ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



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

	
[Federal Register: October 31, 2002 (Volume 67, Number 211)]
[Notices]               
[Page 66423-66425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc02-70]                         

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

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2237-02; AG Order No. 2624-2002]

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

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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

SUMMARY: The Attorney General's most recent extension of the 
designation of Sierra Leone under the Temporary Protected Status (TPS) 
program expires on November 2, 2002. This notice announces the Attorney 
General's decision to extend the TPS designation for Sierra Leone for 
an additional period of 12 months, as provided by law, and contains 
information regarding the 12-month extension of TPS.

DATES: The TPS designation for Sierra Leone is extended for a period of 
12 months, from November 2, 2002, through November 2, 2003. The re-
registration period commences on October 31, 2002, and will remain in 
effect until December 30, 2002 (inclusive of such end date).

FOR FURTHER INFORMATION CONTACT: Naheed A. Qureshi, Office of 
Adjudications, Residence and Status Branch, Immigration and 
Naturalization Service, Room 3040, 425 I Street, NW., Washington, DC 
20536, telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

What Is the Statutory Authority for the Designation and Extension of 
TPS?

    Under section 244 of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a, the Attorney General is authorized to designate a foreign 
state (or part thereof) for TPS. The Attorney General may then grant 
TPS to eligible nationals of that foreign state (or aliens having no 
nationality who last habitually resided in that state).
    Section 244(b)(3)(A) of the Act requires the Attorney General to 
review, at least 60 days before the end of the TPS designation, the 
conditions in a foreign state designated under the TPS program to 
determine whether the conditions for a TPS designation continue to be 
met and, if so, the length of an extension of TPS that is granted on 
the basis of such a determination. 8 U.S.C. 1254a(b)(3)(A). If the 
Attorney General determines that the foreign state no longer meets the 
conditions for TPS designation, the Attorney General shall terminate 
the designation, as provided in section 244(b)(3)(B) of the Act. 8 
U.S.C. 1254a(b)(3)(B). Finally, if the Attorney General does not make 
the required determination prior to the 60-day period prescribed by 
statute, section 244(b)(3)(C) of the Act provides for an automatic 
extension of TPS for an additional period of 6 months (or, in the 
discretion of the Attorney General, a period of 12 or 18 months). 8 
U.S.C. 1254a(b)(3)(C).

Why Is the Sierra Leone TPS Designation Being Extended?

    The Administration, including the Departments of State and Justice, 
as well as the National Security Council, is actively and closely 
monitoring conditions in and developments relating to Sierra Leone. The 
United States Government recognizes that there has been considerable 
progress toward renewed stability in Sierra Leone. In January 2002, the 
country's decade-long war was declared over. More than 45,000 
combatants have been demobilized. In May 2002, violence-free elections 
were successfully completed. More recently, on September 24, 2002, the 
United Nations Security Council voted unanimously to adopt a resolution 
extending the mandate of the United Nations Assistance Mission in 
Sierra Leone (UNAMSIL) for six months, while implementing the Secretary 
General's recommendation for a phased, gradual draw-down of UNAMSIL. 
The resolution urges UNAMSIL to carry out Phases 1 and 2 of the draw-
down over the next eight months, which would reduce UNAMSIL's troop 
strength from 17,500 to 13,000 (a reduction of approximately 25%). In 
addition, the situation in Liberia, which affects regions of 
neighboring Sierra Leone, remains unstable. On October 1, 2002, the 
Attorney General designated Liberia under the TPS program.
    The Attorney General consulted with appropriate agencies of the 
Government, but due to the nature of the situation in Sierra Leone, has 
not made a determination whether the conditions for TPS designation 
continue to be met. Accordingly, this Federal Register notice does not 
contain the Attorney General's determination regarding whether or not 
the conditions in Sierra Leone continue to satisfy the statutory 
standards for an extension of TPS under section 244(b)(3)(A) of the 
Act. Instead, as a result of the 60-day requirement prescribed by 
statute, this notice provides that the previous TPS designation for 
Sierra Leone has been extended pursuant to section 244(b)(3)(C) of the 
Act. 8 U.S.C. 1254a(b)(3)(C). As an exercise of discretion, the 
Attorney General has decided to extend TPS for 12 months, as

