Extension of the Designation of Sudan for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Sudanese TPS Beneficiaries, 47606-47611 [E8-18826]
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Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices
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Dated: August 6, 2008.
Janean Chambers,
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[FR Doc. E8–18629 Filed 8–13–08; 8:45 am]
Toian Vaughn,
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF HOMELAND
SECURITY
Substance Abuse and Mental Health
Services Administration
U.S. Citizenship and Immigration
Services
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2008–0029]
RIN 1615–ZA69
Extension of the Designation of Sudan
for Temporary Protected Status;
Automatic Extension of Employment
Authorization Documentation for
Sudanese TPS Beneficiaries
U.S. Citizenship and
Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
AGENCY:
SUMMARY: This Notice announces that
the Secretary of Homeland Security has
extended the designation of Sudan for
temporary protected status (TPS) for 18
months, from its current expiration date
of November 2, 2008 through May 2,
2010. This Notice also sets forth
procedures necessary for nationals of
Sudan (or aliens having no nationality
who last habitually resided in Sudan)
with TPS to re-register with U.S.
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Citizenship and Immigration Services
(USCIS) and to apply for an extension
of their employment authorization
documents (EADs) for the additional 18month period. Re-registration is limited
to persons who have previously
registered for TPS under the designation
of Sudan and whose applications have
been granted or remain pending. Certain
nationals of Sudan (or aliens having no
nationality who last habitually resided
in Sudan) who have not previously
applied for TPS may be eligible to apply
under the late initial registration
provisions.
Given the timeframes involved with
processing TPS re-registration
applications, the Department of
Homeland Security (DHS) recognizes
the possibility that all re-registrants may
not receive new EADs until after their
current EADs expire on November 2,
2008. Accordingly, this Notice
automatically extends the validity of
EADs issued under the TPS designation
of Sudan for six months, through May
2, 2009, and explains how TPS
beneficiaries and their employers may
determine which EADs are
automatically extended. USCIS will
issue new EADs with the May 2, 2010
expiration date to eligible TPS
beneficiaries who timely re-register and
apply for EADs.
DATES: The extension of the TPS
designation of Sudan is effective
November 3, 2008, and will remain in
effect through May 2, 2010. The 60-day
re-registration period begins August 14,
2008, and will remain in effect until
October 14, 2008. To facilitate
processing of applications, applicants
are strongly encouraged to file as soon
as possible after the start of the 60-day
re-registration period beginning on
August 14, 2008.
FOR FURTHER INFORMATION CONTACT:
Claudia Young, Status and Family
Branch, Office of Service Center
Operations, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 20 Massachusetts
Avenue, NW., 2nd Floor, Washington,
DC 20529, telephone (202) 272–1533.
This is not a toll-free call. Further
information will also be available at
local USCIS offices upon publication of
this Notice and on the USCIS Web site
at https://www.uscis.gov. Note: The
phone number provided here is solely
for questions regarding this TPS notice.
It is not for individual case status
inquiries. Applicants seeking
information about the status of their
individual case can check Case Status
Online available at the USCIS Web site
listed above, or applicants may call the
USCIS National Customer Service
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Center at 1–800–375–5283 (TTY 1–800–
767–1833).
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This
Document
Act—Immigration and Nationality Act
ASC—USCIS Application Support Center
DHS—Department of Homeland Security
DOS—Department of State
EAD—Employment Authorization Document
IDPs—Internally Displaced Persons
OSC—U.S. Department of Justice Office of
Special Counsel for Immigration Related
Unfair Employment Practices
SAF—Sudanese Armed Forces
Secretary—Secretary of Homeland Security
SPLM/A—Sudanese People’s Liberation
Movement/Army
TPS—Temporary Protected Status
USCIS—U.S. Citizenship and Immigration
Services
What authority does the Secretary of
Homeland Security have to extend the
designation of Sudan for TPS?
Section 244(b)(1) of the Immigration
and Nationality Act (Act), 8 U.S.C.
1254a(b)(1), authorizes the Secretary of
Homeland Security (Secretary), after
consultation with appropriate agencies
of the Government, to designate a
foreign State (or part thereof) for TPS.1
The Secretary 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(a)(1)(A) of the Act; 8 U.S.C.
1254a(a)(1)(A).
At least 60 days before the expiration
of the TPS designation, the Secretary,
after consultations with appropriate
agencies of the Government, must
review the conditions in a foreign State
designated for TPS and determine
whether the conditions for the TPS
designation continue to be met and, if
so, must determine the length of an
extension of the TPS designation.
Section 244(b)(3)(A), (C) of the Act. If
the Secretary determines that the foreign
State no longer meets the conditions for
the TPS designation, he must terminate
the designation. Section 244(b)(3)(B) of
the Act.
Why was Sudan initially designated for
TPS?
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On November 4, 1997, the Attorney
General published a Notice in the
1 As of March 1, 2003, in accordance with section
1517 of Title XV of the Homeland Security Act of
2002 (HSA), Public Law 107–296, 116 Stat. 2135,
any reference to the Attorney General in a provision
of the Immigration and Nationality Act describing
functions which were transferred from the Attorney
General or other Department of Justice official to the
Department of Homeland Security by the HSA
‘‘shall be deemed to refer to the Secretary’’ of
Homeland Security. See 6 U.S.C. 557 (2003)
(codifying HSA, Title XV, section 1517).
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Federal Register, at 62 FR 59737,
designating Sudan for TPS based on an
ongoing armed conflict and
extraordinary and temporary conditions
within that country. See Section
244(a)(b)(1)(A), (C) of the Act; 8 U.S.C.
1254a(b)(1)(A), (C).
When was the TPS designation for
Sudan extended?
On November 3, 1998, the Attorney
General extended the designation
determining that the conditions
warranting such designation continued
to be met. 63 FR 59337.
On November 9, 1999, the Attorney
General extended and re-designated
Sudan by publishing a Notice in the
Federal Register, at 64 FR 61128, based
upon the ongoing armed conflict and
extraordinary and temporary conditions
within Sudan which had worsened.
