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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

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[[Federal Register: November 9, 2000 (Volume 65, Number 218)]
[Notices]               
[Page 67404-67405]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no00-107]                         


[[Page 67404]]

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2096-00; AG Order No. 2330-2000]
RIN 1115 AE-26

 
Extension of Designation of Burundi Under the Temporary Protected 
Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The designation of Burundi under the Temporary Protected 
Status (TPS) program expired on November 2, 2000. This notice extends 
the Attorney General's designation of Burundi under the TPS program for 
12 months until November 2, 2001, and sets forth procedures necessary 
for nationals of Burundi (or aliens having no nationality who last 
habitually resided in Burundi) with TPS to register for the additional 
12-month period. Eligible nationals of Burundi (or aliens having no 
nationality who last habitually resided in Burundi) 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 November 3, 1998, who registered under the 
redesignation, which ended November 2, 2000, or who registered under 
the late initial registration provisions. Nationals of Burundi (or 
aliens having no nationality who last habitually resided in Burundi) 
who are eligible for late initial registration may register for TPS 
during this extension.

EFFECTIVE DATES: The extension of the TPS designation for Burundi is 
effective November 2, 2000, and will remain in effect until November 2, 
2001. The 30-day re-registration period begins November 9, 2000, and 
will remain in effect until December 11, 2000.

FOR FURTHER INFORMATION CONTACT: Rebecca K. Peters, 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 Is the Statutory Authority for the Attorney General To Extend 
Burundi's TSP Designation 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 foreign 
state for which the designation is in effect. 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). With respect to Burundi, such an extension makes TPS 
available only to persons who have been continuously physically present 
since November 9, 1999, and have continuously resided in the United 
States from November 9, 1999.

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

    On November 4, 1997, the Attorney General designated Burundi for 
TPS for a period of 12 months (62 FR 59735). Since that date, the 
Departments of State and Justice have annually reviewed conditions 
within Burundi, with the Attorney General extending the designation in 
1998 (63 FR 59334), and extending the designation and redesignating 
Burundi in 1999 (64 FR 61123).
    The Departments of State and Justice have recently reviewed 
conditions within Burundi. The review resulted in a consensus that a 
further 12-month extension is warranted. The State Department, in a 
recent memorandum, explained the reasons for extension, stating: 
``While negotiations yielded a framework for peace in August 2000, no 
cease-fire is in effect. Considerable ethnic violence and deep 
divisions over the distributions of power continue. In addition, the 
widening war in [Democratic Republic of Congo] has effectively pulled 
in Burundi * * *. Burundi is insecure throughout, and the prospects for 
real peace in the near future are uncertain.'' Based on this year's 
review, the Attorney General finds that conditions are Burundi warrant 
a 12-month extension of the designation of Burundi under section 
244(b)(3)(C) of the Act. 8 U.S.C. 1254a(b)(3)(C). Because the Attorney 
General did not determine, at least 60 days before the end of the 
designation period, that the conditions in Burundi no longer warrant 
TPS, the designation was automatically extended six months by operation 
of statute on November 2, 2000. 8 U.S.C. 1254a(b)(3)(C). On the basis 
of the most recent findings, however, the Attorney General finds that 
the TPS designation for Burundi should be extended for an additional 
12-month period, rather than the six month period resulting from the 
automatic extension.

If I Currently Have TPS Through the Burundi TPS Program, Do I Still 
Need To Register for an Extension and How Do I Do So?

    If you have already been granted TPS through the Burundi TPS 
Program, your TPS expired on November 2, 2000. Persons previously 
granted TPS under the Burundi program may apply for an extension by 
filing a Form I-821, Application for Temporary Protected Status, 
without the fee, during the re-registration period that begins November 
9, 2000 and ends December 11, 2000. Additionally, you must file a Form 
I-765, Application for Employment Authorization. To determine whether 
or not you must submit the one-hundred dollar ($100) filing fee with 
the Form I-765, see the chart below.

------------------------------------------------------------------------
                If . . .                            Then . . .
------------------------------------------------------------------------
You are applying for employment          You must complete and file the
 authorization until November 2, 2001.    Form I-765, Application for
                                          Employment Authorization, with
                                          the one-hundred dollar ($100)
                                          fee.
------------------------------------------------------------------------
You have employment authorization until  You must complete and file the
 November 2, 2001, or do not require      Form I-765, Application for
 employment authorization.                Employment Authorization, with
                                          no fee.
------------------------------------------------------------------------
You are applying for employment          You must complete and file Form
 authorization and are requesting a fee   I-765 and a fee waiver request
 waiver.                                  and affidavit (and any other
                                          information) in accordance
                                          with 8 CFR 244.20.
------------------------------------------------------------------------


[[Page 67405]]

To re-register for TPS, you must also include two identification 
photographs (1\1/2\"  x  1\1/2\").

