[Federal Register Volume 67, Number 22 (Friday, February 1, 2002)]
[Notices]
[Pages 4997-4999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2528]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2114-01; AG Order No. 2555-2002]
RIN 1115-AE26


Extension of the Designation of Angola Under Temporary Protected 
Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: The designation of Angola under the Temporary Protected Status 
(TPS) Program will expire on March 29, 2002. This notice extends the 
Attorney General's designation of Angola for 12 months until March 29, 
2003, and sets forth procedures necessary for nationals of Angola (or 
aliens having no nationality who last habitually resided in Angola) 
with TPS to re-register for the additional 12-month period. 
Registration is limited to persons who both registered under the 
initial designation (which ended on March 29, 2001) and also timely re-
registered under the extension of designation, or registered under the 
redesignation (which ends March 29, 2002). Nationals of Angola (or 
aliens having no nationality who last habitually resided in Angola) who 
previously have not applied for TPS may be eligible to apply under the 
late initial registration provisions.

EFFECTIVE DATES: The extension of Angola's TPS designation is effective 
March 29, 2002, and will remain in effect until March 29, 2003. The 60-
day re-registration period begins February 1, 2002 and will remain in 
effect until April 2, 2002.

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

SUPPLEMENTARY INFORMATION:

What Authority Does the Attorney General Have To Extend the 
Designation of Angola Under the TPS Program?

    Section 244(b)(3)(A) of the Immigration and Nationally 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 he designation is in effect. 8 U.S.C. 
1254a(b)(3)(A). If the Attorney General does not determine that the 
foreign state no longer continues to meet the conditions for 
designation, the period of designation is extended automatically for 6 
months pursuant to section 244(b)(3)(C) of the Act, although the 
Attorney General may exercise his discretion to extend the designation 
for a period of 12 or 18 months. 8 U.S.C. 1254a(b)(3)(C). With respect 
to Angola, such an extension makes TPS available only to persons who 
have been continuously physically present since April 5, 2001, and have 
continuously resided in the United States since the effective date of 
the redesignation, April 5, 2001.

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

    On March 29, 2000, the Attorney General designated Angola under the 
TPS program (65 FR 16634). Since that time, the Departments of Justice 
and State have continuously reviewed conditions in Angola, extending 
and re-designating Angola under the TPS program on April 5, 2001 (66 FR 
18111). The current review has resulted in a consensus that a further 
12-month extension is warranted. A recent Department of State report 
found that the conditions under which Angola was designated for TPS 
have not ceased to exist and, therefore, ``[t]he situation in Angola 
remains unsafe for return.'' Recommendation for Extension Of TPS, INS/
DOS Consultation for Angola (November 1, 2001). The Department of 
Justice reports that ``[g]uerilla activities of UNITA have spread in 
recent months and both sides to the conflict have subjected civilians 
to a wide range of human rights abuses.'' The INS Resource Information 
Center, Angola: Information on Civil Conflict and the Socioeconomic and 
Humanitarian Situation (December 1, 2001). Such ongoing, armed conflict 
continues to threaten seriously the personal safety of Angolans, and 
the Department of State estimates that the fighting between UNTIA 
rebels and the Angolan Government will continue well into next year. 
Recommendation for Extension of TPS, INS/DOS Consultation for Angola. 
``The warring parties have repeatedly subjected the civilian population 
to forced displacements and acts of violence,'' including murder and 
rape. Id. Approximately 3 million Angolans remain internally displaced, 
380,000 of whom have been displaced since January 2001. Id. 
Additionally, UNITA rebels have begun ``using terrorist tactics to 
attack civilians even in government-controlled areas.'' Id. The armed 
conflict also continues to effect health conditions in Angola. The 
Department of State's report cities that ``[i]n overcrowded cities and 
makeshift IDP camps, malnutrition and vitamin deficiency-induced 
illnesses flourish, while poor water and sanitation conditions create 
an environment of increased risk of disease and epidemics such as polio 
and meningitis.'' Id. Also, the Department of State estimates that 
there are approximately 8 million landmines planted in Angolan soil, 
making it such that ``[r]eturnees would be at risk of becoming 
casualties.'' Id.
    Based on this review, the Attorney General finds that the 
conditions that prompted designation of Angola under the TPS program 
continue to be met. 8 U.S.C. 1254a(b)(3)(A). There is an ongoing armed 
conflict within Angola and, due to such conflict, requiring the return 
of aliens who are nationals of Angola (or aliens having no nationality 
who last habitually resided in Angola) would pose a serious threat to 
their personal safety. 8 U.S.C. 1254a(b)(1)(A). Furthermore, there 
exist extraordinary and temporary conditions in Angola that prevent 
nationals of Angola (and aliens having no nationality who last 
habitually resided in Angola) from returning home in safety. 8 U.S.C. 
1254a(b)(1)(C). Finally, permitting nationals of Angola to remain 
temporarily in the United States is not contrary to the national 
interest of the United States. Id. On the basis of these findings, the 
Attorney General concludes that the TPS designation for Angola should 
be extended for an additional 12-month period. 8 U.S.C. 1254a(b)(3)(C).

If I Currently Have TPS Through the Angola TPS Program, Do I Still 
Re-Register for TPS?

    Yes. If you have already been granted TPS through the Angola TPS 
program, your status will expire on March 29, 2002. Accordingly, you 
must re-register for TPS in order to maintain your status through March 
29, 2003. See the re-registration instructions below.