After that date, the Attorney General
and then the Secretary of Homeland
Security (Secretary) extended the TPS
designation of Sudan four times,
determining in each instance that the
conditions warranting the designation
continued to be met. 65 FR 67407 (Nov.
9, 2000); 66 FR 46031 (Aug. 31, 2001);
67 FR 55877 (Aug. 30, 2002); 68 FR
52410 (Sept. 3, 2003).
On October 7, 2004, the Secretary
extended and re-designated Sudan for
TPS due to the intensification of the
ongoing armed conflict in the Darfur
region and the extraordinary and
temporary conditions resulting from the
ongoing conflict. 69 FR 60168.
After October 2004, the Secretary
extended the TPS designation of Sudan
two times, determining in each instance
that the conditions warranting the
designation continued to be met. 70 FR
52429 (Sept. 2, 2005); 72 FR 10541 (May
3, 2007). Thus, since the initial
designation of Sudan for TPS in 1997,
the Attorney General, and later, the
Secretary, have extended—or redesignated and extended—TPS for
Sudan a total of ten times, including
this 2008 extension.
Why has the Secretary decided to
extend the TPS designation for Sudan
through May 2, 2010?
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in
Sudan. Based on this review, DHS has
determined that an 18-month extension
is warranted because the armed conflict
is ongoing, and the extraordinary and
temporary conditions that prompted the
October 7, 2004, re-designation persist.
Armed conflict continues in the
Darfur region of Western Sudan. Since
early 2003, armed conflict has persisted
between the government of Sudan and
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the Sudanese People’s Liberation
Movement/Army (SPLM/A).
Furthermore, violence against civilians
has continued, with reports of killings,
rapes, beatings, looting and burning of
property throughout the region,
including at camps for internally
displaced people. Deliberate targeting of
civilians continues to be a hallmark of
violence perpetrated by all parties to the
conflict. Since the beginning of this
conflict, approximately 2.45 million
people have been forced to leave their
homes and are internally displaced.
In Darfur and Southern Sudan,
conditions remained the same or have
worsened over the past year. By June
2008, implementation of the 2005 peace
agreement had not advanced and key
issues, particularly the status and future
of Abyei, the division of oil revenues,
border demarcation and deployment of
armed forces remained unresolved.
There were 280,000 newly displaced
Sudanese (including 80,000 displaced
in the first two months of 2008),
bringing the total number of internally
displaced persons (IDPs) to 2,387,000.
Large-scale violence by the Sudanese
government and its allies directed
against civilians was reported, including
an attack in February 2008 that killed
115 people and forced 30,000 from their
homes. Additionally, a clash between
the Sudanese Armed Forces (SAF) and
SPLM/A in Abyei in May 2008 has
displaced over 100,000 people.
Moreover, violence has been
increasingly directed against
humanitarian workers, of whom 14,000
are presently in Darfur. This violence
includes robberies, hijackings of
humanitarian aid vehicles, and attacks
on humanitarian facilities.
Based upon this review, the Secretary
has determined, after consultation with
the appropriate Government agencies,
that the conditions that prompted the
designation of Sudan for TPS continue
to be met. See section 244(b)(3)(A) of the
Act; 8 U.S.C. 1254a(b)(3)(A). An ongoing
armed conflict and extraordinary and
temporary conditions in Sudan prevent
aliens who are nationals of Sudan (or
aliens having no nationality who last
habitually resided in Sudan) from
returning in safety. The Secretary also
finds that it is not contrary to the
national interest of the United States to
permit aliens who meet the eligibility
requirements of TPS to remain in the
United States temporarily. See section
244(b)(1)(C) of the Act. On the basis of
these findings and determinations, the
Secretary concludes that the designation
of Sudan for TPS should be extended for
an additional 18-month period. See
section 244(b)(3)(C) of the Act. There are
approximately 500 nationals of Sudan
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(or aliens having no nationality who last
habitually resided in Sudan) who are
eligible for TPS under this extended
designation.
section 244(b)(3)(A). Accordingly, I am
extending the TPS designation of Sudan
for 18 months from November 3, 2008,
through May 2, 2010.
If I am currently registered for TPS or
have a pending application for TPS,
how do I re-register to renew my benefits
for the duration of the extension period?
What actions should qualifying aliens
take pursuant to this notice?
To maintain TPS, a national of Sudan
(or an alien having no nationality who
last habitually resided in Sudan) who
was granted TPS and who has not had
TPS withdrawn must re-register for TPS
during the 60-day re-registration period
from August 14, 2008 until October 14,
2008. To re-register, aliens must follow
the filing procedures set forth in this
Notice. An addendum to this Notice
provides instructions on this extension,
including filing and eligibility
requirements for TPS and EADs.
Information concerning the extension of
the designation of Sudan for TPS also
will be available at local USCIS offices
upon publication of this Notice and on
the USCIS Web site at https://
www.uscis.gov.
Dated: August 6, 2008.
Michael Chertoff,
Secretary.
Please submit the proper forms and
fees according to Tables 1 and 2 below.
The following are some helpful tips to
keep in mind when completing your
application:
• All applicants are strongly
encouraged to pay close and careful
attention when filling out the required
forms to help ensure that their dates of
birth, alien registration numbers,
spelling of their names, and other
required information is correctly
entered on the forms.
• All questions on required forms
should be fully and completely
answered. Failure to fully complete
each required form may result in a delay
in processing of your application.
• Aliens who have previously
registered for TPS, but whose
applications remain pending, should
follow the filing instructions in this
Notice if they wish to renew their TPS
benefits.
• All TPS re-registration applications
submitted without the required fees will
be returned to applicants.
• All fee waiver requests should be
filed in accordance with 8 CFR 244.20.
• If you received an EAD during the
most recent registration period, please
submit a photocopy of the front and
back of your EAD.
