[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Notices]
[Pages 30542-30545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14507]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[IND No. 1986-99; AG Order No. 2227-99]
RIN 1115-AE 26


Extension and Redesignation of the Province of Kosovo in the 
Republic of Serbia in the State of the Federal Republic of Yugoslavia 
(Serbia-Montenegro) Under Temporary Protected Status

agency: Immigration and Naturalization Service, Justice.

action: Notice.

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summary: On June 9, 1998 the Attorney General designated Kosovo 
Province in the Republic of Serbia in the State of the Federal Republic 
of Yugoslavia (Serbia-Montenegro) under the Temporary Protected Status 
(TPS) program. This designation allowed eligible nationals of Kosovo 
Province (and aliens having no nationality who last habitually resided 
in Kosovo Province) who have continuously resided in the United States 
since that date to apply for TPS through June 8, 1999. This notice 
extends the TPS designation for Kosovo Province for 12 months (until 
June 8, 2000) and provides procedures for nationals of Kosovo Province 
(and aliens having no nationality who last habitually resided in Kosovo 
Province) with TPS to re-register for the additional 12-month TPS 
period. This notice also redesignated Kosovo Province under the TPS 
program, thereby expanding TPS eligibility to include nationals of 
Kosovo Province (and aliens having no nationality who last habitually 
resided in Kosovo Province) who have been ``continuously present in the 
United States'') and who have ``continuously resided in the United 
States'' since June 18, 1999.
effective dates:

[[Page 30543]]

1. Extension of Designation and Re-Registration

    Because the initial grant of TPS expires on June 8, 1999, the 
extension is effective on June 9, 1999, and lasts until June 8, 2000. 
Nationals of Kosovo Province (and aliens having no nationality who last 
habitually resided in Kosovo Province) who already have TPS must re-
register for TPS during the period lasting from June 8, 1999, until 
July 8, 1999.

2. Redesignation

    The redesignation of Kosovo Province for TPS is effective June 8, 
1999, until June 8, 2000. The registration period for nationals of 
Kosovo Province for TPS under the redesignation begins on June 8, 1999, 
and will remain in effect until June 8, 2000.

for further information contact: Michael Valverde, Program Analyst, 
Immigration and Naturalization Service, Room 3040, 425 I Street, NW, 
Washington, DC 20536, telephone (202) 514-4754.

supplementary information:

What Is the Statutory Authority To Extend the Designation and 
Redesignate Kosovo Province Under the TPS Program?

    Section 244(b)(3)(A) of the Immigration and Nationality Act (the 
Act) states that at least 60 days before the end of a designation, the 
Attorney General must review conditions in the foreign state for which 
the designation is in effect. 8 U.S.C. 1254a(b)(3)(A). Under section 
244(b)(3)(C), the Attorney General may extend the initial TPS period 
based on a determination that the foreign state continues to meet the 
conditions for designation. 8 U.S.C. 1254a(b)(3)(C). Through such an 
extension, however, TPS continues to be available only to aliens who 
have been continuously physically present in the United States from the 
effective date of the initial designation, in this case since June 9, 
1998.
    However, section 244(b)(1) of the Act implicitly permits the 
Attorney General to make a new TPS designation for a foreign state (or 
part of a foreign state) that would affect non-covered aliens currently 
residing in the United States, rather than simply extending a prior TPS 
designation for previously eligible aliens. 8 U.S.C. 1254a(b)(1). 
Section 244(c)(1)(A)(i) states that an alien is eligible for TPS if he 
or she ``has been continuously physically present since the effective 
date of the most recent designation of that state.'' 8 U.S.C. 
1254a(c)(1)(A)(i).

Why Did the Attorney General Decide to Both Extend and Redesignate 
Kosovo Province Under the TPS Program?

    Due to the recent events in Kosovo Province and surrounding areas 
of the Federal Republic of Yugoslavia, the Attorney General and the 
Department of State have reexamined conditions in Kosovo Province. A 
recent Department of State report on conditions in that region found 
that, ``[g]iven the state of open war in Kosovo, the ongoing NATO air 
strikes in the Federal Republic of Yugoslavia (including Kosovo), and 
no indication of peaceful resolution, a resident of Kosovo now in the 
United States could not possibly return to Kosovo without incurring an 
extremely serious threat to his or her personal safety.'' Based on 
these and other findings, the Attorney General has determined that 
conditions in Kosovo Province have worsened since the initial 
designation and, as a result, has decided to extend and redesignate 
Kosovo Province under the TPS program. This will extend availability of 
TPS to include eligible nationals of Kosovo Province (and aliens having 
no nationality who last habitually resided in Kosovo Province) who 
arrived in the United States after the date of initial designation.

