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

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

[Federal Register: November 9, 2000 (Volume 65, Number 218)]
[Notices]               
[Page 67405-67407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no00-108]                         

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

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2095-00; AG Order No. 2332-2000]
RIN 1115-AE 26

 
Extension of Designation of Sierra Leone Under the Temporary 
Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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

SUMMARY: The designation of Sierra Leone under the Temporary Protected 
Status (TPS) program expired on November 2, 2000. This notice extends 
the Attorney General's designation of

[[Page 67406]]

Sierra Leone under the TPS program for 12 months until November 2, 
2001, and sets forth procedures necessary for nationals of Sierra Leone 
(or aliens having no nationality who last habitually resided in Sierra 
Leone) with TPS to register for the additional 12-month period. 
Eligible nationals of Sierra Leone (or aliens having no nationality who 
last habitually resided in Sierra Leone) 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 Sierra Leone (or aliens having no 
nationality who last habitually resided in Sierra Leone) who are 
eligible for late initial registration may register for TPS during this 
extension.

EFFECTIVE DATES: The extension of the TPS designation for Sierra Leone 
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 
Sierra Leone's TPS 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. 
12254a(b)(3)(C). With respect to Sierra Leone, 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 Sierra Leone?

    On November 4, 1997, the Attorney General designated Sierra Leone 
for TPS for a period of 12 months (62 FR 59736). Since that date, the 
Departments of State and Justice have annually reviewed conditions 
within Sierra Leone, with the Attorney General extending the 
designation in 1998 (63 FR 59336), and extending the designation and 
redesignating Sierra Leone in 1999 (64 FR 61125). The Departments of 
State and Justice have recently reviewed conditions within Sierra 
Leone. The review resulted in a consensus that a further 12-month 
extension is warranted. The reasons for extension, as explained in a 
State Department memorandum, are as follows: ``While the Lome Peace 
Accord was signed in July 1999 rebels did not comply with disarmament 
and demobilization commitments. Active conflict resumed in May 2000 
between the Revolutionary United Front (RUF) and government forces 
supported by the United Nations Mission to Sierra Leone (UNAMSIL) 
peacekeepers. Harassment, abuse, and atrocities committed against 
unarmed civilians by the RUF rebels, as well as by undisciplined 
elements of pro-government forces continue.'' Based on this year's 
review, the Attorney General finds that conditions in Sierra Leone 
warrant a 12-month extension of the designation of Sierra Leone 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 Sierra Leone 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 Sierra Leone 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 Sierra Leone 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 Sierra Leone TPS 
Program, your TPS expired on November 2, 2000. Persons previously 
granted TPS under the Sierra Leone 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.
------------------------------------------------------------------------

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 Sierra Leone (or aliens who have no nationality and 
who last habitually resided in Sierra Leone) 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

[[Page 67407]]

remain in effect until December 11, 2000.

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 Sierra Leone (or alien 
having no nationality who last habitually resided in Sierra Leone) 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 Sierra Leone (or Aliens 
Having No Nationality Who Last Habitually Resided in Sierra Leone) 
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 
Sierra Leone, not a notice of redesignation for Sierra Leone 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 Sierra Leone 
(or aliens having no nationality who last habitually resided in Sierra 
Leone) 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 Sierra Leone under 8 CFR 
244.2(f)(2). To apply for late initial registration an applicant must:
    (1) be a national of Sierra Leone (or an alien who has no 
nationality and who last habitually resided in Sierra Leone);
    (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 Sierra Leone Under the TPS 
Program

    By the authority vested in me as Attorney General under sections 
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 Sierra Leone was designated for TPS continue to exist. As a 
result, I determine that the conditions for the original designation of 
TPS for Sierra Leone continue to be met. 8 U.S.C. 1254a(b)(3)(A). 
Accordingly, I order as follows:
    (1) The designation of Sierra Leone 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 5,000 nationals of 
Sierra Leone (or aliens who have no nationality and who last habitually 
resided in Sierra Leone) 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 Sierra Leone (or an alien 
who has no nationality and who last habitually resided in Sierra Leone) 
who has already received a grant of TPS under the Sierra Leone 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 Sierra Leone 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 Sierra 
Leone (or aliens who have no nationality and who last habitually 
resided in Sierra Leone) will be available at local Service offices 
upon publication of this notice.

    Dated: November 2, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-28747 Filed 11-8-00; 8:45 am]
BILLING CODE 4410-10-M


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