[Federal Register Volume 64, Number 2 (Tuesday, January 5, 1999)] [Notices] [Pages 524-526] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-34849] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Immigration and Naturalization Service [INS No. 1964-98; AG Order No. 2201-98] RIN 1115-AE26 Designation of Honduras Under Temporary Protected Status AGENCY: Immigration and Naturalization Service, Justice. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice designates Honduras 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 Honduras Being Designated for the TPS Program? Hurricane Mitch swept through Central America causing severe flooding and associated damage in Honduras. 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, Honduras is unable, temporarily, to handle adequately the return of Honduran nationals. Who Is Eligible for Honduran TPS? Nationals of Honduras (or aliens having no nationality who last [[Page 525]] habitually resided in Honduras) who have been ``continuously physically present'' in the United States 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 Honduras 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 Honduras 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, (2) or 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 ------------------------------------------------------------------------ You are a national of Honduras (or an You must complete and file: (1) alien having no nationality who last Form I-821, Application for habitually resided in Honduras) 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 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. ------------------------------------------------------------------------ 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 Honduras (or eligible aliens who have no nationality and who last habitually resided in Honduras) 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. Notice of Designation of Honduras 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 Honduras, and, due to this disaster, which has substantially disrupted living conditions, Honduras is unable, temporarily, to handle adequately the return of Honduran nationals (or aliens having no nationality who last habitually resided in Honduras); (2) Honduras officially has requested that it be granted TPS designation; and (3) Permitting nationals of Honduras (or aliens having no nationality who last habitually resided in Honduras) 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) Honduras is designated for TPS under section 244(b)(1)(B) of the Act. Nationals of Honduras (or aliens having no nationality who last habitually resided in Honduras) 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 100,000 nationals of Honduras (or aliens having no nationality who last habitually resided in Honduras) in the United States who are eligible for TPS. (3) Except as may otherwise be provided, applications for TPS by nationals of Honduras (or aliens having no nationality who last habitually resided in Honduras) 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 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- [[Page 526]] 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 8 CFR 103.7(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 Honduras to determine whether the conditions for designation of Honduras 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 Find Information About the TPS Program? Information concerning the TPS program for nationals of Honduras (or aliens having no nationality who last habitually resided in Honduras) 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. 98-34849 Filed 12-31-98; 3:02 pm] BILLING CODE 4410-10-P