Notice of Extension of the TPS
Designation of Sudan
By the authority vested in me as
Secretary of Homeland Security under
section 244 of the Act, 8 U.S.C. 1254a,
I have determined, after consultation
with the appropriate Government
agencies, that the conditions that
prompted re-designation of Sudan for
temporary protected status (TPS) on
October 7, 2004, continue to be met. See
Temporary Protected Status Filing
Requirements
Do I need to re-register for TPS if I
currently have benefits through the
designation of Sudan for TPS, and
would like to maintain them?
Yes. If you already have received TPS
benefits through the TPS designation of
Sudan, your benefits will expire on
November 2, 2008. All TPS beneficiaries
must comply with the re-registration
requirements described in this Notice in
order to maintain TPS benefits through
May 2, 2010. TPS benefits include
temporary protection against removal
from the United States and employment
authorization during the TPS
designation period. Section 244(a)(1) of
the Act; 8 U.S.C. 1254a(a)(1). Failure to
re-register without good cause will
result in the withdrawal of your
temporary protected status and possibly
your removal from the United States.
Section 244(c)(3)(C) of the Act; 8 U.S.C.
1254a(c)(3)(C).
TABLE 1—APPLICATION FORMS AND APPLICATION FEES
And—
Then—
You are re-registering for TPS ..........................
You are applying for an extension of your
EAD valid through May 2, 2010.
You are re-registering for TPS ..........................
You are Not applying for renewal of your EAD
You are applying for TPS as a late initial registrant (see below) and you are between the
ages of 14 and 65 (inclusive).
You are applying for a TPS-related EAD .........
You are applying for TPS as a late initial registrant and are under age 14 or over age 65.
You are applying for a TPS-related EAD .........
You are applying for TPS as a late initial registrant, regardless of age.
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If—
You are Not applying for an EAD ....................
Your previous TPS application is still pending ..
You are applying to renew your temporary
treatment benefits (i.e., an EAD with category ‘‘C–19’’ on its face).
You must complete and file the Form I–765,
Application for Employment Authorization,
with the fee of $340 or a fee waiver request. You must also submit Form I–821,
Application for Temporary Protected Status,
with no fee.
You must complete and file the Form I–765
with no fee and Form I–821 with no fee.
NOTE: Do Not check any box for the question ‘‘I am applying for’’ listed on Form I–
765, as you are Not requesting an EAD
benefit.
You must complete and file Form I–821 with
the $50 fee or fee waiver request and Form
I–765 with the fee of $340 or a fee waiver
request.
You must complete and file Form I–821 with
the $50 fee or fee waiver request. You must
also submit Form I–765 with no fee.
You must complete and file Form I–821 with
the $50 fee or fee waiver request and Form
I–765 with no fee.
You must complete and file the Form I–765
with the fee of $340 or a fee waiver request. You must also submit Form I–821,
with no fee.
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Certain applicants must also submit a
Biometric Service Fee (See Table 2).
TABLE 2—BIOMETRIC SERVICE FEE
If
And
Then
You are 14 years of age or older ......................
1. You are re-registering for TPS, or ...............
2. You are applying for TPS under the late initial registration provisions, or.
3. Your TPS application is still pending and
you are applying to renew temporary treatment benefits (i.e., EAD with category ‘‘C–
19’’ on its face).
1. You are applying for an EAD, or .................
2. You are Not applying for an EAD ................
You must submit a Biometric Service fee of
$80 or a fee waiver request.
Where should I submit my application
for TPS?
Please mail your application for TPS
to the following address: U.S.
Citizenship and Immigration Services,
Attn: TPS Sudan, P.O. Box 8677,
Chicago, IL 60680–8677.
Or, for courier deliveries, please mail
your application to: U.S. Citizenship
and Immigration Services, Attn: TPS
Sudan, 131 S. Dearborn—3rd Floor,
Chicago, IL 60603–5517.
documentation (see Table 3) with your
application, you may file your
application electronically. To file your
application electronically, follow
directions on the USCIS Web site at:
https://www.uscis.gov.
You are younger than 14 years of age .............
What edition of the forms should I
submit?
Only versions of Form I–821 dated
October 17, 2007, or later will be
accepted. Only versions of Form I–765
dated May 27, 2008, or later will be
accepted. The revision date can be
found in the bottom right corner of the
form. The proper forms can be found on
the Internet at https://www.uscis.gov or
by calling the USCIS forms hotline at 1–
800–870–3676.
Can I file my application electronically?
If you are filing for re-registration and
do not need to submit supporting
You do Not need to submit a Biometric Service fee.
How will I know if I need to submit
supporting documentation with my
application package?
See Table 3 below to determine if you
need to submit supporting
documentation.
TABLE 3—WHO SHOULD SUBMIT SUPPORTING DOCUMENTATION?
Then
One or more of the questions listed in Part 4, Question 2 of Form I–
821 applies to you.
You were granted TPS by an Immigration Judge or the Board of Immigration Appeals.
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If
You must submit an explanation, on a separate sheet(s) of paper, and/
or additional documentation must be provided.
You must include evidence of the grant of TPS (such as an order from
the Immigration Judge) with your application package.
How do I know if I am eligible for late
registration?
You may be eligible for late initial
registration under 8 CFR 244.2. In order
to be eligible for late initial registration,
you must:
(1) Be a national of Sudan (or an alien
who has no nationality and who last
habitually resided in Sudan);
(2) Have continuously resided in the
United States since October 7, 2004;
(3) Have been continuously physically
present in the United States since
October 7, 2004; and
(4) Be both admissible as an
immigrant, except as provided under
section 244(c)(2)(A) of the Immigration
and Nationality Act (Act), and not
ineligible under section 244(c)(2)(B) of
the Act.
Additionally, you must be able to
demonstrate that during the registration
period for the most recent redesignation (from October 7, 2004 to
April 5, 2005), you:
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(1) Were 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) Were a parolee or had a pending
request for re-parole; or
(4) Are the spouse or child of an alien
currently eligible to be a TPS registrant.
An applicant for late initial
registration must file an application for
late registration no later than 60 days
after the expiration or termination of the
applicable condition described above. 8
CFR 244.2(g). All late initial registration
applications for TPS, pursuant to the
designation of Sudan, should be
submitted to the appropriate address
listed above in Chicago, Illinois.
