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[Federal Register: March 9, 2001 (Volume 66, Number 47)]
[Notices]               
[Page 14214-14216]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr01-106]                         

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

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2125-01; AG Order No. 2404-2001]
RIN 1115-AE26

 
Designation of El Salvador Under Temporary Protected Status 
Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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

SUMMARY: This notice designates El Salvador for the Temporary Protected 
Status (TPS) program for a period of 18 months. Under section 244(b)(1) 
of the Immigration and Nationality Act, as amended (Act), the Attorney 
General is authorized to grant TPS to eligible nationals of designated 
foreign states or parts of such states (or to eligible aliens who have 
no nationality and who last habitually resided in such designated 
states) upon finding that such states are experiencing ongoing armed 
conflict, environmental disaster, or other extraordinary and temporary 
conditions.

EFFECTIVE DATES: This designation is effective on March 9, 2001 and 
will remain in effect until September 9, 2002.

FOR FURTHER INFORMATION CONTACT: Rebecca K. Peters, Residence and 
Status Branch, Adjudications, Immigration and Naturalization Service, 
425 I Street, NW., Room 3214, Washington, DC 20536, telephone (202) 
514-4754.

SUPPLEMENTARY INFORMATION:

What Is Temporary Protected Status?

    TPS is a temporary immigration status granted to eligible nationals 
of designated countries or part of a designated country. During the 
period for which the Attorney General has designated a country under 
the TPS program, TPS beneficiaries are not required to leave the United 
States and may obtain work authorization. The granting of TPS does not 
lead to permanent resident status. When the Attorney General terminates 
a country's TPS designation, beneficiaries return to the same 
immigration status they maintained before TPS (unless that status had 
since expired or been terminated) or to any other status they may have 
been granted while registered for TPS.

Why Is El Salvador Being Designated for the TPS Program?

    El Salvador suffered a devastating earthquake on January 13, 2001, 
and experienced two more earthquakes on February 13 and 17, 2001. Based 
on a thorough review by the Departments of State and Justice, the 
Attorney General has determined that, due to the environmental disaster 
and substantial disruption of living conditions caused by the 
earthquakes, El Salvador is ``unable, temporarily, to handle adequately 
the return'' of its nationals. 8 U.S.C. 1254a(b)(1)(B).
    A recent Department of State report indicates that the January 13 
and February 13 earthquakes have resulted in at least 1,100 deaths, 
7,859 injuries, and over 2,500 missing. In addition, the earthquakes 
have displaced an estimated 1.3 million persons out of El Salvador's 
population of 6.2 million (e.g. 17%), over 80,000 of whom are living in 
temporary camps. The Department of State further reports that 
approximately 220,000 homes, 1,696 schools, and 856 public buildings 
have been damaged or destroyed. Earthquake-caused losses in housing, 
infrastructure, and the agricultural sector exceed $2.8 billion.
    The significant damage from the earthquakes has resulted in a 
``substantial, but temporary, disruption of living conditions'' in El 
Salvador, such that El Salvador ``is unable, temporarily, to handle 
adequately the return'' of its nationals. 8 U.S.C. 1254a(b)(1)(B)(i) 
and (ii). The Government of El Salvador submitted a formal request for 
TPS designation to the Secretary of State on January 17, 2001. 8 U.S.C. 
1254a(b)(1)(B)(iii). Accordingly, the Attorney General has determined 
that conditions in El Salvador warrant the designation of El Salvador 
under the TPS program. This order will designate El Salvador under the 
TPS program for an initial period of 18 months.

Who Is Eligible for El Salvador TPS?

