[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]
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