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Are certain aliens ineligible for TPS?
Yes. There are certain criminal and
terrorism-related inadmissibility
grounds that render an alien ineligible
for TPS. See section 244(c)(2)(A)(iii); 8
U.S.C. 1254a(c)(2)(A)(iii). Further, aliens
who have been convicted of any felony
or two or more misdemeanors
committed in the United States are
ineligible for TPS under section
244(c)(2)(B)(i) of the Act, as are aliens
described in the bars to asylum in
section 208(b)(2)(A) of the Act, 8 U.S.C.
1158(b)(2)(A). See section
244(c)(2)(B)(ii) of the Act; 8 U.S.C.
1254a(c)(2)(B)(ii).
If I currently have TPS, can I lose my
TPS benefits?
TPS and related benefits will be
withdrawn if you:
(1) Are not eligible for TPS;
(2) Fail to timely re-register for TPS
without good cause; or
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(3) Fail to maintain continuous
physical presence in the United States.
See sections 244(c)(3)(A)–(C) of the Act;
8 U.S.C. 1254a(c)(3)(A)–(C).
Does TPS lead to lawful permanent
residence status?
No. TPS is a temporary benefit that
does not lead to lawful permanent
residence status or confer any other
immigration status. Sections 244(f)(1)
and (h) of the Act; 8 U.S.C. 1254a(f)(1),
and (h).
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If I am currently covered under TPS,
what status will I have if my country’s
TPS designation is terminated?
When a country’s TPS designation is
terminated, TPS beneficiaries will
maintain the same immigration status, if
any, that they held prior to obtaining
TPS (unless that status has since
expired or been terminated), or any
other status they may have acquired
while registered for TPS. Accordingly, if
you held no lawful immigration status
prior to being granted TPS and did not
obtain any other status during the TPS
period, you will revert to unlawful
status upon the termination of the TPS
designation. Once the Secretary
determines that a TPS designation
should be terminated, aliens who had
TPS under that designation, and who do
not hold any other lawful immigration
status, must plan for their departure
from the United States.
May I apply for another immigration
benefit while registered for TPS?
Yes. Registration for TPS does not
prevent you from applying for nonimmigrant status, filing for adjustment
of status based on an immigrant
petition, or applying for any other
immigration benefit or protection.
Section 244(a)(5) of the Act; 8 U.S.C.
1254a(a)(5). For the purposes of change
of status, and adjustment of status, an
alien is considered to be in, and
maintaining, lawful status as a
nonimmigrant during the period in
which the alien is granted TPS. See
section 244(f)(4) of the Act; 8 U.S.C.
1254a(f)(4). However, if an alien has
periods of time when he or she had no
lawful immigration status before, or
after, the alien’s time in TPS, those
period(s) of unlawful presence may
negatively affect that alien’s ability to
adjust to permanent resident status or
attain other immigration benefits,
depending on the circumstances of the
specific case. See, e.g. , section 212(a)(9)
of the Act; 8 U.S.C. 1182(a)(9) (unlawful
presence ground of inadmissibility that
is triggered by a departure from the
United States). In some cases, the
unlawful presence ground of
VerDate Aug<31>2005
15:57 Aug 13, 2008
Jkt 214001
inadmissibility, and certain other
grounds of inadmissibility, may be
waived when an alien applies to adjust
to permanent resident status or for
another immigration status.
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. 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. See
sections 244(b)(2)(A)(ii) and
244(c)(2)(B)(ii) of the Act; 8 U.S.C.
1158(b)(2)(A)(ii) and 8 U.S.C.
1254a(c)(2)(B)(ii).
Can a national of Sudan (or aliens
having no nationality who last
habitually resided in Sudan) who
entered the United States after October
7, 2004 file for TPS?
No. This extension does not expand
TPS eligibility to those that are not
currently eligible. To be eligible for
benefits under this extension, nationals
of Sudan (or aliens having no
nationality who last habitually resided
in Sudan) must have continuously
resided and have been continuously
physically present in the United States
since October 7, 2004, the date of the
most recent re-designation of Sudan for
TPS.
to appear at a USCIS Application
Support Center (ASC) for biometrics
collection. To increase efficiency and
improve customer service, whenever
possible USCIS will use an individual’s
previously-captured biometrics and will
conduct necessary security checks using
those biometrics, such that you may not
be required to appear at an ASC. Due to
systems limitations, it may not be
possible in every case to reuse
biometrics.
However, even if you do not need to
attend an ASC appointment, you are
required to pay the separate biometrics
fee. This fee will help cover the USCIS
costs associated with use and
maintenance of collected biometrics
(such as fingerprints) for FBI and other
background checks, identity verification
and document production.
If you are required to report to an
ASC, you must bring the following
documents:
(1) Your receipt notice for your reregistration application;
(2) Your ASC appointment notice; and
(3) Your current EAD.
If no further action is required for
your case, you will receive a new EAD
by mail valid through May 2, 2010. If
your case requires further resolution,
USCIS will contact you in writing to
explain what additional information, if
any, is necessary to resolve your case. If
your application is subsequently
approved, you will receive a new EAD
in the mail with an expiration date of
May 2, 2010.
Who is eligible to receive an automatic
six-month EAD extension from
November 3, 2008, to May 2, 2009?
To receive an automatic six-month
extension of an EAD, an individual
must be a national of Sudan (or an alien
having no nationality who last
habitually resided in Sudan) who has
applied for and received an EAD under
the designation of Sudan for TPS and
who has not had TPS withdrawn or
denied. This automatic extension is
limited to EADs issued on Form I–766,
Employment Authorization Document,
bearing an expiration date of November
2, 2008. These EADs must also bear the
notation ‘‘A–12’’ or ‘‘C–19’’ on the face
of the card under ‘‘Category.’’
What if my address changes after I file
my re-registration application?
If your address changes after you file
your application for re-registration, you
must complete and submit Form AR–11
by mail or electronically. The mailing
address is:
USCIS, Change of Address, PO Box
7134, London, KY 40742–7134.