    Nationals of El Salvador (and aliens having no nationality who last 
habitually resided in El Salvador) who have been ``continuously 
physically present'' in the United States since March 9, 2001, and have 
``continuously resided'' in the United States since February 13, 2001, 
may apply for TPS within the registration period that begins on March 
9, 2001 and ends on September 9, 2002. 8 U.S.C. 1254a(c)(1)(A)(i) and 
(ii).
    Any national of El Salvador who has already applied for, or plans 
to apply for, any other immigration benefit or protection, may also 
apply for TPS. An application for TPS does not preclude or adversely 
affect an application for any other immigration benefit. Similarly, 
denial of an application for another immigration benefit does not 
affect an alien's ability to register for TPS, although the underlying 
basis for denying one form of relief may also affect one's eligibility 
for TPS. For example, an alien who has been convicted of an aggravated 
felony would be ineligible for both asylum and TPS.
    An alien who is granted TPS during an initial period of designation 
may register for any extension of the TPS program that may be made. 
Nationals of El Salvador who do not file a TPS application during the 
initial registration period may be eligible to register during any 
subsequent extension of such designation if, at the time of the initial 
registration period, the applicant: (1) Is a nonimmigrant; (2) had been 
granted voluntary departure status or any relief from removal; (3) had 
made an application for change of status, adjustment of status, asylum, 
voluntary departure, or any relief from removal that was pending or 
subject to further review or appeal; (4) was a parolee or had a pending 
request for parole; or (5) was a spouse or child of an alien eligible 
to be a TPS registrant. An applicant for late initial registration must 
register within 60 days of the expiration or termination of one of the 
conditions described in items (1) through (5) of this paragraph. 8 CFR 
244.2(f)(2), and (g).

How Do I Register for TPS?

    During the registration period that begins on March 9, 2001 and 
ends September 9, 2002, applicants for TPS may register by submitting:
     An Application for Temporary Protected Status, Form I-821;
     Supporting evidence, as provided in 8 CFR 244.9 
(describing evidence necessary to establish eligibility for TPS 
benefits);
     An Application for Employment Authorization, Form I-765;
     Two identification photographs (1\1/2\" x 1\1/2\"); and
     For every applicant who is 14 years of age or older, a 
twenty-five dollar ($25) fingerprint fee. 8 CFR 103.7(b).
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. Upon receipt of the

[[Page 14215]]

application, the Service will mail an appointment letter with 
instructions to appear for fingerprinting at a Service-authorized 
Application Support Center (ASC).
    A $50 fee must accompany the TPS application Form I-821. If the 
applicant requests employment authorization, he or she must submit a 
$100 fee with Form I-765. An applicant who does not seek employment 
authorization does not need to submit the $100 fee, but still must 
submit the Form I-765. A $25 fingerprint fee must also be submitted for 
every applicant who is 14 years of age or older. The applicant may 
request a fee waiver(s) in accordance with the regulations at 8 CFR 
244.20.

------------------------------------------------------------------------
                   If                                  Then
------------------------------------------------------------------------
You are a national of El Salvador (or    You must complete and file:
 an alien having no nationality who       Form I-821, Application for
 last habitually resided in El            Temporary Protected Status,
 Salvador) registering for TPS and        with fee ($50), Form I-765,
 employment authorization.                Application for Employment
                                          Authorization, with fee
                                          ($100), and Fingerprint fee
                                          ($25).
You already have employment              You must complete and file:
 authorization or do not want             Form I-821, with fee ($50),
 employment authorization.                Form I-765, with no fee, and
                                          Fingerprint fee ($25).
You are registering for TPS and          You must complete and file:
 employment authorization and are         Appropriately documented fee
 requesting a fee waiver for the Form I-  waiver request and requisite
 821 fee ($50) and Form I-765 fee         affidavit (and any other
 ($100).                                  information) in accordance
                                          with 8 CFR 244.20, Form I-821,
                                          with no fee, Form I-765, with
                                          no fee, and Fingerprint fee
                                          ($25).
------------------------------------------------------------------------

Where Should I Register for TPS?

    Submit the completed forms and applicable fees to the Immigration 
and Naturalization Service (INS) Service Center that has jurisdiction 
over your place of residence. 8 CFR 244.7(a).
    If you live in Connecticut, Delaware, the District of Columbia, 
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, West 
Virginia, or in the U.S. Virgin Islands, mail your application to: 
Vermont Service Center, ATTN: TPS, 75 Lower Welden Street, St. Albans, 
VT 05479.
    If you live in Arizona, California, Guam, Hawaii, or Nevada, mail 
your application to: California Service Center, ATTN: TPS, P.O. Box 
10821, Laguna Niguel, CA 92607-0821.
    If you live in Alabama, Arkansas, Florida, Georgia, Kentucky, 
Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South 
Carolina, Tennessee, or Texas, mail your application to: Texas Service 
Center, P.O. Box 850997, Mesquite, TX 75185-0997.
    If you live elsewhere in the United States, please mail your 
application to: Nebraska Service Center, P.O. Box 87821, Lincoln, NE 
68501-7821.

