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< Go back to Immigration Daily [Federal Register: May 11, 2000 (Volume 65, Number 92)] [Notices] [Page 30440-30442] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr11my00-96] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Immigration and Naturalization Service [INS No. 2064-00; AG Order No. 2301-2000] RIN 1115-AE26 Extension of Designation of Nicaragua Under Temporary Protected Status Program AGENCY: Immigration and Naturalization Service, Justice. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice extends the Attorney General's designation of Nicaragua under the Temporary Protected Status (TPS) program until July 5, 2001. Eligible nationals of Nicaragua (or aliens having no nationality who last habitually resided in Nicaragua) may re-register for TPS and an extension of employment authorization. Re-registration is limited to persons who registered during the initial registration period, which ended on August 20, 1999, or who registered after that date under the late initial registration provision. Persons who are eligible for late initial registration may register for TPS during this extension. EFFECTIVE DATES: The extension of the TPS designation for Nicaragua is effective July 6, 2000, and will remain in effect until July 5, 2001. The 30-day re-registration period begins May 11, 2000 and will remain in effect until June 12, 2000. FOR FURTHER INFORMATION CONTACT: Michael Hardin, Residence and Status Services Branch, Adjudications, Immigration and Naturalization Service, 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 Nicaragua 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). Through such an extension, TPS is available only to persons who have been continuously physically present since January 5, 1999, and have continuously resided in the United States from December 30, 1998. Why Did the Attorney General Decide To Extend the TPS Designation for Nicaragua? On January 5, 1999, the Attorney General initially designated Nicaragua for TPS for a period of 18 months. 64 FR 526 (Jan. 5, 1999). The Departments of State and Justice have recently reviewed conditions within Nicaragua. The review resulted in a consensus that a 12-month extension is warranted. The reasons for the extension are explained in a State Department memorandum that states: ``The conditions which led to the original designation are less severe, but continue to cause substantial disruption to living conditions in Nicaragua.'' The memorandum also states that ``a significant portion of the U.S. and international aid promised for assisting in reconstruction is still being delivered.'' The State Department memorandum concludes that reconstruction efforts should accelerate during the 2000 calendar year. An Immigration and Naturalization Service memorandum concurs with the State Department, finding that although Nicaragua has made some progress in recovering from Hurricane Mitch, the recovery has been very slow, especially in the areas of housing and infrastructure. For example, the memorandum reports that ``[a]ccording to [a] Nicaraguan non- governmental umbrella organization * * * of the tens of thousands of houses destroyed by Mitch, only 2,500 had been replaced a year after the storm struck.'' Based on these recommendations, the Attorney General finds the situation in Nicaragua meets the conditions for extension of TPS 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 Nicaragua as a result of an environmental disaster, and Nicaragua continues to be unable, temporarily, to handle adequately the return of its nationals. 8 U.S.C. 1254a(b)(1)(B)(i)-(ii). Therefore, the review failed to show that country conditions have improved to a degree that supports termination. Even in cases where conditions have improved, the Act provides for automatic extension in the absence of a determination by the [[Page 30441]] Attorney General that country conditions no longer support a TPS designation. Since the Attorney General did not determine that the conditions in Nicaragua no longer warrant TPS, the designation must be extended. On the basis of these findings, an extension of the TPS designation for Nicaragua is warranted for an additional 12-month period. 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 or those with applications pending under the initial Nicaragua designation may apply for an extension by filing a Form I-821, Application for TPS, without the fee, during the re-registration period that begins May 11, 2000 and ends June 12, 2000. Additionally, you must file a Form I-765, Application for Employment Authorization. See the chart below to determine whether 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 authorization through July 5, 2001. the Form I-765, Application for Employment Authorization, with the one- hundred dollar ($100) fee. ------------------------------------------------------------------------ You already have employment authorization You must complete and file or do not require employment the Form I-765 with no fee. authorization. ------------------------------------------------------------------------ You are applying for employment You must complete and file authorization and are requesting a fee Form I-765, a fee waiver 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\"). Is Late Initial Registration Possible? Yes. In addition to timely re-registration, late initial registration is possible for some persons from Nicaragua under 8 CFR 244.2(f)(2). Late initial registration applicants must meet the following requirements: Share this page | Bookmark this page The leading immigration law publisher - over 50000 pages of free information!
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