[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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