[Federal Register Volume 66, Number 66 (Thursday, April 5, 2001)]
[Notices]
[Pages 18111-18114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8422]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2114-01; AG Order No. 2420-2001]
RIN 1115-AE26


Extension and Redesignation of Angola Under Temporary Protected 
Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: On March 29, 2000, the Attorney General designated Angola 
under the Temporary Protected Status

[[Page 18112]]

(TPS) program for a 12-month period that expires on March 29, 2001. 
This initial designation allowed eligible nationals of Angola (and 
aliens having no nationality who last habitually resided in Angola) who 
had continuously resided in the United States since that date to apply 
for TPS. This notice extends the TPS designation for Angola for another 
12-month period (until March 29, 2002), and sets forth the procedures 
by which nationals of Angola (and aliens having no nationality who last 
habitually resided in Angola) who previously registered for TPS may 
reregister for the TPS program. This notice also redesignates Angola 
under the TPS program, thereby expanding TPS eligibility to include 
nationals of Angola (and aliens having no nationality who last 
habitually resided in Angola) who, among other requirements described 
below, have been ``continuously physically present in the United 
States'' and who have ``continuously resided in the United States'' 
since April 5, 2001.

EFFECTIVE DATES:   

Extension of Designation and Reregistration

    The extension of Angola's TPS designation is effective March 29, 
2001, and will remain in effect until March 29, 2002. Nationals of 
Angola (and aliens having no nationality who last habitually resided in 
Angola) who are currently registered under the TPS program must 
reregister during the 30-day period from April 5, 2001 until May 7, 
2001.

Redesignation

    The redesignation of Angola under the TPS program is effective 
April 5, 2001, and will remain in effect until March 29, 2002. The 
registration period for TPS under the redesignation begins on April 5, 
2001 and will remain in effect until March 29, 2002.

FOR FURTHER INFORMATION CONTACT: Rebecca Peters, Program Analyst, 
Immigration and Naturalization Service, 425 I Street, NW., Room 3040, 
Washington, DC 20536, telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

What Is the Statutory Authority for the Attorney General To Extend 
Angola's TPS Designation Under the TPS Program?

    Section 244(b)(3)(A) of the Immigration and Nationality Act (the 
Act) states that at least 60 days before the end of a designation, or 
any extension thereof, 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 does not determine under this 
section that the foreign state no longer meets the conditions for 
redesignation, the period of designation is automatically extended for 
6 months pursuant to section 244(b)(3)(C) of the Act. 8 U.S.C. 
1254a(b)(3)(C). The period of designation may, however, be extended to 
12 or 18 months at the Attorney General's discretion. 8 U.S.C. 
1254a(b)(3)(C). Such an extension makes TPS available only to persons 
who have been continuously physically present in, and who have 
continuously resided in, the United States from the effective date of 
the initial designation, in this case, since March 29, 2000.

What Is the Statutory Authority for the Attorney General To 
Redesignate Angola for TPS?

    Section 244 of the Act implicitly authorizes the Attorney General 
to redesignate a foreign state (or any part of such foreign state) 
under the TPS program. Whereas extension of an existing TPS designation 
extends benefits only to those who previously registered for TPS under 
the earlier designation, redesignation broadens the potential class of 
TPS beneficiaries to include both those who failed to register during 
the earlier designation period, as well as those who arrived in the 
United States after the effective date of the earlier designation but 
on or before the effective date of the redesignation, if such aliens 
are otherwise admissible and eligible for TPS. 8 U.S.C. 1254a(c)(1)(A).

Why Did the Attorney General Decide To Both Extend and Redesignate 
Angola Under the TPS Program?

