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before July 5, 2000, the 
conditions in Nicaragua to determine whether the conditions for 
designation of Nicaragua under the TPS program 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 be 
allowed only pursuant to the requirements of 8 CFR 244.2(f)(2).

Where Can I Obtain Information About the TPS program?

    Information concerning the TPS program for nationals of Nicaragua 
(or aliens having no nationality who last habitually resided in 
Nicaragua) will be available at the Service Internet Website, located 
at www.ins.usdoj.gov, the Application Support Center Information Line, 
at 1-888-557-5398, and at local Immigration and Naturalization Service 
offices upon publication of this notice.
    Dated: December 31, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-34848 Filed 12-31-98; 3:02 pm]
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