Form AR–11 can also be filed
electronically by following the
directions on the USCIS Web site at:
https://www.uscis.gov. To facilitate the
processing of your address change on
your TPS application, you may call the
USCIS National Customer Service
Center at 1–800–375–5283 (TTY 1–800–
767–1833) to request that your address
be updated on your application. Please
note that calling the USCIS National
Customer Service Center does not
relieve you of your burden to properly
file a Form AR–11 with USCIS.
What documents should I bring to my
ASC appointment?
TPS re-registrants will receive a
notice in the mail with instructions as
to whether or not they will be required
May I request an interim EAD at my
local District Office?
No. USCIS will not issue interim
EADs to TPS applicants and reregistrants at District Offices. Interim
Employment Authorization Document
Automatic Extension Guidelines
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
E:\FR\FM\14AUN1.SGM
14AUN1
Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008 / Notices
EADs may only be issued at the
Vermont Service Center.
How may employers determine whether
an EAD has been automatically
extended for six-months through May 2,
2009, and therefore acceptable for
completion of the Form I–9,
Employment Eligibility Verification?
An EAD that has been automatically
extended by this Notice through May 2,
2009, will bear the notation ‘‘A–12’’ or
‘‘C–19’’ on the face of the Form I–766
under ‘‘Category,’’ and will have an
expiration date of November 2, 2008,
printed on the face of the card. New
EADs or extension stickers showing the
May 2, 2009, expiration date of the sixmonth automatic extension will not be
issued. Employers should not request
proof of Sudanese citizenship.
Employers should accept an EAD as a
valid ‘‘List A’’ document and not ask for
additional Form I–9 documentation if
presented with an EAD that has been
extended pursuant to this Federal
Register Notice, so long as the EAD
reasonably appears on its face to be
genuine and to relate to the employee.
This extension does not affect the right
of an applicant for employment or an
employee to present any legally
acceptable document as proof of
identity and eligibility for employment.
sroberts on PROD1PC70 with NOTICES
Note to Employers
Employers are reminded that the laws
requiring employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Notice does not supersede or in any way
limit applicable employment
verification rules and policy guidance,
including those setting forth reverification requirements. For questions,
employers may call the USCIS Customer
Assistance Office at 1–800–357–2099.
Also, employers may call the U.S.
Department of Justice Office of Special
Counsel for Immigration Related Unfair
Employment Practices (OSC) Employer
Hotline at 1–800–255–8155. Employees
or applicants may call the OSC
Employee Hotline at 1–800–255–7688
for information regarding the automatic
extension. Additional information is
available on the OSC Web site at
https://www.usdoj.gov/crt/osc/
index.html.
How may employers determine an
employee’s eligibility for employment
once the automatic six-month extension
expires on May 2, 2009?
Eligible TPS aliens will possess an
EAD on Form I–766 with an expiration
date of May 2, 2010. The EAD will bear
the notation ‘‘A–12’’ or ‘‘C–19’’ on the
VerDate Aug<31>2005
15:57 Aug 13, 2008
Jkt 214001
face of the card under ‘‘Category,’’ and
should be accepted for the purposes of
verifying identity and employment
authorization.
What documents may a qualified
individual show to his or her employer
as proof of employment authorization
and identity when completing Form I–9?
During the first six months of this
extension, qualified individuals who
have received a six-month automatic
extension of their EADs by virtue of this
Federal Register Notice may present
their TPS-based EAD to their employer,
as described above, as proof of identity
and employment authorization through
May 2, 2009. To minimize confusion
over this extension at the time of hire or
re-verification, qualified individuals
may also present a copy of this Federal
Register Notice regarding the automatic
extension of employment authorization
documentation through May 2, 2009.
After May 2, 2009, a qualified
individual may present a new EAD
valid through May 2, 2010.
In the alternative, any legally
acceptable document or combination of
documents as listed on the Form I–9
may be presented as proof of identity
and employment eligibility.
[FR Doc. E8–18826 Filed 8–13–08; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
United States Immigration and
Customs Enforcement
Agency Information Collection
Activities: Extension of a Currently
Approved Information Collection
Correction to Notice of
Information Collection Under Review;
Form I–246, Application for Stay of
Deportation or Removal, OMB No.
1653–0021.
ACTION:
SUMMARY: The Department of Homeland
Security, U.S. Immigration and Customs
Enforcement (USICE), has submitted the
following information collection request
for review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection was
previously published in the Federal
Register on March 26, 2008, Vol. 73, No.
59 16035, and on June 2, 2008, Vol. 73,
No. 106 31499. This document contains
corrections to certain portions of those
notices that were published
erroneously.
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
47611
Correction
• In the Overview of This Information
Collection section, Item 1 is corrected as
follows: Type of Information Collection:
Extension of currently approved
information collection.
• In the Overview of This Information
Collection section, Item 5 is corrected as
follows: An estimate of the total number
of respondents and the amount of time
estimated for an average respondent to
respond: 10,000 responses at 30 minutes
(0.5 hours) per response.
• In the Overview of This Information
Collection section, Item 6 is corrected as
follows: An estimate of the total public
burden (in hours) associated with the
collection: 5,000 annual burden hours.
Dated: August 11, 2008.
Lee Shirkey,
Chief, Records Management Branch Chief,
United States Immigration and Customs
Enforcement, Department of Homeland
Security.
[FR Doc. E8–18816 Filed 8–13–08; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA–110]
Meeting of the Central California
Resource Advisory Council OffHighway Vehicle Subcommittee
ACTION:
Notice of public meeting.
SUMMARY: In accordance with the
Federal Land Policy and Management
Act (FLPMA) and the Federal Advisory
Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Central
California Resource Advisory Council
Off-Highway Vehicle (OHV)
Subcommittee will meet as indicated
below.
The meeting will be held
Saturday, September 13, 2008, at the
Keck Community Center, 555 Monroe
St., Coalinga, California, from 10 a.m. to
noon. Members of the public are
welcome to attend the meeting. The
subcommittee will conduct
organizational business and discuss
OHV issues for the subcommittee to
address.