    On March 29, 2000, the Attorney General designated Angola under the 
TPS program. Since that time, the Attorney General and the Department 
of State have continuously examined conditions in Angola. A recent 
Department of State report on conditions in Angola. A recent Department 
of State report on conditions in Angola found that, ``Fighting between 
UNITA [the National Union for Total Independence of Angola] and Angolan 
Government forces [continues and is] widespread throughout much of the 
country.'' ``Hundreds of thousands of Angolans remain displaced along 
the international boundaries in the east and south of the country,`` 
and ``[r]efugees continue to arrive in Namibia, Zamibia, and the 
Democratic Republic of Congo (DRC).'' The memorandum further states 
that ``[f]ighting [is] expected to continue well into the next year'' 
and ``[t]he situation in Angola remains unsafe for return'' of 
nationals, who ``would be at risk of becoming casualties.'' ``The 
Government has regained control of many provincial capitals over the 
past year, but does not effectively control many rural areas.'' While 
the ``warring parties have repeatedly subjected the civilian population 
to forced displacements and acts of violence,'' the cities remain 
overcrowded, vitamin deficiency-induced illnesses and malnutrition 
flourish alongside horrific water and sanitation conditions creating an 
environment for disease and epidemics such as polio and meningitis.
    Based on these and other findings, the Attorney General has 
determined that conditions in Angola warrant both the extension and 
redesignation of Angola under the TPS program. This order will extend 
the availability of TPS for those Angolans who registered under the 
initial designation of TPS, and will also open the program to both 
those who failed to register during the initial designation period and 
those who arrived in the United States after the effective date of the 
earlier designation, but on or before the effective date of 
redesignation. 8 U.S.C. 1254a(c)(1)(A).

If I Currently Have TPS Through the Angola TPS Program, Do I Still 
Reregister for TPS?

    Yes. If you were granted TPS based on the initial designation of 
Angola, your status [will] expire[d] on March 29, 2001. Accordingly, 
you must register for TPS in order to maintain your status through 
March 29, 2002. See the reregistration instructions below.

If I Am Currently Registered for TPS, How Do I Reregister for an 
Extension?

    All persons previously granted TPS under the Angola program who 
wish to maintain such status must apply for an extension by filing (1) 
a Form I-821, without the $50 filing fee, (2) a form I-765, Application 
for Employment Authorization, and (3) two identification photographs 
(1\1/2\ inches x 1\1/2\ inches). See Chart 1 below to determine whether 
you must submit the $100 filing fee with Form I-765. Applicants for an 
extension of TPS benefits do not need to be refingerprinted and thus 
need not pay the $25 fingerprint fee.
    Submit the completed forms and applicable fee, if any, to the 
Service district office having jurisdiction over your place of 
residence during the 30-day registration period that begins April 5, 
2001 and ends (inclusive of such end date).

[[Page 18113]]

    If you fail to reregister during the 30-day reregistration period, 
you may apply for TPS under the redesignation, as described in the 
section below.

                                 Chart 1
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                   If                                  Then
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You are a national of Angola (or any     You must complete and file:
 person having no nationality who last   (1) Form I-765, Application for
 habitually resided in Angola) and are    Employment Authorization with
 applying for employment authorization    the $100 filing fee.
 through March 29, 2002.
You already have employment              You must complete and file:
 authorization or do not require         (1) Form I-765 with no filing
 employment authorization.                fee.
You are a national of Angola (or any     You must complete and file:
 person having no nationality who last   (1) Fee waiver request and
 habitually resided in Angola) applying   affidavit (and any other
 for employment authorization and are     information) in accordance
 requesting a fee waiver.                 with 8 CFR 244.20, and
                                         (2) Form I-765 with no fee.
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If I Am Not Currently Registered for TPS, How Do I Register Under 
the Redesignation?

    Applicants who are not currently registered for TPS may register 
under the redesignation by submitting:
     An Application for Temporary Protected Status, Form I-821 
with the $50 processing fee or a request for a fee waiver;
     An Application for Employment Authorization, Form I-765;
     Two identification photographs (1\1/2\ x 1\1/2\ inches);
     Supporting evidence, as provided in 8 CFR 244.9 
(describing evidence necessary to establish eligibility for TPS 
benefits); and
     For every applicant who is 14 years of age or older, a 
twenty-five dollar ($25) fingerprint fee.

