[Federal Register Volume 64, Number 154 (Wednesday, August 11, 1999)]
[Notices]
[Pages 43720-43722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20852]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 2006-99; AG Order No. 2240-99]
RIN 1115-AE26


Extension of Designation of Bosnia-Herzegovina Under the 
Temporary Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice extends the Attorney General's designation of 
Bosnia-Herzegovina under the Temporary Protected Status (TPS) program 
until August 10, 2000. Eligible nationals of Bosnia-Herzegovina (or 
aliens having no nationality who last habitually resided in Bosnia-
Herzegovina) may re-register for TPS and an extension of employment 
authorization. Re-registration is limited to persons who registered for 
the initial period of TPS, which ended on August 10, 1993,or who 
registered after that date under the late initial registration 
provision. Persons who are eligible for late initial registration may 
register for TPS during this extension.

EFFECTIVE DATES: The extension of the TPS designation for Bosnia-
Herzegovina is effective August 11, 1999, and will remain in effect 
until August 10, 2000. The 30-day re-registration period begins August 
11, 1999 and will remain in effect until September 10, 1999.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Residence and Status 
Services Branch, Adjudications, Immigration and Naturalization Service, 
Room 3214, 425 I Street, NW, Washington, DC 20536, telephone (202) 514-
4754.

SUPPLEMENTARY INFORMATION:

What Authority Does the Attorney General Have To Extend the 
Designation of Bosnia-Herzegovina Under the TPS Program?

    Section 244(b)(3)(A) of the Immigration and Nationality Act, as 
amended (the Act), states that at least 60 days before the end of an 
extension or 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, TPS continues to be 
available only to persons who have been continuously physically present 
and have continuously resided in the United States from the effective 
date of the initial designation, in this case since August 10, 1992.

Why Is the Attorney General Extending the TPS Designation for 
Bosnia-Herzegovina

    On August 10, 1992, the Attorney General designated Bosnia-
Herzegovina for TPS for a period of 12 months. 57 FR 35604. Since that 
date, the Department of State and the Department of Justice have 
annually reviewed conditions within Bosnia-Herzegovina and the Attorney 
General, based on these reviews, has extended TPS for that country each 
year. Based on this year's review, the Attorney General finds that 
extraordinary and temporary conditions that prevent nationals of 
Bosnia-Herzegovina from returning to their country in safety persist, 
and that, due to such conditions, extension of the designation of 
Bosnia-Herzegovina under the TPS program is warranted. 8 U.S.C. 
1254a(b)(1)(C).

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

    Persons previously granted TPS under the Bosnia-Herzegovina program 
may apply for an extension by filing a Form I-821, without the fee, 
during the re-registration period that begins August 11, 1999 and ends 
September 10, 1999. Additionally, you must file a Form I-765. See the 
chart below to determine whether or not you must submit the one-hundred 
dollars ($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 August 10, 2000    Form I-765, Application for
                                          Employment Authorization, with
                                          the one-hundred dollar ($100)
                                          fee.

[[Page 43721]]

 
You already have employment              You must complete and file the
 authorization or do not require          Form I-765, Application for
 employment authorization                 Employment Authorization, with
                                          no fee.
You are applying for employment          You must complete and file Form
 authorization and are requesting a fee   I-765, with a fee waiver
 waiver                                   request and 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 or 
residence).

Is Late Registration Possible?

    Yes. In addition to timely re-registration, late initial 
registration is possible for some persons from Bosnia-Herzegovina under 
8 CFR 244.2(f)(2). The requirements for late initial registration 
specify that an applicant for late initial registration must--
    (1) Be a national of Bosnia-Herzegovina (or an alien having no 
nationality who last habitually resided in Bosnia-Herzegovina);
    (2) Have been continuously physically present in the United States 
since August 10, 1992;
    (3) Have continuously resided in the United States since August 10, 
1992; and
    (4) Be admissible as an immigrant, except as otherwise provided in 
section 244(c)(2)(A), and not ineligible under section 244(c)(2)(B) of 
the Act. 8 CFR 244.2(f)(2).
    Additionally, the applicant must be able to demonstrate that, 
during the initial registration period from August 10, 1992, through 
August 10, 1993, he or she--
    (1) Was in valid immigrant or nonimmigrant status, or had been 
granted voluntary departure status of any relief from removal;
    (2) Had an application for change of status, adjustment of status, 
asylum, voluntary departure, or any relief from removal pending or 
subject to further review or appeal;
    (3) Was a parolee or had a pending request for reparole; or
    (4) Was the spouse or child of an alien currently eligible to be a 
TPS registrant. Id.
    An applicant for late initial registration must register no later 
than sixty (60) days from the expiration or termination of the 
qualifying condition. Id.