Where Can I Find Information About the TPS Program?

    Information concerning the TPS program for nationals of El Salvador 
(and aliens having no nationality who last habitually resided in El 
Salvador) will be available at the Service Internet Website, located at 
www.ins.usdoj.gov, the INS National Customer Service Center, at 1-800-
375-5283, and at local Immigration and Naturalization Service offices 
upon publication of this notice.

Notice of Designation of El Salvador Under Temporary Protected 
Status Program

    By the authority vested in me as Attorney General under section 244 
of the Immigration and Nationality Act, as amended (8 U.S.C. 1254a), 
and after consultation with the appropriate agencies of the Government, 
I find that:
    (1) El Salvador has endured three severe earthquakes resulting in a 
substantial, but temporary, disruption of living conditions in El 
Salvador;
    (2) El Salvador is unable, temporarily, to handle adequately the 
return of its nationals;
    (3) The Government of El Salvador officially has requested 
designation of El Salvador for TPS; and
    (4) Permitting nationals of El Salvador (and aliens having no 
nationality who last habitually resided in El Salvador) to remain 
temporarily in the United States is not contrary to the national 
interest of the United States.
    Accordingly, it is ordered as follows:
    (1) El Salvador is designated for TPS under section 244(b)(1)(B) of 
the Act. Nationals of El Salvador (and aliens having no nationality who 
last habitually resided in El Salvador) who have been ``continuously 
physically present'' since March 9, 2001 and have ``continuously 
resided in the United States'' since February 13, 2001, may apply for 
TPS within the registration period that begins on March 9, 2001 and 
ends on September 9, 2002.
    (2) I estimate that there are no more than 150,000 nationals of El 
Salvador (and aliens having no nationality who last habitually resided 
in El Salvador) in the United States who are eligible for TPS.
    (3) Except as specifically provided in this notice, applications 
for TPS by nationals of El Salvador (and aliens having no nationality 
who last habitually resided in El Salvador) must be filed pursuant to 
the provisions of 8 CFR part 244. Aliens who wish to apply for TPS must 
file an Application for Temporary Protected Status, Form I-821, 
together with an Application for Employment Authorization, Form I-765, 
during the registration period that begins on March 9, 2001 and will 
remain in effect until September 9, 2002.
    (4) A fee prescribed in 8 CFR 103.7(b)(1) of $50 dollars will be 
charged for each Application for Temporary Protected Status, Form I-
821, filed during the registration period.
    (5) A fee prescribed in 8 CFR 103.7(b)(1) of $100 dollars will be 
charged for each Application for Employment Authorization, Form I-765, 
filed by an alien requesting employment authorization. An alien who 
already has employment authorization or who does not wish to request 
employment authorization still must file Form I-765 for data gathering 
purposes without the $100 filing fee, together with Form I-821.
    (6) A fee prescribed 8 CFR 103.7(b)(1) of $25 for fingerprinting 
must be submitted with the Form I-821.
    (7) Applicants may request (a) fee waiver(s) in accordance with 8 
CFR 244.20.
    (8) Pursuant to section 244(b)(3)(A) of the Act, and after 
consultation with appropriate agencies of the Government, the Attorney 
General will review, at least 60 days before the expiration of the 
initial period of designation on September 9, 2002, the conditions in 
El Salvador to determine whether the conditions for designation of El 
Salvador under the TPS program continue to be met. Notice of that 
determination, including the basis for the determination, will be 
published in the Federal Register. If there is an

[[Page 14216]]

extension of designation, late initial registration for TPS shall be 
allowed only pursuant to the requirements of 8 CFR 244.2(f)(2).

Dated: March 1, 2001.
John Ashcroft,
Attorney General.
[FR Doc. 01-5818 Filed 3-8-01; 8:45 am]
BILLING CODE 4410-10-P



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