8 CFR 244.6. While a complete application must include the fingerprint 
fee for every applicant who is 14 years of age or older, applicants 
should not submit a completed fingerprint card (FD-258, Applicant Card) 
with the application package. The application will be accepted without 
the fingerprint card attached. After the Service receives the 
application, the Service will mail an appointment letter with 
instructions to appear for fingerprinting at a Service-authorized site. 
See Chart 2 below to determine what fees must be submitted with the 
application package and to obtain information on requesting (a) fee 
waiver(s).
    Submit the completed forms and applicable fees to the Service 
district office having jurisdiction over your place of residence during 
the registration period that begins April 5, 2001 and ends March 29, 
2002 (inclusive of such end date).

                                 Chart 2
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                   If                                  Then
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You are a national of Angola (or a       You must complete and file:
 person having no nationality who last   (1) Form I-821, Application for
 habitually resided in Angola) and are    Temporary Protected Status,
 applying for TPS and employment          with fee ($50),
 authorization through March 29, 2002.   (2) Form I-765, Application for
                                          Employment Authorization, with
                                          fee ($100), and
                                         (3) Fingerprint fee ($25).
You already have employment              You must complete and file:
 authorization or do not require         (1) Form I-821, with fee ($50),
 employment authorization.               (2) Form I-765, with no fee,
                                          and
                                         (3) Fingerprint fee ($25).
You are applying for TPS and employment  You must complete and file:
 authorization and are requesting a fee  (1) Fee waiver request and
 waiver for the Form I-821 fee ($50)      affidavit (and any other
 and Form I-765 fee ($100).               information) in accordance
                                          with 8 CFR 244.20,
                                         (2) Form I-821, with no fee,
                                         (3) Form I-765, with no fee,
                                          and
                                         (4) Fingerprint fee ($25).
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What Are the Requirements for Nationals of Angola To Demonstrate 
That They Have Been ``Continuously Physically Present'' and Have 
``Continuously Resided'' in the United States?

    All applicants for TPS must demonstrate that they have been 
``continuously physically present,'' and have ``continuously resided,'' 
in the United States since April 5, 2001. ``Continuously physically 
present'' means actual physical presence in the United States for the 
entire period specified. An applicant shall not be considered to have 
failed to maintain continuous physical presence in the United States by 
virtue of ``brief, casual, and innocent absences,'' as the phrase is 
defined in 8 CFR 244.1. ``Continuously resided'' means residing in the 
United States for the entire period specified. An applicant will not be 
considered to have failed to maintain continuous residence in the 
United States by reason of a brief, casual, and innocent absence or due 
merely to a brief temporary trip abroad required by emergency or 
extenuating circumstances outside the control of the applicant.
    For new applicants who seek to register for the first time under 
the redesignation of Angola for TPS, 8 CFR 244.9 provides a non-
exhaustive list of documents with which applicants may demonstrate 
their identity, nationality, and residency.
    For those individuals who are previously registered for TPS and who 
seek to reregister under the extension of TPS for Angola, completing 
the block on

[[Page 18114]]

Form I-821 attesting to the continued maintenance of the conditions of 
eligibility will generally preclude the need for supporting documents 
or evidence. The Service, however, reserves the right to request 
additional information and/or documentation on a case-by-case basis.