If I Am Currently Registered for TPS, How Do I Re-Register 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, Application for Temporary Protected Status, without the 
$50 filing fee; (2) a Form I-765, Application for

[[Page 4998]]

Employment Authorization; and (3) two identification photographs (1\1/
2\ inches x 1\1/2\ inches). See the chart below to determine whether 
you must submit the one hundred and twenty dollar ($120) filing fee 
with Form I-765. Applicants for an extension of TPS benefits do not 
need to be re-fingerprinted and thus need not pay the $50 fingerprint 
fee, Children beneficiaries of TPS who have reached the age of fourteen 
(14) but were not previously fingerprinted must pay the fifty dollar 
($50) fingerprint fee with the application for extension.
    Submit the completed forms and applicable fee, if any, to the 
Immigration and Naturalization Service (``Service'') district office 
having jurisdiction over your place of residence during the 60-day re-
registration period that beings February 1, 2002 and April 2, 2002 
(inclusive of such end date).

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                    If                                  Then
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You are applying for employment             You must complete and file
 authorization until March 29, 2003.         the Form I-765, Application
                                             for Employment
                                             Authorization, with the
                                             $120 fee.
You already have employment authorization   You must complete and file
 or do not require employment                Form I-765 with no fee.
 authorization.
You are applying for employment             You must complete and file:
 authorization and are requesting a fee      (1) Form I-765 and (2) a
 waiver.                                     fee waiver request and
                                             affidavit (and any other
                                             information) in accordance
                                             with 8 CFR 244.20.
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Where Must I Ffile?

    Submit the completed forms, applicable fees, and identification 
photographs to the Service district office having jurisdiction over 
your place of residence.

When Must I File?

    You must file your application and accompanying materials within 
the 60-day reregistration period that begins February 1, 2002 and ends 
April 2, 2002 (inclusive of such end date).

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 Angola (or alien having no 
nationality who last habitually resided in Angola) 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 apply for 
TPS, although the grounds for denying one form of relief may also be 
grounds for denying TPS. For example, a person who has been convicted 
of a particularly serious crime is not eligible for asylum or TPS. 8 
U.S.C. 1158(b)(2); 8 U.S.C. 1254a(c)(2)(B)(i).

Does This Extension Allow Nationals of Angola (or Aliens Having No 
Nationality Who Last Habitually Resided in Angola) Who Entered the 
United States After April 5, 2001, To File for TPS?

    No. This is a notice of an extension of the TPS designation for 
Angola, not a notice of redesignation of Angola under the TPS program. 
An extension of TPS does not change the required dates of continuous 
residence and continuous physical presence in the United States, in 
this case, April 5, 2001. This extension does not expand TPS 
availability to include nationals of Angola (or aliens having no 
nationality who last habitually resided in Angola) who have not been 
continuously physically present in, and have not continuously resided 
in, the United States since the date of the most recent redesignation, 
April 5, 2001.

Is Late Initial Registration Possible?

    Yes. Some persons may be eligible for late initial registration 
under 8 CFR 244.2. To apply for late initial registration an applicant 
must:
    (1) Be a national of Angola (or alien who has no nationality and 
who last habitually resided in Angola);
    (2) Have been continuously physically present in the United States 
since April 5, 2001;
    (3) Have continuously resided in the United States since April 5, 
2001; and
    (4) Be both 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 registration period from April 5, 2001, through March 29, 2002, he 
or she:
    (1) Was a nonimmigrant 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 or change of 
status pending or subject to further review or appeal;
    (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. 8 CFR 244.2(f)(2).
    An applicant for late initial registration must file an application 
for late registration within a 60-day period immediately following the 
expiration or termination of the conditions described above. 8 CFR 
244.2(g).

Notice of Extension of Designation of Angola Under the TPS Program

    By the authority vested in me as Attorney General under sections 
244(b)(1), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted with 
the appropriate government agencies and determine that the conditions 
that prompted designation of Angola for TPS continue to be met. 8 
U.S.C. 1254a(b)(3)(A). Accordingly, I order as follows:
    (1) The designation of Angola under section 244(b) of the Act is 
extended for an additional 12-month period from March 29, 2002, to 
March 29, 2003. 8 U.S.C. 1254a(b)(3)(C).
    (2) There are approximately 1,000 nationals of Angola (or aliens 
having no nationality who last habitually resided in Angola) who have 
been granted TPS and who are eligible for re-registration.
    (3) To maintain TPS, a national of Angola (or an alien having no 
nationality who last habitually resided in Angola) who received TPS 
during the initial designation or redesignation periods must re-
register for TPS during the 60-day re-registration period from February 
1, 2002 until April 2, 2002.
    (4) To re-register, the applicant must file the following: (1) Form 
I-821, Application for Temporary Protected Status; (2) Form I-765, 
Application for Employment Authorization; and (3) two identification 
photographs (1\1/2\ inches by 1\1/2\ inches). There is no fee for a 
Form I-821 filed as part of the re-registration application. If the 
applicant requests employment authorization, he or she must submit one 
hundred and twenty dollars ($120) 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 
Form I-765 along with Form I-821, but is not required to submit the 
fee. The fifty dollar ($50) fingerprint fee is required only for 
children beneficiaries of TPS who have reached the age of 14 but were 
not previously fingerprinted. Failure to re-register without good cause 
will result in the withdrawal of TPS. 8 CFR 244.17(c). Some persons who 
had not previously applied for TPS may be eligible for late initial 
registration under 8 CFR 244.2.

[[Page 4999]]

    (5) At least 60 days before this extension terminates on March 29, 
2003, the Attorney General will review the designation of Angola under 
the TPS program and determine whether the conditions for designation 
continue to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that 
determination, including the basis for the determination, will be 
published in the Federal Register. 8 U.S.C. 1254a(b)(3)(A).
    (6) Information concerning the extension of designation of Angola 
under the TPS program will be available at local Service offices upon 
publication of this notice and on the Service Web site at http://www.ins.usdoj.gov.

    Dated: January 28, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-2528 Filed 1-31-02; 8:45 am]
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