DATES:
FOR FURTHER INFORMATION CONTACT:
BLM Folsom Field Office Manager Bill
Haigh or BLM Central California Public
Affairs Officer David Christy, both at
(916) 985–4474.
SUPPLEMENTARY INFORMATION: The
twelve-member Central California RAC
advises the Secretary of the Interior,
E:\FR\FM\14AUN1.SGM
14AUN1
]]>Agencies
[Federal Register Volume 73, Number 158 (Thursday, August 14, 2008)]
[Notices]
[Pages 47606-47611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18826]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2452-08; DHS Docket No. USCIS-2008-0029]
RIN 1615-ZA69
Extension of the Designation of Sudan for Temporary Protected
Status; Automatic Extension of Employment Authorization Documentation
for Sudanese TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces that the Secretary of Homeland Security
has extended the designation of Sudan for temporary protected status
(TPS) for 18 months, from its current expiration date of November 2,
2008 through May 2, 2010. This Notice also sets forth procedures
necessary for nationals of Sudan (or aliens having no nationality who
last habitually resided in Sudan) with TPS to re-register with U.S.
Citizenship and Immigration Services (USCIS) and to apply for an
extension of their employment authorization documents (EADs) for the
additional 18-month period. Re-registration is limited to persons who
have previously registered for TPS under the designation of Sudan and
whose applications have been granted or remain pending. Certain
nationals of Sudan (or aliens having no nationality who last habitually
resided in Sudan) who have not previously applied for TPS may be
eligible to apply under the late initial registration provisions.
Given the timeframes involved with processing TPS re-registration
applications, the Department of Homeland Security (DHS) recognizes the
possibility that all re-registrants may not receive new EADs until
after their current EADs expire on November 2, 2008. Accordingly, this
Notice automatically extends the validity of EADs issued under the TPS
designation of Sudan for six months, through May 2, 2009, and explains
how TPS beneficiaries and their employers may determine which EADs are
automatically extended. USCIS will issue new EADs with the May 2, 2010
expiration date to eligible TPS beneficiaries who timely re-register
and apply for EADs.
DATES: The extension of the TPS designation of Sudan is effective
November 3, 2008, and will remain in effect through May 2, 2010. The
60-day re-registration period begins August 14, 2008, and will remain
in effect until October 14, 2008. To facilitate processing of
applications, applicants are strongly encouraged to file as soon as
possible after the start of the 60-day re-registration period beginning
on August 14, 2008.
FOR FURTHER INFORMATION CONTACT: Claudia Young, Status and Family
Branch, Office of Service Center Operations, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue, NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1533.
This is not a toll-free call. Further information will also be
available at local USCIS offices upon publication of this Notice and on
the USCIS Web site at https://www.uscis.gov. Note: The phone number
provided here is solely for questions regarding this TPS notice. It is
not for individual case status inquiries. Applicants seeking
information about the status of their individual case can check Case
Status Online available at the USCIS Web site listed above, or
applicants may call the USCIS National Customer Service
[[Page 47607]]
Center at 1-800-375-5283 (TTY 1-800-767-1833).
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
IDPs--Internally Displaced Persons
OSC--U.S. Department of Justice Office of Special Counsel for
Immigration Related Unfair Employment Practices
SAF--Sudanese Armed Forces
Secretary--Secretary of Homeland Security
SPLM/A--Sudanese People's Liberation Movement/Army
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
What authority does the Secretary of Homeland Security have to extend
the designation of Sudan for TPS?
Section 244(b)(1) of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a(b)(1), authorizes the Secretary of Homeland Security
(Secretary), after consultation with appropriate agencies of the
Government, to designate a foreign State (or part thereof) for TPS.\1\
The Secretary 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(a)(1)(A) of the Act; 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------
\1\ As of March 1, 2003, in accordance with section 1517 of
Title XV of the Homeland Security Act of 2002 (HSA), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the Immigration and Nationality Act describing
functions which were transferred from the Attorney General or other
Department of Justice official to the Department of Homeland
Security by the HSA ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (2003) (codifying HSA, Title XV,
section 1517).
---------------------------------------------------------------------------
At least 60 days before the expiration of the TPS designation, the
Secretary, after consultations with appropriate agencies of the
Government, must review the conditions in a foreign State designated
for TPS and determine whether the conditions for the TPS designation
continue to be met and, if so, must determine the length of an
extension of the TPS designation. Section 244(b)(3)(A), (C) of the Act.
If the Secretary determines that the foreign State no longer meets the
conditions for the TPS designation, he must terminate the designation.
Section 244(b)(3)(B) of the Act.
Why was Sudan initially designated for TPS?
On November 4, 1997, the Attorney General published a Notice in the
Federal Register, at 62 FR 59737, designating Sudan for TPS based on an
ongoing armed conflict and extraordinary and temporary conditions
within that country. See Section 244(a)(b)(1)(A), (C) of the Act; 8
U.S.C. 1254a(b)(1)(A), (C).
When was the TPS designation for Sudan extended?
On November 3, 1998, the Attorney General extended the designation
determining that the conditions warranting such designation continued
to be met. 63 FR 59337.
On November 9, 1999, the Attorney General extended and re-
designated Sudan by publishing a Notice in the Federal Register, at 64
FR 61128, based upon the ongoing armed conflict and extraordinary and
temporary conditions within Sudan which had worsened.
After that date, the Attorney General and then the Secretary of
Homeland Security (Secretary) extended the TPS designation of Sudan
four times, determining in each instance that the conditions warranting
the designation continued to be met. 65 FR 67407 (Nov. 9, 2000); 66 FR
46031 (Aug. 31, 2001); 67 FR 55877 (Aug. 30, 2002); 68 FR 52410 (Sept.
3, 2003).
On October 7, 2004, the Secretary extended and re-designated Sudan
for TPS due to the intensification of the ongoing armed conflict in the
Darfur region and the extraordinary and temporary conditions resulting
from the ongoing conflict. 69 FR 60168.