Notice of Extension of Designation and Redesignation of Angola 
Under the TPS Program

    By the authority vested in me as Attorney General under section 244 
of the Act, and as required by sections 244(b)(3)(A) and (C), and 
244(b)(1) of the Act, I have consulted with the appropriate government 
agencies concerning the redesignation of Angola under the TPS program 
and the extension of that country's current TPS designation. From these 
consultations, I find the following:
    (1) There exists an ongoing armed conflict in Angola and, due to 
such conflict, returning Angolan nationals (and aliens having no 
nationality who last habitually resided in Angola) would pose a serious 
threat to their personal safety;
    (2) There exists extraordinary and temporary conditions in Angola 
that prevent aliens who are nationals of Angola (and aliens having no 
nationality who last habitually resided in Angola) from returning to 
Angola in safety; and
    (3) Permitting nationals of Angola (and aliens having no 
nationality who last habitually resided in Angola) to remain 
temporarily in the United States is not contrary to the national 
interest of the United States. 8 U.S.C. 1254a(b)(1)(A) and (C).

Accordingly, I order as follows:
    (1) The designation of Angola is extended for the 12-month period 
spanning from March 29, 2001, to March 29, 2002. 8 U.S.C. 
1254a(b)(3)(A) and (C). Nationals of Angola (and aliens having no 
nationality who last habitually resided in Angola) who received TPS 
during the initial designation period may apply for an extension of TPS 
during the 30-day reregistration period from April 5, 2001 until May 7, 
2001.
    (2) Angola is redesignated for TPS for the period effective April 
5, 2001 and ending March 29, 2002. 8 U.S.C. 1254a(b)(2). Nationals of 
Angola (and aliens having no nationality who last habitually resided in 
Angola) who have been ``continuously physically present'' and have 
``continuously resided'' in the United States before or on April 5, 
2001, may apply for TPS within the registration period, which begins 
April 5, 2001 and ends on March 29, 2002 (inclusive of such end date).
    (3) I estimated that there are approximately 3,372 nationals of 
Angola (and aliens who have no nationality and who last habitually 
resided in Angola) who were granted TPS and are eligible for 
reregistration, and no more than 3,300 nationals of Angola (and aliens 
who have no nationality and who last habitually resided in Angola) who 
are not currently registered for TPS, but who are eligible for TPS 
under this redesignation.
    (4) To maintain TPS, a national of Angola (or an alien having no 
nationality who last habitually resided in Angola) who is currently 
registered for TPS must reregister by filing Form I-821, together with 
Form I-765, within the period beginning April 5, 2001 and ending on May 
7, 2001 (inclusive of such end date). There is no fee for a Form I-821 
filed as part of the reregistration application. A Form I-765 must be 
filed with the Form I-821. If the applicant requests employment 
authorization, he or she must submit one hundred dollars ($100) or a 
properly documented fee waiver request, pursuant to 8 CFR 244.20, with 
the Form I-765. An applicant who does not request employment 
authorization must nonetheless file a Form I-765 along with the Form I-
821, but is not required to submit the fee.
    (5) A national of Angola (or an alien having no nationality who 
last habitually resided in Angola) applying for TPS under the 
redesignation must file a Form I-821, together with the Form I-765, 
within the period beginning April 5, 2001, and ending on March 29, 
2002. A fifty-dollar ($50) fee must accompany the Form I-821. If the 
applicant requests employment authorization, he or she must submit a 
one hundred dollar ($100) fee with the Form I-765, A twenty-five dollar 
($25) fingerprinting fee must also be submitted for every applicant who 
is 14 years of age or older. An applicant who does not request 
employment authorization must nonetheless file a Form I-765 along with 
the Form I-821, but is not required to submit the $100 fee for the Form 
I-765. The applicant may request (a) fee waiver(s) in accordance with 8 
CFR 244.20.
    (6) Pursuant to section 244(b)(3)(A) of the Act, I will review, at 
least 60 days before March 29, 2002, the designation of Angola under 
the TPS program to determine whether the conditions for designation 
continue to be met.
    (7) Information concerning the extension and redesignation of 
Angola under the TPS program will be available at local Service offices 
upon publication of this notice.

    Dated: March 30, 2001.
John Ashcroft,
Attorney General.
[FR Doc. 01-8422 Filed 4-4-01; 8:45 am]
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