If I Currently Have TPS Through the Kosovo Province TPS Program, Do 
I Still Need to Re-Register for TPS?

    Yes. If you were granted TPS based on the initial designation of 
Kosovo Province, that status will expire on June 8, 1999. Accordingly, 
you must re-register for TPS in order to maintain your status through 
June 8, 2000. With re-registration, you do not need to pay the fifty-
dollar ($50) filing fee for the Form I-821.
    If you do not have TPS or have TPS but miss the re-registration 
period, you can still apply for TPS under the redesignation if you have 
been continuously physically present and have continuously resided in 
the United States since June 8, 1999. Under the redesignation you must 
pay the fifty-dollar ($50) fee for the Form I-821. See the two sets of 
registration instructions below for complete filing instructions.

If I Currently Have TPS, How Do I Register for an Extension?

    All applicants previously granted TPS under the Kosovo Province 
program may apply for an extension by filing a Form I-821 (without the 
fee) during the re-registration period that begins June 8, 1999 and 
ends July 8, 1999. Additionally, you must file a form I-765. See the 
chart below to determine whether or not you must submit the one 
hundred-dollar ($100) filing fee with the Form I-765.

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                   If                                  Then
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You are applying for employment          You must complete and file the
 authorization through June 8, 2000.      Form I-765. Application for
                                          Employment Authorization, with
                                          the one hundred-dollar ($100)
                                          fee.
You already have employment              You must complete and file the
 authorization or do not require          Form I-765, Application for
 employment authorization.                Employment Authorization,
                                          without a fee.
You are applying for employment          You must complete and file Form
 authorization and are requesting a fee   I-765 and an appropriately
 waiver.                                  documented fee waiver request
                                          and the requisite affidavit
                                          (and any other information),
                                          in accordance with 8 CFR
                                          244.20.
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To re-register for TPS, you also 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).

If I Do Not Currently Have TPS, How Do I Register?

    All applicants filing for TPS under the Kosovo program 
redesignation must apply by filing Form I-821 accompanied by the fifty-
dollar ($50) fee. Additionally, you must submit a twenty-five dollar 
($25) fingerprinting fee, as well as Form I-765. See the chart below to 
determine if you must also submit the one hundred-dollar ($100) filing 
fee under Form I-765, and for information on requesting a fee waiver.

[[Page 30544]]



------------------------------------------------------------------------
                   If                                  Then
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You are applying for employment          You must complete and file the
 authorization through June 8, 2000.      Form I-765. Application for
                                          Employment Authorization, with
                                          the one hundred-dollar ($100)
                                          fee.
You already have employment              You must complete and file the
 authorization or do not require          Form I-765, Application for
 employment authorization.                Employment Authorization,
                                          without a fee.
You are requesting a fee waiver for the  You must complete and file Form
 $50 fee for the Form I-821, $100 fee     I-821 and Form I-765 and an
 for the Form I-765, and $25              appropriately documented fee
 fingerprinting fee.                      waiver request and the
                                          requisite affidavit (and any
                                          other information), in
                                          accordance with 8 CFR 244.20.
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To register for TPS, you also 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).

When Must I Register for TPS?

Extension of TPS

    For nationals of Kosovo Province (and aliens having no nationality 
who last habitually resided in Kosovo Province) who already have TPS, 
the re-registration period begins June 8, 1999 and lasts until July 8, 
1999. If you have TPS from the original designation but do not file 
during the re-registration period, you can still file a new application 
for TPS under the redesignation, but you will need to follow the 
instructions for applying under the redesignation.

Registration Period Under the Redesignation

    The registration period for nationals of Kosovo Province applying 
for TPS under the redesignation begins June 8, 1999, and will remain in 
effect until June 8, 2000.

Where Must I File My Application for TPS Under This Extension and 
Redesignation?

    Applicants seeking to register for TPS or to extend their TPS must 
submit an application and accompanying materials to the Immigration and 
Naturalization Service (INS) Service Center that has jurisdiction over 
the applicant's place of residence.

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, PO Box 850997, Mesquite, TX 75185-0997.
If you live elsewhere in the United States, please mail your 
application to: Nebraska Service Center, PO Box 87821, Lincoln, NE 
68501-7821.

What Are the Requirements for Nationals of Kosovo Province to 
Demonstrate That They Have Been ``Continuously Physically Present'' 
and Have ``Continuously Resided'' in the United States?