After October 2004, the Secretary extended the TPS designation of
Sudan two times, determining in each instance that the conditions
warranting the designation continued to be met. 70 FR 52429 (Sept. 2,
2005); 72 FR 10541 (May 3, 2007). Thus, since the initial designation
of Sudan for TPS in 1997, the Attorney General, and later, the
Secretary, have extended--or re-designated and extended--TPS for Sudan
a total of ten times, including this 2008 extension.
Why has the Secretary decided to extend the TPS designation for Sudan
through May 2, 2010?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Sudan. Based on this review, DHS has
determined that an 18-month extension is warranted because the armed
conflict is ongoing, and the extraordinary and temporary conditions
that prompted the October 7, 2004, re-designation persist.
Armed conflict continues in the Darfur region of Western Sudan.
Since early 2003, armed conflict has persisted between the government
of Sudan and the Sudanese People's Liberation Movement/Army (SPLM/A).
Furthermore, violence against civilians has continued, with reports of
killings, rapes, beatings, looting and burning of property throughout
the region, including at camps for internally displaced people.
Deliberate targeting of civilians continues to be a hallmark of
violence perpetrated by all parties to the conflict. Since the
beginning of this conflict, approximately 2.45 million people have been
forced to leave their homes and are internally displaced.
In Darfur and Southern Sudan, conditions remained the same or have
worsened over the past year. By June 2008, implementation of the 2005
peace agreement had not advanced and key issues, particularly the
status and future of Abyei, the division of oil revenues, border
demarcation and deployment of armed forces remained unresolved. There
were 280,000 newly displaced Sudanese (including 80,000 displaced in
the first two months of 2008), bringing the total number of internally
displaced persons (IDPs) to 2,387,000. Large-scale violence by the
Sudanese government and its allies directed against civilians was
reported, including an attack in February 2008 that killed 115 people
and forced 30,000 from their homes. Additionally, a clash between the
Sudanese Armed Forces (SAF) and SPLM/A in Abyei in May 2008 has
displaced over 100,000 people. Moreover, violence has been increasingly
directed against humanitarian workers, of whom 14,000 are presently in
Darfur. This violence includes robberies, hijackings of humanitarian
aid vehicles, and attacks on humanitarian facilities.
Based upon this review, the Secretary has determined, after
consultation with the appropriate Government agencies, that the
conditions that prompted the designation of Sudan for TPS continue to
be met. See section 244(b)(3)(A) of the Act; 8 U.S.C. 1254a(b)(3)(A).
An ongoing armed conflict and extraordinary and temporary conditions in
Sudan prevent aliens who are nationals of Sudan (or aliens having no
nationality who last habitually resided in Sudan) from returning in
safety. The Secretary also finds that it is not contrary to the
national interest of the United States to permit aliens who meet the
eligibility requirements of TPS to remain in the United States
temporarily. See section 244(b)(1)(C) of the Act. On the basis of these
findings and determinations, the Secretary concludes that the
designation of Sudan for TPS should be extended for an additional 18-
month period. See section 244(b)(3)(C) of the Act. There are
approximately 500 nationals of Sudan
[[Page 47608]]
(or aliens having no nationality who last habitually resided in Sudan)
who are eligible for TPS under this extended designation.
What actions should qualifying aliens take pursuant to this notice?
To maintain TPS, a national of Sudan (or an alien having no
nationality who last habitually resided in Sudan) who was granted TPS
and who has not had TPS withdrawn must re-register for TPS during the
60-day re-registration period from August 14, 2008 until October 14,
2008. To re-register, aliens must follow the filing procedures set
forth in this Notice. An addendum to this Notice provides instructions
on this extension, including filing and eligibility requirements for
TPS and EADs. Information concerning the extension of the designation
of Sudan for TPS also will be available at local USCIS offices upon
publication of this Notice and on the USCIS Web site at https://
www.uscis.gov.
Notice of Extension of the TPS Designation of Sudan
By the authority vested in me as Secretary of Homeland Security
under section 244 of the Act, 8 U.S.C. 1254a, I have determined, after
consultation with the appropriate Government agencies, that the
conditions that prompted re-designation of Sudan for temporary
protected status (TPS) on October 7, 2004, continue to be met. See
section 244(b)(3)(A). Accordingly, I am extending the TPS designation
of Sudan for 18 months from November 3, 2008, through May 2, 2010.
Dated: August 6, 2008.
Michael Chertoff,
Secretary.
Temporary Protected Status Filing Requirements
Do I need to re-register for TPS if I currently have benefits through
the designation of Sudan for TPS, and would like to maintain them?
Yes. If you already have received TPS benefits through the TPS
designation of Sudan, your benefits will expire on November 2, 2008.
All TPS beneficiaries must comply with the re-registration requirements
described in this Notice in order to maintain TPS benefits through May
2, 2010. TPS benefits include temporary protection against removal from
the United States and employment authorization during the TPS
designation period. Section 244(a)(1) of the Act; 8 U.S.C. 1254a(a)(1).
Failure to re-register without good cause will result in the withdrawal
of your temporary protected status and possibly your removal from the
United States. Section 244(c)(3)(C) of the Act; 8 U.S.C.
1254a(c)(3)(C).
If I am currently registered for TPS or have a pending application for
TPS, how do I re-register to renew my benefits for the duration of the
extension period?
Please submit the proper forms and fees according to Tables 1 and 2
below. The following are some helpful tips to keep in mind when
completing your application:
All applicants are strongly encouraged to pay close and
careful attention when filling out the required forms to help ensure
that their dates of birth, alien registration numbers, spelling of
their names, and other required information is correctly entered on the
forms.
All questions on required forms should be fully and
completely answered. Failure to fully complete each required form may
result in a delay in processing of your application.
Aliens who have previously registered for TPS, but whose
applications remain pending, should follow the filing instructions in
this Notice if they wish to renew their TPS benefits.
All TPS re-registration applications submitted without the
required fees will be returned to applicants.
