[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Notices]
[Pages 49511-49512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23728]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 2015-99; AG Order No. 2254-99]
RIN 1115--AE 26


Extension of Designation of Somalia 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 
Somalia under the Temporary Protected Status (TPS) program until 
September 17, 2000. Eligible nationals of Somalia (or aliens having no 
nationality who last habitually resided in Somalia) may re-register for 
TPS and an extension of employment authorization. Re-registration is 
limited to persons who registered for the initial period TPS, which 
ended on September 16, 1992, 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 Somalia is 
effective September 18, 1999, and will remain in effect until September 
17, 2000. The 30-day re-registration period begins September 13, 1999 
and will remain in effect until October 13, 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 Somalia 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 extension is 
extended, pursuant to section 244(b)(3)(C) of the Act. 8 U.S.C. 
1254a(b)(3)(C). Through such an extension, TPS is available only to 
persons who have been continously physically present and have 
continously resided in the United States from the effective date of the 
initial designation, in this case, since September 16, 1991.

Who Did the Attorney General Decide To Extend the TPS Designation 
for Somalia?

    On September 16, 1991, the Attorney General initially designated 
Somalia under the TPS program for a period of 12 months. 56 FR 46804. 
Since that date, the Departments of State and Justice have annually 
reviewed conditions within Somalia. Based on this year's review, the 
Attorney General finds that the armed conflict in Somalia is ongoing, 
and that the extraordinary and temporary conditions that provided a 
basis for the initial TPS designation continue to warrant the extension 
of Somalia's TPS designation. 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 Somalia 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 13, 1999 and ends October 13, 1999. Additionally, 
you must file a Form I-765, Application for Employment Authorization. 
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 September 17,      Form I-765, Application for
 2000.                                    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 and a fee waiver request
 waiver.                                  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 Somalia under 8 CFR 
244.2(f)(2). To apply for late initial registration an applicant must
    (1) be a national of Somalia (or alien having no nationality who 
last habitually resided in Somalia);
    (2) have been continuously physically present in the United States 
since September 16, 1991;
    (3) have continuously resided in the United States since September 
16, 1991; and
    (4) be admissible as an immigrant, except as otherwise provided in 
section 244(c) of the Act. 8 CFR 244.2(f)(2).
    Additionally, the applicant must be able to demonstrate that, 
during the initial registration period from

[[Page 49512]]

September 16, 1991, through September 16, 1992, 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, asylum, voluntary 
departure status or any relief from removal;
    (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?

    Nationals of Somalia (or aliens having no nationality who last 
habitually resided in Somalia) 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 13, 1999 and 
will remain in effect until October 13, 1999.

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

    An application for TPS does not affect an application for asylum or 
any other immigration benefit. A national of Somalia ( or alien having 
no nationality who last habitually resided in Somalia) 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 convicted of an aggravated 
felony is not eligible for asylum or TPS.

Does This Extension Allow Nationals of Somalia (or Aliens Having No 
Nationality Who Last Habitually Resided in Somalia) Who Entered the 
United States After September 16, 1991, To File for TPS?

    No. This is a notice of an extension of the TPS designation for 
Somalia. It is not a notice of redesignation of Somalia 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 Somalia (or 
aliens having no nationality who last habitually resided in Somalia) 
who arrived in the United States after the date of the original 
designation, in this case, September 16, 1991.

Notice of Extension of Designation of Somalia Under the TPS Program

    By the authority vested in me as Attorney General under section 
244(b)(3)(A) of the Act, I have consulted with the appropriate agencies 
of the Government concerning whether the conditions under which Somalia 
was initially designated for TPS continue to exist. As a result, I 
determine that, the armed conflict in Somalia is ongoing, and that the 
extraordinary and temporary conditions that provided a basis for the 
initial TPS designated for Somalia continue to exist. Accordingly, I 
order as follows:
    (1) The designation of Somalia under section 244(b) of the Act is 
extended for an additional 12-month period from September 18, 1999, 
until September 17, 2000. 8 U.S.C. 1254a(b)(3)(C).
    (2) I estimate that there are approximately 350 nationals of 
Somalia (or alien having no nationality who last habitually resided in 
Somalia) who have been granted TPS and who are eligible for re-
registration.
    (3) In order to be eligible for TPS during the period from 
September 18, 1999, through September 17, 2000, a national of Somalia 
(or aliens having no nationality who last habitually resided in 
Somalia) who received a grant of TPS during the initial period of 
designation from September 16, 1991, until September 16, 1992, 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 on 
September 13, 1999 and ending on October 13, 1999.
    (4) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before September 17, 2000, the 
designation of Somalia 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 Somalia 
(or aliens having no nationality who last habitually resided in 
Somalia) will be available at local Service offices upon publication of 
this notice.

    Dated: September 3, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-23728 Filed 9-10-99; 8:45 am]
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