[[Page 66424]]

allowed under that provision, rather than the minimum period of six 
months in order to allow a sufficient period of time to monitor further 
developments in Sierra Leone.
    No later than 60 days prior to the November 2, 2003, expiration of 
this extension, the Attorney General will determine whether the 
conditions for TPS designation continue to be met in Sierra Leone at 
that time, or whether TPS should be terminated at the time the current 
extension of TPS expires. Notice of that determination, including the 
basis for the determination, will be published in the Federal Register.

If I Currently Have TPS Benefits Through the Sierra Leone TPS Program, 
Must I Still Re-Register for TPS?

    Yes. If you already have received TPS benefits through the Sierra 
Leone TPS program, your benefits will expire on November 2, 2002. While 
the designation of Sierra Leone under the TPS program was extended 
automatically by virtue of statute, individual TPS beneficiaries must 
still comply with the re-registration requirements described below in 
order to maintain their TPS benefits through November 2, 2003. TPS 
benefits include temporary protection against removal from the United 
States, as well as work authorization, during the TPS designation 
period and any extension thereof. 8 U.S.C. 1254a(a)(1).

If I Am Currently Registered for TPS, How Do I Re-Register for an 
Extension?

    All persons previously granted TPS benefits under the Sierra Leone 
TPS program who wish to maintain such benefits must apply for an 
extension by filing (1) Form I-821, Application for Temporary Protected 
Status, without the filing fee; (2) Form I-765, Application for 
Employment Authorization; and (3) two identification photographs (1\1/
2\ inches x 1\1/2\ inches). See the chart below to determine whether 
you must submit the one hundred and twenty dollar ($120) filing fee 
with the Form I-765. Children beneficiaries of TPS, who have reached 
the age of 14 but were not previously fingerprinted, must pay the fifty 
dollar ($50) fingerprint fee upon their next application for extension.
    Submit the re-registration package to the Service district office 
that has jurisdiction over your place of residence during the 60-day 
re-registration period that begins October 31, 2002, and will remain in 
effect until December 30, 2002.

------------------------------------------------------------------------
                 If                                  Then
------------------------------------------------------------------------
You are applying for an Employment    You must complete and file Form I-
 Authorization Document that is        765, Application for Employment
 valid through November 2, 2003. . .   Authorization, with the $120 fee.
You already have an Employment        You must complete and file Form I-
 Authorization Document or do not      765 with no fee.
 require such a document. . .
------------------------------------------------------------------------

    Employment authorization documentation: An applicant who seeks 
employment authorization documentation must submit Form I-765 with the 
$120 fee. An applicant who does not seek employment authorization 
documentation does not need to submit the $120 fee, but must still 
complete and submit Form I-765 for data gathering purposes.
    Fee waiver: Applicants may request that certain fees be waived, in 
accordance with the regulations at 8 CFR 244.20.

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, and vice versa. Denial of an application 
for asylum or any other immigration benefit does not affect an 
applicant's TPS eligibility, although the grounds for denying one form 
of relief may also be grounds for denying 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)(i).

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 Apply for TPS?

    No. This is a notice of an extension of TPS, not a notice of re-
designation of Sierra Leone under the TPS program. An extension of TPS 
does not change the required dates of continuous residence and 
continuous physical presence in the United States. This extension does 
not expand TPS availability to those who are not already TPS class 
members. To be eligible for benefits under this extension, nationals of 
Sierra Leone (or aliens having no nationality who last habitually 
resided in Sierra Leone) must have been continuously physically present 
and continuously resided in the United States since November 9, 1999.

What Is Late Initial Registration?