Where Should I File for an Extension of TPS?

    Persons seeking to extend their TPS must submit an application and 
accompanying materials to the Immigration and Naturalization local 
office that has jurisdiction over the applicant's place of residence.

When Can I File for an Extension of TPS?

    The 30-day re-registration period begins August 11, 1999 and will 
remain in effect until September 10, 1999.

How Does an Application for TPS Affect My Application for Asylum or 
Other Immigration Benefits?

    An application for TPS does not preclude or affect an application 
for asylum or any other immigration benefit. Any national of Bosnia-
Herzegovina (or alien having no nationality who last habitually resided 
in Bosnia-Herzegovina) who is otherwise eligible for TPS and has 
applied for, or plans to apply for, asylum, but who has not yet been 
granted asylum or withholding of removal, may also apply for TPS. 
Denial of an application for asylum or any other immigration benefit 
does not affect an applicant's ability to register for TPS, although 
the grounds of denial may also lead to denial of TPS. For example, a 
person who has been convicted of an aggravated felony is not eligible 
for asylum or TPS.

Does This Extension Allow Nationals of Bosnia-Herzegovina (or 
Aliens Having No Nationality Who Last Habitually Resided in Bosnia-
Herzegovina) Who Entered the United States After August 10, 1992, 
To File for TPS?

    No. This is a notice of an extension of the TPS designation for 
Bosnia-Herzegovina. It is not a notice of redesignation for Bosnia-
Herzegovina under the TPS program. An extension of TPS does not change 
the required dates of continuous physical presence and residence in the 
United States, and does not expand the TPS program to include nationals 
of Bosnia-Herzegovina (or aliens having no nationality who last 
habitually resided in Bosnia-Herzegovina) who arrived in the United 
States after the date of the initial designation, in this case since 
August 10, 1992.

Notice of Extension of the Designation of Bosnia-Herzegovina Under 
the TPS Program

    By the authority vested in me as Attorney General under sections 
244(b)(3)(A) and (C) of the Act, I have consulted with the appropriate 
agencies of the Government concerning whether the conditions under 
which Bosnia-Herzegovina was initially designated for TPS continue to 
exist. 8 U.S.C. 1254a(b)(3)(A), (C). As a result, I determine that the 
conditions for the initial designation of TPS for Bosnia-Herzegovina 
continue to be met. Accordingly, I order as follows:
    (1) The designation of Bosnia-Herzegovina under section 
244(b)(1)(C) of the Act is extended for an additional 12-month period 
from August 11, 1999, until August 10, 2000. 8 U.S.C. 1254a(b)(1)(C).
    (2) I estimate that there are approximately 400 nationals of 
Bosnia-Herzegovina (or aliens having no nationality who last habitually 
resided in Bosnia-Herzegovina) who have been granted TPS and are 
eligible for re-registration.
    (3) In order to maintain current registration for TPS, a national 
of Bosnia-Herzegovina (or alien having no nationality who last 
habitually resided in Bosnia-Herzegovina) who received a grant of TPS 
during the initial period of designation from August 10, 1992, until 
August 10, 1993, must re-register for TPS.
    (4) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before August 10, 2000, the 
designation of Bosnia-Herzegovina 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 and the reasons underlying 
it will be published in the Federal Register.
    (5) Information concerning the TPS program for nationals of Bosnia-
Herzegovina (or aliens having no nationality who last habitually 
resided in Bosnia-Herzegovina) will be available at local Service 
offices upon publication of this notice.


[[Page 43722]]


    Dated: August 6, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-20852 Filed 8-9-99; 11:59 am]
BILLING CODE 4410-10-M