[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Notices]
[Pages 15016-15018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6750]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2043-00; AG Order No. 2292-2000]
RIN 1115-AE26


Six-Month Extension and Termination of Designation of Guinea-
Bissau Under the Temporary Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: The Attorney General's designation of Guinea-Bissau under the 
Temporary Protected Status program (TPS) expires on March 10, 2000. 
After reviewing country conditions and consulting with the appropriate 
Government agencies, the Attorney General has determined that 
conditions in Guinea-Bissau no longer support a TPS designation. 
However, because this determination was not made at least 60 days 
before the termination date, the designation of Guinea-Bissau for TPS 
was automatically extended by statute for 6 months, until September 10, 
2000. The termination will therefore take effect on September 10, 2000. 
After that date, aliens who are nationals of Guinea-Bissau (and aliens 
having no nationality who last habitually resided in Guinea-Bissau) who 
have had TPS will no longer have such status. This notice contains 
information regarding the 6-month extension and subsequent termination 
of the TPS designation for Guinea-Bissau.

DATES: The TPS designation for Guinea-Bissau is extended until 
September 10, 2000. On September 10, 2000 the TPS designation for 
Guinea-Bissau will be terminated.

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

SUPPLEMENTARY INFORMATION:   

What Is the Statutory Authority for the Designation, Extension, and 
Termination of a TPS Designation?

    Under section 244 of the Immigration and Nationality Act (the Act), 
8 U.S.C. 1254a, the Attorney General is authorized to designate a 
foreign state (or part of a state) for TPS. The Attorney General must 
then grant TPS to eligible nationals of that foreign state (or aliens 
having no nationality who last habitually resided in that state). 
Section 244(b)(3)(A) of the Act requires the

[[Page 15017]]

Attorney General to review, at least 60 days before the end of the TPS 
designation, the conditions in a foreign state designated under section 
244(b)(1) of the Act. 8 U.S.C. 1254a(b)(3)(A).
    Section 244(b)(3)(B) of the Act further requires the Attorney 
General to terminate the state's designation when the Attorney General 
determines conditions are no longer met. 8 U.S.C. 1254a(b)(3)(B). The 
Attorney General must then publish a notice of termination in the 
Federal Register. If the Attorney General fails to make the 
determination required by section 244(b)(3)(A) of the Act at least 60 
days prior to the end of the initial period of designation, then the 
designation is automatically extended for an additional period of 6 
months. 8 U.S.C. 1254a(b)(3)(C).

Why Did the Attorney General Decide To Terminate TPS for Guinea-
Bissau?

    On March 11, 1999, the Attorney General published a notice in the 
Federal Register designating Guinea-Bissau for TPS for a period of 1 
year, based upon conditions in Guinea-Bissau at that time. That TPS 
designation is scheduled to expire on March 10, 2000. 64 FR 12181 (Mar. 
11, 1999).
    Based upon a more recent review of conditions within Guinea-Bissau 
by the Departments of Justice and State, the Attorney General finds 
that conditions no longer support a TPS designation. The Department of 
State recommendation concerning Guinea-Bissau states that: ``Since the 
military junta ousted President Vieira in May [1999], conditions within 
Guinea Bissau have been relatively stable although the country is in 
sever economic distress. In late November, the interim civilian 
government successfully carried out the first round of multi-party 
elections.'' The recommendation also states: ``We estimate that some 
85% of the 10,000 refugees who were in Senegal and Guinea have all now 
returned as have those who were internally displaced out of the capitol 
[sic]. Given the high volume of returns and the relative civic 
stability evidenced by the successful and peaceful elections, it 
appears that Guinea Bissauans can return in safety.''
    Based on these findings, the Attorney General has decided to 
terminate the designation of Guinea-Bissau for TPS. However, since the 
Attorney General did not make this determination at least 60 days 
before the end of the current designation, the designation is 
automatically extended by statute for an additional 6 months. The 
termination will therefore take effect at the end of this 6-month 
extension.

If I Currently Have TPS, How Do I Register for the 6-Month 
Extension?