Where Must I File for an Extension of TPS?

    Nationals of Burundi (or aliens who have no nationality and who 
last habitually resided in Burundi) seeking to register for the 
extension of TPS must submit an application and accompanying materials 
to the Immigration and Naturalization Service (Service) district office 
that has jurisdiction over the applicant's place of residence.

When Must I File for an Extension of TPS?

    The 30-day re-registration period begins November 9, 2000, and will 
remain in effect until December 11, 2000.

How Does an Application for TPS Affect My Application for Asylum and 
Other Immigration Benefits?

    An application for TPS does not affect an application for asylum or 
any other immigration benefit. A national of Burundi (or alien having 
no nationality who last habitually resided in Burundi) 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 register 
for TPS, although the grounds of denial may also be grounds of denial 
for 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).

Does This Extension Allow Nationals of Burdundi (or Aliens Having No 
Nationality Who Last Habitually Resided in Burdundi) Who Entered the 
United States After November 9, 1999, To File for TPS?

    No. This is a notice of an extension of the TPS designation for 
Burundi, not a notice of redesignation for Burundi for TPS. An 
extension of TPS does not change the required dates of continuous 
residence and continuous physical presence in the United States and 
does not expand TPS availability to include nationals of Burundi (or 
aliens having no nationality who last habitually resided in Burundi) 
who arrived in the United States after the date of the most recent 
redesignation, in this case, November 9, 1999.

Is Late Initial Registration Possible?

    Yes. In addition to timely re-registration, late initial 
registration is possible for some persons from Burundi under 8 CFR 
244.2(f)(2). To apply for late initial registration an applicant must:
    (1) Be a national of Burundi (or an alien who has no nationality 
and who last habitually resided in Burundi);
    (2) Have been continuously physically present in the United States 
since November 9, 1999;
    (3) Have continuously resided in the United States since November 
9, 1999; and
    (4) Be admissible as an immigrant, except as otherwise 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 November 9, 1999, through November 
2, 2000, 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 register no later 
than sixty (60) days from the expiration or termination of the 
conditions described above. 8 CFR 244.2(g).

Notice of Extension of Designation of Burundi Under the TPS Program

    By the authority vested in me as Attorney General under section 
244(b)(3)(A) and (C), and (b)(1) of the Act, I have consulted with the 
appropriate Government agencies concerning whether the conditions under 
which Burundi was designated for TPS continue to exist. As a result, I 
determine that the conditions for the original designation of TPS for 
Burundi continue to be met. 8 U.S.C. 1254a(b)(3)(A). Accordingly, I 
order as follows:
    (1) The designation of Burundi under section 244(b) of the Act is 
extended for an additional 12-month period from November 2, 2000, until 
November 2, 2001. 8 U.S.C. 1254a(b)(3)(C).
    (2) I estimate that there are approximately 1,000 nationals of 
Burundi (or aliens who have no nationality and who last habitually 
resided in Burundi) who have been granted TPS and who are eligible for 
re-registration.
    (3) In order to be eligible for TPS during the period from November 
2, 2000, to November 2, 2001, a national of Burundi (or an alien who 
has no nationality and who last habitually resided in Burundi) who has 
already received a grant of TPS under the Burundi TPS designation or 
who is eligible to file under the late filing provision of 8 CFR 
244.2(f)(2) must register for TPS by filing a new Application for 
Temporary Protected Status, Form I-821, along with an Application for 
Employment Authorization, Form I-765, within the 30-day period 
beginning on November 9, 2000 and ending on December 11, 2000. Late 
registration will be allowed only for good cause shown pursuant to 8 
CFR 244.17(c).
    (4) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before November 2, 2001, 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, including the basis for the 
determination, will be published in the Federal Register. 8 U.S.C. 
1254a(b)(3)(A).
    (5) Information concerning the TPS program for nationals of Burundi 
(or aliens who have no nationality and who last habitually resided in 
Burundi) will be available at local Service offices upon publication of 
this notice.

    Dated: November 2, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-28749 Filed 11-8-00; 8:45 am]
BILLING CODE 4410-10-M


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