[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)] [Notices] [Pages 61123-61125] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-29248] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Immigration and Naturalization Service [INS No. 2022-99; AG Order No. 2271-99] RIN 1115-AE26 Extension and Redesignation of Burundi Under the Temporary Protected Status Program AGENCY: Immigration and Naturalization Service, Justice. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On November 4, 1997, the Attorney General designated Burundi under the Temporary Protected Status (TPS) program for a period of twelve months. This initial designation allowed eligible nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) who had continuously resided in the United States since that date to apply for TPS. This initial designation, which expired November 3, 1998, was extended last year. This notice extends the TPS designation for Burundi for another twelve-month period (until November 2, 2000), and sets forth the procedures necessary for nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) with TPS to re-register for TPS program. This notice also redesignates Burundi under the TPS program, thereby expanding TPS eligibility to include nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) who have been ``continuously present in the United States'' and who have ``continuously resided in the United States'' since November 9, 1999. EFFECTIVE DATES: Extension of Designation and Re-Registration The extension of Burundi's TPS designation is effective November 3, 1999, and lasts until November 2, 2000. Nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) who currently have TPS must re-register for TPS during the period lasting from November 9, 1999, until December 9, 1999. Redesignation The redesignation of Burundi for TPS is effective from November 9, 1999, until November 2, 2000. The registration period for nationals of Burundi (and aliens who last habitually resided in Burundi) begins on November 9, 1999, and will remain in effective until November 2, 2000. FOR FURTHER INFORMATION CONTACT: Michael Valverde, Program Analyst, Immigration and Naturalization Service, Room 3040, 425 I Street, NW, Washington, DC 20535, telephone (202) 514-4754. SUPPLEMENTARY INFORMATION: What Is the Statutory Authority for the Attorney General To Extend Burundi'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, 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). Under section 244(b)(3)(C), the Attorney General may extend the initial TPS period based on a determination that the foreign state continues to meet the conditions for designation. 8 U.S.C. 1254(b)(3)(C). Through such an extension, however, TPS continues to be available only to aliens who have been continuously physically present and who have continuously resided in the United States from the effective date of the initial designation, in this case since November 4, 1997. What Is the Statutory Authority for the Attorney General To Redesignate Burundi Under the TPS Program? Section 244(b)(1) of the Act implicitly permits the Attorney General to redesignate a foreign state (or any part of such foreign state) under the TPS program such that non-covered aliens residing in the United States could receive TPS benefits, instead of simply extending a foreign state's TPS designation and thereby extending benefits to previously eligible aliens. 8 U.S.C. 1254(b)(1). An alien is eligible for TPS if he or she is otherwise admissible, and ``has been continuously physically present since and has continually resided in the United States since the effective date of the most recent designation of that state.'' 8 U.S.C. 1254a(c)(1)(A)(i). Why Did the Attorney General Decide To Both Extend and Redesignate Burundi Under the TPS Program? On November 4, 1997, the Attorney General designated Burundi under the TPS program. Since that time, the Attorney General and the Department of State have continuously examined conditions in Burundi. A recent Department of State report on conditions in that country found that, ``[w]hile the Arusha peace negotiations continue, Burundi nevertheless remains a fragile country with considerable ethnic violence and deep divisions over the distribution of power. The June 1998 cease fire agreement has been generally ineffective, and Burundi can still be described as a nation undergoing civil war.'' The memorandum further states that ``[w]ide-spread and serious human rights abuses continue to be committed by both the rebels and the Burundian military. Burundi remains insecure throughout the country.'' Based on these and other findings, the Attorney General has determined that conditions in Burundi warrant the extension and redesignation of Burundi under the TPS program. This order will extend the availability of TPS to eligible nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) who arrived in the United States after the date of initial designation. If I Currently Have TPS Through the Burundi TPS Program, Do I Still Need to Re-Register for TPS? Yes. If you were granted TPS based on the initial designation of Burundi, that status will expire on November 3, 1999. Accordingly, you must re-register for TPS in order to maintain your status through November 2, 2000. With re- [[Page 61124]] registration, you do not need to pay the fifty-dollar ($50) filing fee for the Form I-821, Application for Temporary Protected Status. If you do not have TPS or have TPS but miss the re-registration period, you can still apply for TPS under the redesignation, if you have been continuously physically present and have continuously resided in the United States since November 9, 1999. See the registration instructions below for complete filing procedures. If I Currently Have TPS, How Do I Register for an Extension? All applicants previously granted TPS under the Burundi program may apply for an extension by filing a Form I-821 (without the fee) during the re-registration period that begins November 9, 1999 and ends December 9, 1999. Additionally, you must file a Form I-765, Application for Employment Authorization. See Chart 1 below to determine whether or not you must submit the one hundred-dollar ($100) filing fee with the Form I-765. Chart 1 ------------------------------------------------------------------------ If Then ------------------------------------------------------------------------ You are applying for employment You must complete and file the authorization through November 2, 2000. 