[Federal Register Volume 64, Number 170 (Thursday, September 2, 1999)]
[Notices]
[Pages 48190-48192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22837]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 2010-99; AG Order No. 2252-99]
RIN 1115-AE 26


Extension of Designation of Montserrat Under 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 
Montserrat under the Temporary Protected Status (TPS) program until 
August 27, 2000. Eligible nationals of Montserrat (or aliens having no 
nationality who last habitually resided in Montserrat) 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 27, 1998, 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.


[[Page 48191]]


EFFECTIVE DATES: The extension of the TPS designation for Montserrat is 
effective August 28, 1999, and will remain in effect until August 27, 
2000. The 30-day re-registration period begins September 2, 1999 and 
will remain in effect until October 4, 1999.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Residence and Status 
Service 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 Montserrat Under the TPS Program?

    Section 244(b)(3)(A) of the Immigration and Nationality Act (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). 
If the Attorney General determines that the foreign state continues to 
meet the conditions for designation, the period of designation is 
extended, pursuant to section 244(b)(3)(C) of the Act. 8 U.S.C. 
1254(b)(3)(C). Through such an extension, TPS is 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 28, 1997.

Why Did the Attorney General Decide To Extend the TPS Designation 
for Montserrat?

    On August 28, 1997, the Attorney General initially designated 
Montserrat for TPS for a period of 12 months. 62 FR 45685. Since that 
date, the Departments of State and Justice have annually reviewed 
conditions within Montserrat. Based on this year's review, the Attorney 
General finds that extraordinary and temporary conditions that would 
prevent aliens who are nationals of Montserrat (and aliens having no 
nationality who last resided in Montserrat) from returning to 
Montserrat in safety persist and that permitting such aliens to remain 
temporarily in the United States is not contrary to the national 
interest. 8 U.S.C. 1254a(b)(1)(C).
    On the basis of these findings, an extension of the TPS designation 
for Montserrat is warranted. 8 U.S.C. 1254a(b)(3)(C).

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

    Persons previously granted TPS under the Montserrat program may 
apply for an extension by filing a Form I-821, Application for 
Temporary Protected Status, without the fee, during the re-registration 
period that begins September 2, 1999 and ends October 4, 1999. 
Additionally, you must file a Form I-765, Application for Employment 
Authorization. See the chart below to determine whether you must submit 
the one-hundred dollar ($100) filing fee with the Form I-765.

------------------------------------------------------------------------
                   If                                  Then
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You are applying for employment          You must complete and file the
 authorization through August 27, 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, 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\'').

Is Late Registration Possible?

    Yes. In addition to timely re-registration, late initial 
registration is possible for some persons from Montserrat 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 Montserrat (or an alien having no nationality 
who last habitually resided on Montserrat);
    (2) Have been continuously physically present in the United States 
since August 28, 1997;
    (3) Have continuously resided in the United States since August 22, 
1997; and
    (4) be admissible as an immigrant, except as otherwise provided in 
section 244(c) of the Act, 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 28, 1997, through 
August 27, 1998, he or she:
    (1) Was in valid immigrant or nonimmigrant status, or had been 
granted voluntary departure status or 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 has 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 register for an extension of TPS must submit an 
application and accompanying materials to the Immigration and 
Naturalization Service 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 September 2, 1999 and will 
remain in effect until October 4, 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. A national of Montserrat 
(or alien having no nationality who last habitually resided in 
Montserrat) 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 be grounds of denial for TPS. For example, a person who 
has been

[[Page 48192]]

convicted of an aggravated felony is not eligible for asylum or TPS.

Does This Extension Allow Nationals of Montserrat (or Aliens Having 
No Nationality Who Last Habitually Resided in Montserrat) Who 
Entered the United States After August 28, 1997, To File for TPS?

    No. This is a notice of an extension of the TPS designation for 
Montserrat. It is not a notice of redesignation of Montserrat 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 Montserrat (or 
aliens having no nationality who last habitually resided in Montserrat) 
who arrived in the United States after the date of the initial 
designation, in this case, August 28, 1997.

Notice of Extension of Designation of Montserrat 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 Montserrat was initially designated for TPS continue to exist. As 
a result, I determine that the conditions for the initial designation 
of TPS for Montserrat continue to be met. 8 U.S.C. 1254a(b)(3)(A), (C). 
Accordingly, I order as follows:
    (1) The designation of Montserrat under section 244(b) of the Act 
is extended for an additional 12-month period from August 28, 1999, 
until August 27, 2000. 8 U.S.C. 1254a(b)(3)(C).
    (2) I estimate that there are approximately 300 nationals of 
Montserrat (or aliens having no nationality who last habitually resided 
in Montserrat) who have been granted TPS and who are eligible for re-
registration.
    (3) In order to be eligible for TPS during the period from August 
28, 1999, through August 27, 2000, a national of Montserrat (or alien 
having no nationality who last habitually resided in Montserrat) who 
received a grant of TPS during the initial period of designation from 
August 28, 1997, until August 27, 1998, must re-register for TPS by 
filing a new Application for Temporary Protected Status, Form I-821, 
along with an Application for Employment Authorization, Form I-765, 
within the 30-day period beginning September 2, 1999 and ending on 
October 4, 1999. Late re-registration will be allowed pursuant to 8 CFR 
244.17(c).
    (4) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before August 27, 2000, the 
designation of Montserrat 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, including the reasons 
underlying it, will be published in the Federal Register.
    (5) Information concerning the TPS program for nationals of 
Montserrat (or aliens having no nationality who last habitually resided 
in Montserrat) will be available at local Service offices upon 
publication of this notice.

    Dated: August 26, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-22837 Filed 9-1-99; 8:45 am]
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