    Persons previously granted TPS under the Guinea-Bissau program may 
apply for the 6-month extension by filing a Form I-821, Application for 
Temporary Protected Status, without the fee, during the re-registration 
period that begins March 20, 2000 and ends April 19, 2000. 
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 $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
 authorization through September 10, 2000..  the Form I-765, Application
                                             for Employment
                                             Authorization, with the
                                             $100 fee.
You already have employment authorization   You must complete and file
 or do not require employment                the Form I-765, Application
 authorization..                             for Employment
                                             Authorization, with no fee.
                                             '
You are applying for employment             You must complete and file
 authorization and are requesting a fee      the Form I-765, a fee
 waiver..                                    waiver request, and the
                                             requisite affidavit (and
                                             any other information) in
                                             accordance with 8 CFR
                                             244.20.
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    To re-register for TPS, you must also 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 Guinea-Bissau under 8 
CFR 244.2(f)(2). To apply for late initial registration an applicant 
must:
    (1) Be a national of Guinea-Bissau (or an alien having no 
nationality who last habitually resided in Guinea-Bissau),
    (2) Have been continuously physically present in the United States 
since March 11, 1999.
    (3) Have continuously resided in the United States since March 11, 
1999, and
    (4) Be admissible as an immigrant except as provided under section 
244(c)(2)(A) of the Act, and not ineligible under section 244(c)(2)(B) 
of the Act.
    Additionally, the applicant must be able to demonstrate that, 
during the initial registration period from March 11, 1999, through 
March 10, 2000, he or she:
    (1) Was a nonimmigrant, or was granted voluntary departure 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,
    (3) Was a parolee or had a pending request for reparole, or
    (4) Is the spouse or child of an alien currently eligible to be a 
TPS registrant.
    An applicant for late initial registration must register no later 
than 60 days from the expiration or termination of the qualifying 
condition.

Where Should I File for an Extension of TPS?

    You may register for the extension of TPS by submitting an 
application and accompanying materials to the Immigration and 
Naturalization Service's local office that has jurisdiction over your 
place of residence.

Where Can I File for and Extension of TPS?

    The 30-day-re-registration period begins March 20, 2000, and will 
remain in effect until April, 19, 2000.

What Can I Do if I Feel That My Return to Guinea-Bissau Is Unsafe?

    This notice terminates the designation of Guinea-Bissau under the 
TPS program. There may be avenues of immigration relief available to 
aliens who are nationals of Guinea-Bissau (and aliens having no 
nationality who last habitually resided in Guinea-Bissau) in the United 
States who believe that their particular circumstances make return to 
Guinea-Bissau unsafe. Such avenues may include, but are not limited to, 
asylum or withholding of removal.

How does the Termination of TPS Affect Former TPS Beneficiaries?

    After the designation of Guinea-Bissau for TPS is terminated on 
September 10, 2000, those aliens who are nationals of Guinea-Bissau 
(and aliens having no nationality who last habitually resided in 
Guinea-Bissau) will revert back to the immigration status they had 
prior to TPS, unless they have been granted another immigration status. 
The stay of removal and eligibility for employment authorization due to 
the designation of Guinea-Bissau under the TPS program will no longer 
be available. However, the termination of the TPS designation for 
Guinea-Bissau will not affect any pending applications for other forms 
of immigration relief.

[[Page 15018]]

    Those persons who received TPS under the Guinea-Bissauan 
designation may begin accruing unlawful presence as to September 10, 
2000, if they have not been granted any other immigration benefit or 
have no application for such a benefit pending. Aliens who accrue 
certain periods of unlawful presence in the United States may be barred 
from admission to the United States under section 212(a)(9)(B)(i) of 
the Act. See 8 U.S.C. 1182(a)(9)(B)(i).

Notice of 6-Month Extension and Termination of Designation of 
Guinea-Bissau Under the TPS Program

    By the authority vested in me as Attorney General under section 
244(b)(3) of the Act, I have consulted with the appropriate agencies of 
Government concerning conflict and security conditions in Guinea-
Bissau. 8 U.S.C. 1254a(b)(3). Based on these consultations, I have 
determined that Guinea-Bissau no longer meets the conditions for 
designation of TPS under section 244(b)(1) of the Act. see U.S.C. 
1254a(b)(1).
    Guinea-Bissau has been relatively stable since May 1999, and during 
that time, no general conflict has occurred. I also understand that, 
even though the country is experiencing economic difficulties, the 
return of persons to Guinea-Bissau would not result in a danger to 
their personal safety. In view of the recommendations of the 
Departments of Justice and State for termination, I terminate the 
designation of Guinea-Bissau under the TPS program. However, since I 
did not make this determination at least 60 days prior to the 
expiration of the designation, the designation is automatically 
extended for 6 months, until September 10, 2000. The TPS designation 
for Guinea-Bissau will terminate on September 10, 2000.
    Accordingly, I order as follows:
    (1) The designation of Guinea-Bissau for TPS under section 244(b) 
of the Act is terminated effective September 10, 2000.
    (2) I estimate that there are approximately 400 nationals of 
Guinea-Bissau (and aliens having no nationality who last habitually in 
Guinea-Bissau) who have been previously granted TPS.
    (3) Information concerning the termination of the TPS program for 
nationals of Guinea-Bissau (and aliens having no nationality who last 
habitually resided in Guinea-Bissau) will be available at local Service 
offices, or at the Service website, located at http://
www.ins.usdoj.gov, upon publication of this notice.

    Dated: March 14, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-6750 Filed 3-17-00; 8:45 am]
BILLING CODE 4410-10-M