    Some persons may be eligible for late initial registration 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 both admissible as an immigrant, except as otherwise 
provided under section 244(c)(2)(A) of the Act, and also not ineligible 
under section 244(c)(2)(B) of the Act. 8 U.S.C. 1254a(c)(2)(A), 8 
U.S.C. 1254a(c)(2)(B).
    Additionally, the applicant must be able to demonstrate that, 
during the re-designation 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 file an application 
for late registration within a 60-day period immediately following the 
expiration or termination of the conditions described above. 8 CFR 
244.2(g).

What Happens When This Extension of TPS Expires on November 2, 2003?

    At least 60 days before this extension of TPS expires on November 
2, 2003, the Attorney General will review conditions in Sierra Leone 
and determine whether the conditions for designation under the TPS 
program continue to be met at that time, or whether the TPS designation 
should be terminated. Notice of that determination, including the basis 
for the determination, will be published in the Federal Register.
    If the TPS designation is extended at that time, an alien who has 
received TPS benefits must re-register under the extension in order to 
maintain TPS benefits. If, however, the Attorney General terminates the 
TPS designation, TPS beneficiaries will return to the same immigration 
status they

[[Page 66425]]

maintained before TPS (unless that status had since expired or been 
terminated) or to any other status they may have acquired while 
registered for TPS. Accordingly, if an alien had no lawful immigration 
status prior to receiving TPS and did not obtain any status during the 
TPS period, he or she will revert to that unlawful status upon 
termination of the TPS designation.

Notice of Automatic Extension of the Designation of Sierra Leone Under 
the TPS Program

    Pursuant to section 244(b)(3)(C) of the Act, I order as follows:
    (1) The designation of Sierra Leone for TPS under section 244(b) of 
the Act is extended for a period of 12 months, from November 2, 2002 
through November 2, 2003.
    (2) I estimate that there are approximately 2,209 nationals of 
Sierra Leone (and aliens having no nationality who last habitually 
resided in Sierra Leone) who currently receive TPS benefits and who are 
eligible to re-register for benefits under this extension.
    (3) To maintain TPS, a national of Sierra Leone (or an alien having 
no nationality who last habitually resided in Sierra Leone) who 
previously has applied for or received TPS benefits must re-register 
for TPS during the 60-day re-registration period from October 31, 2002 
until December 30, 2002.
    (4) To re-register, the applicant must file the following: (1) Form 
I-821, Application for Temporary Protected Status; (2) Form I-765, 
Application for Employment Authorization; and (3) two identification 
photographs (1\1/2\ inches by 1\1/2\ inches). There is no fee for a 
Form I-821 filed as part of the re-registration application. If the 
applicant requests employment authorization documentation, he or she 
must submit one hundred and twenty dollars ($120) 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 
documentation must nonetheless file Form I-765 along with Form I-821, 
but is not required to submit the fee. The fifty-dollar ($50) 
fingerprint fee is required only for children beneficiaries of TPS who 
have reached the age of 14 but were not previously fingerprinted. 
Failure to re-register without good cause will result in the withdrawal 
of TPS. 8 CFR 244.17(c). Some persons who had not previously applied 
for TPS may be eligible for late initial registration under 8 CFR 
244.2.
    (5) At least 60 days before this extension terminates on November 
2, 2003, the Attorney General will review conditions in Sierra Leone 
and determine whether the conditions for TPS designation continue to be 
met. Notice of that determination, including the basis for the 
determination, will be published in the Federal Register. 8 U.S.C. 
1254a(b)(3).
    (6) Information concerning the extension of the TPS program for 
Sierra Leone will be available at local Service offices upon 
publication of this notice and through the Immigration and 
Naturalization Service National Customer Service Center at 1-800-375-
5283. This information will also be published on the INS web site at 
http://www.ins.usdoj.gov.

    Dated: October 28, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-27796 Filed 10-30-02; 8:45 am]
BILLING CODE 4410-10-P




Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: