[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Notices]
[Pages 58806-58808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25250]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2087-00; AG Order No. 2327-2000]
RIN 1115-AE26


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, 2001. 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

[[Page 58807]]

to persons who registered during the initial registration period, which 
ended on August 27, 1998, or who registered after that date under the 
late initial registration provision. Persons who are elilgible for late 
initial registration may register for TPS during this extension.

EFFECTIVE DATES: The extension of the TPS designation for Montserrat is 
effective August 28, 2000, and will remain in effect until August 27, 
2001. The 30-day re-registration period begins October 2, 2000 and will 
remain in effect until November 1, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Residence and Status 
Services Branch, Adjudications, Immigration and Naturalization Service 
(INS), 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 
designated foreign state. 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. 1254a(b)(3)(C). 
With respect to Montserrat, such an extension makes TPS available only 
to persons who have been continuously physically present since August 
28, 1997, and have continuously resided in the United States from 
August 22, 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 (Aug. 28, 
1997). Based on conditions since then, the Attorney General twice has 
extended the TPS designation, which ran through August 27, 2000. See 64 
FR 48190 (Sept. 2, 1999); 63 FR 45864 (Aug. 27, 1998).
    The Departments of State and Justice have recently reviewed 
conditions within Montserrat. The review resulted in a consensus that a 
further 12-month extension is warranted. The reasons for the extension 
are explained in a State Department memorandum that states: ``Since the 
eruptions of the Soufriere Hills volcano began in the southern part of 
Montserrat in 1997, the island has remained in a state of crisis. Most 
recently, in March 2000, the volcano turned deadly again.'' The 
memorandum also states that ``[t]he most recent reports from the center 
that monitors the volcano's activity indicate that another such event 
may occur very soon.''
    Based on these reviews, the Attorney General finds the situation in 
Montserrat meets the conditions for extension under section 
244(b)(3)(C) of the Act. 8 U.S.C. 1254a(b)(3)(C). There continues to be 
a substantial, but temporary, disruption of living conditions in 
Montserrat as a result of environmental disaster, and Montserrat 
continues to be unable, temporarily, to handle adequately the return of 
its nationals. 8 U.S.C. 1254a(b)(1)(B)(i)-(ii). The review failed to 
show that country conditions have improved to a degree that supports 
termination. Since the Attorney General did not determine that the 
conditions in Montserrat no longer warrant TPS, the designation was 
automatically extended by operation of statute on August 28, 2000. 8 
U.S.C. 1254(a)(b)(3)(C).
    On the basis of these findings, the Attorney General finds that the 
TPS designation for Montserrat should be extended for an additional 12-
month period, rather than the six month period automatic extension 
provided for in the statute. 8 U.S.C. 1254a(b)(3)(C).

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

    Only persons previously granted TPS under the initial Montserrat 
designation 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 October 2, 2000 and ends November 1, 
2000. Additionally, you must file a Form I-765, Application for 
Employment Authorization. To determine whether you must submit the one-
hundred dollar ($100) filing fee with the Form I-765, see the chart 
below.

                                 Chart 1
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                   If                                  Then
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You are applying for employment          You must complete and file the
 authorization through August 27, 2001.   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 with no fee.
 employment authorization.
You are applying for employment          You must complete and file the
 authorization and are requesting a fee   Form I-765, the requisite 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\").

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 INS district office that 
has jurisdiction over the applicant's place of residence.

When Can I Register for an Extension of TPS?

    The 30-day re-registration period begins October 2, 2000 and will 
remain in effect until November 1, 2000.

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 
denail may also be grounds of denail for TPS. For example, a person who 
has been convicted of a particularly serious crime is not eligible for 
asylum or TPS. 8

[[Page 58808]]

U.S.C. 1158(b)(2)(A); 8 U.S.C. 1254a(c)(2)(B).

Is Late Initial Registration Possible?

    In addition to timely re-registration, late initial registration is 
possible for some persons from Montserrat under 8 CFR 244.2(f)(2). Late 
initial registration applicants must meet the following requirements:
     Be a national of Montserrat (or an alien having no 
nationality who last habitually resided in Montserrat);
     Have been continuously physically present in the United 
States since August 28, 1997;
     Have continuously resided in the United States since 
August 22, 1997; and
     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 August 28, 1997, through 
August 27, 1998, he or she:
     Was in valid nonimmigrant status, or had been granted 
voluntary departure status or any relief from removal;
     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; or
     Was a parolee or has a pending request for reparole; or 
was the spouse or child of an alien currently eligible to be a TPS 
registrant.

8 CFR 244.2(f)(2).

    An applicant for late initial registration must register no later 
than sixty (60) days from the expiration or termination of the 
qualifying status listed above. 8 CFR 244.2(g).

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 existing TPS 
designation for Montserrat, 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 it 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) or the date 
designated for continuous residence (in this case, August 22, 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), and (b)(1) 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), and (b)(1). 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, 2000, 
until August 27, 2001. 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, 2000, through August 27, 2001, a national of Montserrat (for alien 
having no nationality who last habitually resided in Montserrat) who 
received a grant of TPS (or has an application pending) 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 October 2, 2000 and ending on November 1, 2000. Late re-
registration will be allowed only for good cause 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, 2001, 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 INS offices upon publication 
of this notice and on the INS website at http://www.ins.usdoj.gov.

    Dated: September 25, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-25250 Filed 9-29-00; 8:45 am]
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