[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Pages 42991-42992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20279]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 2009-99; AG Order No. 2239-99]


Extension of the Registration Period for Hondurans and 
Nicaraguans Under the Temporary Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: On January 5, 1999, the Attorney General designated Honduras 
and Nicaragua under the Temporary Protected Status (TPS) program for a 
period of 18 months. Under the terms of the designation, applicants 
could apply for TPS during the registration period lasting from January 
5, 1999, through July 5, 1999. this notice extends the registration 
period until August 20, 1999. Applications must be received with the 
appropriate fee for a fee waiver request by the Immigration and 
Naturalization Service (Service) service center with jurisdiction over 
the applicant's place of residence by close of business on August 20, 
1999. The extension of the registration period does not extend the 
period of the designation. In order to be eligible for TPS under the 
Honduras or Nicaragua designations, applicants must demonstrate that 
they have been continuously present in the United States since January 
5, 1999, and have continuously resided in the United States since 
December 30, 1998. The Service is extending the registration period to 
allow eligible applicants who have not yet filed an application an 
additional 45 days to register for TPS. There will be no further 
extension of the registration deadline.

DATES: This notice is effective July 7, 1999.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Immigration and 
Naturalization Service, Adjudications Division, 425 I Street, NW, Room 
3040, Washington, DC 20536, telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION: 

When did the Attorney General designate Honduras and Nicaragua 
under the TPS Program?

    On January 5, 1999, the Attorney General designated Honduras and

[[Page 42992]]

Nicaragua under the TPS program for a period of 18 months in two 
separate Federal Register notices. See 64 FR 524; 64 FR 526. The 
registration period for these designations was limited to 180 days, 
from January 5, 1999, to July 5, 1999.

What authority does the Service have to extend the registration 
period?

    Section 244(c)(1)(A)(iv) of the Immigration and Nationality Act, as 
amended (Act), authorizes the Attorney General to provide TPS 
applicants a ``registration period of not less than 180 days'' and 
requires aliens to register ``to the extent and in a manner which the 
Attorney General establishes.'' 8 U.S.C. 1254a(c)(1)(A)(iv). The 
registration period for Hondurans and Nicaraguans under the TPS Program 
initially lasted for 180 days, from January 5, 1999, to July 5, 1999. 
Under section 244(c)(1)(A)(iv) of the Act, the Attorney General has 
decided to extend the registration period for an additional 45 days, 
until August 20, 1999. 8 U.S.C. 1254a(c)(1)(A)(iv).

Why is the Attorney General extending the registration period?

    The Attorney General is extending the registration period in order 
to provide those applicants hoe have not yet filed an application for 
TPS under the Honduras or Nicaragua programs with an additional 45 days 
in which to gather and submit the documentation necessary to provide 
eligibility for TPS. The Attorney General has been advised that 
Honduran and Nicaraguan applicants have been having difficulty 
obtaining nationality and identity documents. This action is not a 
redesignation of TPS and does not expand the designation to include 
Hondurans and Nicaraguans who entered the country after December 30, 
1998. There will be no further extensions of the registration period.

Can I apply for TPS even if I do not have all of the necessary 
documentation?

    Yes. Applicants do not need to wait to apply for TPS until they 
have obtained all of the evidence necessary to establish their 
eligibility. The application, Form I-821, Application for Temporary 
Protected Status, contains instructions for applicants who cannot 
obtain identity and nationality documentation. Applicants who do not 
submit appropriate documentation establishing identity or nationality 
with their applications must, under the regulations, submit an 
affidavit showing proof of unsuccessful efforts to obtain the 
documents, explaining why the consular process was unavailable to them, 
and affirming that they are nationals of Honduras or Nicaragua (or 
aliens having no nationality who last habitually resided in either 
Honduras or Nicaragua). Applicants who submit an affidavit and receive 
the proper documentation prior to adjudication may provide the missing 
documentation to the Service. While the Service encourages applicants 
to submit proper documentation with their applications, the Service 
will only accept and process applications received on or before the 
extended August 20, 1999, registration deadline. To be considered 
properly filed, an application must be received, with the appropriate 
fee or a fee waiver request, at the service center with jurisdiction 
over the applicant's place of residence by close of business on August 
20, 1999.

What happens to an application that is submitted without the proper 
fee or the fee waiver request is denied?

    Applications submitted without the proper fee will be rejected and 
returned to the applicant. The Service will also reject and return to 
the applicant any application in which a fee waiver request has been 
denied.

Can I apply for TSP after the end of the registration period?

    In addition to timely registration, late registration is possible 
for some persons under 8 CFR 244.2. The requirements for late 
registration specify that at the time of the initial registration 
period the applicant must (1) have been in valid nonimmigrant status or 
been granted relief from removal, (2) have had an application for 
change of status, adjustment of status, asylum, voluntary departure, or 
any relief from removal which is pending or subject to further review 
or appeal, (3) have been a parolee or had a pending request for 
reparole, or (4) have been a spouse or child of an alien currently 
eligible to be a TPS registrant. 8 CFR 244.2(f)(2). An applicant for 
late registration must register no later than 60 days from the 
expiration or termination of the qualifying condition. 8 CFR 244.2(g).

    Dated: July 25, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-20279 Filed 8-5-99; 8:45 am]
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