[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Notices]
[Pages 12181-12182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6055]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1960-98; AG Order No. 2211-99]
RIN 1115-AE26


Designation of Guinea-Bissau Under Temporary Protected Status

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice designates Guinea-Bissau 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 a finding that such states are 
experiencing ongoing civil strife, environmental disaster, or other 
extraordinary and temporary conditions.

EFFECTIVE DATES: This designation is effective on March 11, 1999 and 
will remain in effect until March 10, 2000.

FOR FURTHER INFORMATION CONTACT: Michale 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:

Background

Who is Eligible for TPS?

    Based on a thorough review by the Departments of State and Justice, 
the Attorney General finds that there is ongoing civil strife in 
Guinea-Bissau which constitutes extraordinary and temporary conditions 
that prevent aliens who are nationals from returning to Guinea-Bissau 
is safety. The Attorney General further finds that permitting such 
aliens to remain temporarily in the United States is not contrary to 
the national interest of the United States.
    Nationals of Guinea-Bissau (or aliens having no nationality who 
last habitually resided in Guinea-Bissau) who have been continuously 
physically present and have continuously resided in the United States 
since March 11, 1999 may apply for the TPS within the registration 
period which begins on March 11, 1999 and ends on March 10, 2000.
    Any national of Guinea-Bissau who has already applied for, or plans 
to apply for, asylum by 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 
Guinea-Bissau 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 that the applicant 
must have been in valid status during the initial registration period 
and must register no later than thirty (30) days from the expiration of 
such status.

How do I Register for TPS?

    Nationals of Guinea-Bissau may register for TPS by filing an 
Application

[[Page 12182]]

for Temporary Protected Status, Form I-821, with a fifty dollar ($50) 
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 TPS applicants who already have employment authorization, 
including some asylum applicants, and those who have no need for 
employment authorization, such as minor children, need pay only the I-
821 fee although they must complete and file the I-765. In all other 
cases, the appropriate filing fee, one hundred dollars ($100), 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 or the applicant does not wish to obtain employment 
authorization.

Notice of Designation of Guinea-Bissau 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 ongoing civil strife in Guinea-Bissau which 
constitutes extraordinary and temporary conditions that prevent aliens 
who are nationals (as well as aliens having no nationality who last 
habitually resided in Guinea-Bissau) from returning to Guinea-Bissau in 
safety; and
    (2) Permitting nationals of Guinea-Bissau (or aliens having no 
nationality who last habitually resided in Guinea-Bissau) 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) Guinea-Bissau is designated for TPS under section 244(b)(1)(C) 
of the Act. Nationals of Guinea-Bissau (or aliens having no nationality 
who last habitually resided in Guinea-Bissau) who have been 
continuously physically present and have continuously resided in the 
United States since March 11, 1999 may apply for TPS within the 
registration period, which begins on March 11, 1999 and ends on March 
10, 2000.
    (2) I estimate that there are no more than 300 nationals of Guinea-
Bissau (or aliens having no nationality who last habitually resided in 
Guinea-Bissau) in the United States who are eligible for TPS.
    (3) Except as may otherwise be provided, applications for TPS by 
nationals of Guinea-Bissau (or aliens having no nationality who last 
habitually resided in Guinea-Bissau) 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 March 11, 1999 and will 
remain in effect until March 10, 2000.
    (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) The 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 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) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before March 10, 2000, the 
conditions in Guinea-Bissau to determine whether the conditions for 
designation of Guinea-Bissau 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).
    (7) Information concerning the TPS program for nationals of Guinea-
Bissau (or aliens having no nationality who last habitually resided in 
Guinea-Bissau) will be available at local Immigration and 
Naturalization Service offices upon publication of this notice.

    Dated: March 5, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-6055 Filed 3-10-99; 8:45 am]
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