    All initial applicant for TPS under the Kosovo Province 
redesignation will have to demonstrate ``continuous physical presence'' 
and ``continuous residence'' in the United States since June 8, 1999.
    ``Continuously physically present'' means actual physical presence 
in the United States for the entire period specified. However, an alien 
shall not be considered to have failed to maintain continuous physical 
presence in the United States by virtue of brief, casual, and innocent 
absences.
    ``Continuously resided'' means residing in the United States for 
the entire period. An alien will not be considered to have failed to 
maintain continuous residence in the United States by reason by a 
brief, casual, and innocent absence or absence due merely to a brief 
trip abroad required by emergency or extenuating circumstances outside 
the control of the alien.

Notice of Extension of Designation and Redesignation of Kosovo 
Province Under the TPS Program

    By the authority vested in me as Attorney General under section 244 
of the Act, and as required by subsections 244(b)(3) (A) and (C), and 
244(b)(1) of the Act, I find that there exist extraordinary and 
temporary conditions that prevent aliens who are nationals of Kosovo 
Province (and aliens having no nationality who last habitually resided 
in Kosovo Province) from returning Kosovo Province in safety, and that 
permitting nationals of Kosovo Province (and aliens having no 
nationality who last habitually resided in Kosovo Province) to remain 
temporarily in the United States is not contrary to the national 
interest. 8 U.S.C. 1254a(b)(3) (A) and (C); 8 U.S.C. 1254a(b)(1). 
Accordingly, I hereby order as follows:
    (1) The designation of Kosovo Province is extended under section 
244(b)(3) (A) and (C) of the Act for the 12-month period spanning from 
June 9, 1999, to June 8, 2000. 8 U.S.C. 1254a(b)(3) (A) and (C). 
Nationals of Kosovo Province (and aliens having no nationality who last 
habitually resided in Kosovo Province) who received TPS during the 
initial designation period may apply for an extension of TPS during the 
registration period lasting from June 8, 1999 until July 8, 1999.
    (2) Kosovo Province is redesignated under section 244(b)(1) of the 
Act for TPS until June 8, 2000. 8 U.S.C. 1254a(b)(1). Nationals of 
Kosovo Province (and aliens having no nationality who last habitually 
resided in Kosovo Province) who have been ``continuously physically 
present'' and have ``continuously resided'' in the United States since 
June 8, 1999, may apply for TPS within the registration period, which 
begins June 8, 1999, and ends June 8, 2000.
    (3) I estimate that there are no more than 5,000 nationals of 
Kovoso Province who have been granted TPS and who are eligible for re-
registration and no more than 3,000 nationals of Kosovo Province who do 
not have TPS and are eligible for TPS under this redesignation.
    (4) In order to maintain TPS, a national of Kosovo Province (or an 
alien having no nationality who last habitually resided in Kosovo 
Province) who currently has TPS must re-register by filing Form I-821, 
together with Form I-765, within the period beginning June 8, 1999 and 
ending on July 8, 1999. Late re-registration applications will be 
allowed pursuant to 8 CFR 244.17(c). There is no fee for a 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 applicant requests employment 
authorization, he or she must submit

[[Page 30545]]

one hundred dollars ($100) or a properly documented fee wavier request, 
pursuant to 8 CFR 244.20, with the Form I-765. An applicant who does 
not request employment authorization must nonetheless file Form I-765 
along with Form I-821, but is not required to submit a fee.
    (5) A national of Kosovo Province (or an alien having no 
nationality who last habitually resided in Kosovo Province) filing for 
TPS under the redesignation must File Form I-821, together with Form I-
765, within the period beginning June 8, 1999, and ending on June 8, 
2000. A fifty-dollar ($50) fee must accompany Form I-821. A twenty-
five-dollar ($25) fingerprinting fee must also be submitted. If the 
applicant requests employment authorization, he or she must submit one 
hundred dollars ($100) or a properly documented fee waiver request, 
pursuant to 8 CFR 244.20, with the Form I-765. An applicant 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. The 
applicant can also request a fee waiver for the twenty-five-dollar 
($25) fee.
    (6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before June 8, 2000, the 
designation of Kosovo Province under the TPS program to determine 
whether the conditions for designation continue to be met. 8 U.S.C. 
1254a(b)(3)(A). Notice of that determination will be published in the 
Federal Register. If there is an extension of designation, late initial 
registration for TSP will be allowed only pursuant to the requirements 
of 8 CFR 244.2(f)(2).
    (7) Information concerning the TPS redesignation program for 
nationals of Kosovo Province (and aliens having no nationality who last 
habitually resided in Kosovo Province) will be available at local INS 
offices upon publication of this notice.

    Dated: June 2, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-14507 Filed 6-7-99; 8:45 am]
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