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 request Form I-765, Application for employment authorization. Employment Authorization, without a fee. You are applying for employment You must complete and file Form authorization and are requesting a fee I-765, an appropriately waiver. documented fee waiver request, and the requisite affidavit (and any other information), in accordance with 8 CFR 244.20. ------------------------------------------------------------------------ To re-register for TPS, you also must include two identification photographs (1\1/2\'' x 1\1/2\''). If I Do Not Currently Have TPS, How Do I Register? All applicants filing for TPS under the Burundi redesignation who have not previously been granted TPS must apply by filing Form I-821 and the fifty-dollar ($50) fee. Additionally, you must submit the Form I-765 and a twenty-five dollar ($25) fingerprinting fee. See Chart 2 below to determine if you must also submit the one hundred-dollar ($100) filing fee for Form I-765, and to obtain information on requesting a fee waiver. Chart 2 ------------------------------------------------------------------------ If Then ------------------------------------------------------------------------ You are applying for employment You must complete and file the authorization through November 2, 2000. 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 request Form I-765, Application for employment authorization. Employment Authorization, without a fee. You are requesting a fee waiver for the You must complete and file Form $50 fee of the Form I-821, $100 fee I-821, Form I-765, and an for the Form I-765, and $25 appropriately documented fee fingerprinting fee. waiver request and the affidavit (and any other information), in accordance with 8 CFR 244.20. ------------------------------------------------------------------------ To register for TPS, you also must include two identification photographs (1\1/2\'' x 1\1/2\'') and supporting evidence, as provided in 8 CFR 244.9 (evidence of identity, nationality, and proof of residence). When Must I Re-Register for TPS Under the Extension? For nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) who currently have TPS, the re- registration period begins November 9, 1999 and lasts until December 9, 1999. If you have TSP from the original designation but do not file during the re-registration period, you can still file a new application for TPS under the redesignation. If you are filing a new application, you will need to follow the instructions for applying under the redesignation. When Must I Register for TPS Under the Redesignation? The registration period for nationals of Burundi applying for TPS under the redesignation begins November 9, 1999, and will remain in effect until November 2, 2000. Where Must I File My Application for TPS Under This Extension and Redesignation? Applicants seeking to register for TPS or to extend their TPS must submit an application and accompanying materials to the Immigration and Naturalization Service (INS) district office that has jurisdiction over the applicant's place of residence. What Are the Requirements for Nationals of Burundi To Demonstrate That They Have Been ``Continuously Physically Present'' and Have ``Continuously Resided'' in the United States? All new applicants for TPS under the Burundi redesignation will have to demonstrate ``continuous physical presence'' and ``continuous residence'' in the United States since November 9, 1999. ``Continuously physically present'' means actual physical presence in the United States for the entire period specified. An alien, however, shall not shall be considered to have failed to maintain continuous physical presence in the United States by virture of brief, casual, and innocent absence. ``Continuously resided'' means residing in the United States for the entire period specified. An alien will not be considered to have failed to maintain continuous residence in the [[Page 61125]] United States by reason of a brief, casual, and innocent absence. Notice of Extension of Designation and Redesignation of Burundi 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 Burundi 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 Burundi and that a return of aliens who are nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) would pose a serious threat to their personal safety as a result of the armed conflict in that nation; (2) There exist extraordinary and temporary conditions in Burundi that prevent aliens who are nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) from returning to Burundi in safety; and (3) Permitting nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) to remain temporarily in the Untied 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 Burundi is extended under section 244(b)(3)(A) and (C) of the Act for the 12-month period spanning from November 3, 1999, to November 2, 2000. 8 U.S.C. 1254a(b)(3)(A) and (C). Nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) who received TPS during the initial designation period may apply for an extension of TPS during the registration period lasting from November 9, 1999 until December 9, 1999. (2) Burundi is redesignated under section 244(b)(1) of the Act for TPS for a twelve-month period until November 2, 2000. 8 U.S.C. 1254a(b)(1). Nationals of Burundi (and aliens having no nationality who last habitually resided in Burundi) who have been ``continuously physically present'' and have ``continuously resided'' in the United States since November 9, 1999, may apply for TPS within the registration period, which begins November 9, 1999, and ends November 2, 2000. (3) I estimate that there are no more than 500 nationals of Burundi who have been granted TPS and who are eligible for re-registration, and no more than 500 nationals of Burundi who do not have TPS and are eligible for TPS under this redesignation. (4) In order to maintain TPS, a national of Burundi (or an alien having no nationality who last habitually resided in Burundi) who currently has TPS must re-register by filing Form I-821, together with Form I-765, within the period beginning November 9, 1999 and ending on December 9, 1999. Late re-registration applications will be allowed pursuant to 8 CFR 244.17(c). There is no fee for a Form I-821 filed as part of the re-registration 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 Form I-765 along with Form I-821, but is not required to submit the fee. (5) A national of Burundi (or an alien having no nationality who last habitually resided in Burundi) filing for TPS under the redesignation must file Form I-821, together with Form I-765, within the period beginning November 9, 1999, and ending on November 2, 2000. A fifty-dollar ($50) fee must accompany Form I-821. A twenty-five dollar ($25) fingerprinting fee must also be submitted. 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 Form I-765 along with Form I-821 but is not required to submit the fee. The applicant can also request a fee waiver for the twenty-five dollar ($25) fee. (6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney General will review, at least 60 days before November 2, 2000, the designation of Burundi 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 will be published in the Federal Register. If there is an extension of designation, late initial registration for TPS will be allowed only pursuant to the requirements of 8 CFR 244.2(f)(2). (7) Information concerning the redesignation of Burundi under the TPS program will be available at local INS offices upon publication of this notice. Dated: November 2, 1999. Janet Reno, Attorney General. [FR Doc. 99-29248 Filed 11-8-99; 8:45 am] BILLING CODE 4410-16-M