All fee waiver requests should be filed in accordance with
8 CFR 244.20.
If you received an EAD during the most recent registration
period, please submit a photocopy of the front and back of your EAD.
Table 1--Application Forms and Application Fees
------------------------------------------------------------------------
If-- And-- Then--
------------------------------------------------------------------------
You are re-registering for TPS.. You are applying You must complete
for an extension and file the Form
of your EAD valid I-765,
through May 2, Application for
2010. Employment
Authorization,
with the fee of
$340 or a fee
waiver request.
You must also
submit Form I-
821, Application
for Temporary
Protected Status,
with no fee.
You are re-registering for TPS.. You are Not You must complete
applying for and file the Form
renewal of your I-765 with no fee
EAD. and Form I-821
with no fee.
Note: Do Not
check any box for
the question ``I
am applying for''
listed on Form I-
765, as you are
Not requesting an
EAD benefit.
You are applying for TPS as a You are applying You must complete
late initial registrant (see for a TPS-related and file Form I-
below) and you are between the EAD. 821 with the $50
ages of 14 and 65 (inclusive). fee or fee waiver
request and Form
I-765 with the
fee of $340 or a
fee waiver
request.
You are applying for TPS as a You are applying You must complete
late initial registrant and are for a TPS-related and file Form I-
under age 14 or over age 65. EAD. 821 with the $50
fee or fee waiver
request. You must
also submit Form
I-765 with no
fee.
You are applying for TPS as a You are Not You must complete
late initial registrant, applying for an and file Form I-
regardless of age. EAD. 821 with the $50
fee or fee waiver
request and Form
I-765 with no
fee.
Your previous TPS application is You are applying You must complete
still pending. to renew your and file the Form
temporary I-765 with the
treatment fee of $340 or a
benefits (i.e., fee waiver
an EAD with request. You must
category ``C-19'' also submit Form
on its face). I-821, with no
fee.
------------------------------------------------------------------------
[[Page 47609]]
Certain applicants must also submit a Biometric Service Fee (See
Table 2).
Table 2--Biometric Service Fee
------------------------------------------------------------------------
If And Then
------------------------------------------------------------------------
You are 14 years of age or older 1. You are re- You must submit a
registering for Biometric Service
TPS, or. fee of $80 or a
2. You are fee waiver
applying for TPS request.
under the late
initial
registration
provisions, or.
3. Your TPS ..................
application is
still pending and
you are applying
to renew
temporary
treatment
benefits (i.e.,
EAD with category
``C-19'' on its
face).
You are younger than 14 years of 1. You are You do Not need to
age. applying for an submit a
EAD, or. Biometric Service
2. You are Not fee.
applying for an
EAD.
------------------------------------------------------------------------
What edition of the forms should I submit?
Only versions of Form I-821 dated October 17, 2007, or later will
be accepted. Only versions of Form I-765 dated May 27, 2008, or later
will be accepted. The revision date can be found in the bottom right
corner of the form. The proper forms can be found on the Internet at
https://www.uscis.gov or by calling the USCIS forms hotline at 1-800-
870-3676.
Where should I submit my application for TPS?
Please mail your application for TPS to the following address: U.S.
Citizenship and Immigration Services, Attn: TPS Sudan, P.O. Box 8677,
Chicago, IL 60680-8677.
Or, for courier deliveries, please mail your application to: U.S.
Citizenship and Immigration Services, Attn: TPS Sudan, 131 S.
Dearborn--3rd Floor, Chicago, IL 60603-5517.
Can I file my application electronically?
If you are filing for re-registration and do not need to submit
supporting documentation (see Table 3) with your application, you may
file your application electronically. To file your application
electronically, follow directions on the USCIS Web site at: https://
www.uscis.gov.
How will I know if I need to submit supporting documentation with my
application package?
See Table 3 below to determine if you need to submit supporting
documentation.
Table 3--Who Should Submit Supporting Documentation?
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If Then
------------------------------------------------------------------------
One or more of the questions listed in You must submit an
Part 4, Question 2 of Form I-821 explanation, on a separate
applies to you. sheet(s) of paper, and/or
additional documentation must
be provided.
You were granted TPS by an Immigration You must include evidence of
Judge or the Board of Immigration the grant of TPS (such as an
Appeals. order from the Immigration
Judge) with your application
package.
------------------------------------------------------------------------
How do I know if I am eligible for late registration?
You may be eligible for late initial registration under 8 CFR
244.2. In order to be eligible for late initial registration, you must:
(1) Be a national of Sudan (or an alien who has no nationality and
who last habitually resided in Sudan);
(2) Have continuously resided in the United States since October 7,
2004;
(3) Have been continuously physically present in the United States
since October 7, 2004; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the Immigration and Nationality Act (Act), and
not ineligible under section 244(c)(2)(B) of the Act.
Additionally, you must be able to demonstrate that during the
registration period for the most recent re-designation (from October 7,
2004 to April 5, 2005), you:
(1) Were 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) Were a parolee or had a pending request for re-parole; or
(4) Are the spouse or child of an alien currently eligible to be a
TPS registrant.
An applicant for late initial registration must file an application
for late registration no later than 60 days after the expiration or
termination of the applicable condition described above. 8 CFR
244.2(g). All late initial registration applications for TPS, pursuant
to the designation of Sudan, should be submitted to the appropriate
address listed above in Chicago, Illinois.
Are certain aliens ineligible for TPS?
Yes. There are certain criminal and terrorism-related
inadmissibility grounds that render an alien ineligible for TPS. See
section 244(c)(2)(A)(iii); 8 U.S.C. 1254a(c)(2)(A)(iii). Further,
aliens who have been convicted of any felony or two or more
misdemeanors committed in the United States are ineligible for TPS
under section 244(c)(2)(B)(i) of the Act, as are aliens described in
the bars to asylum in section 208(b)(2)(A) of the Act, 8 U.S.C.
1158(b)(2)(A). See section 244(c)(2)(B)(ii) of the Act; 8 U.S.C.
1254a(c)(2)(B)(ii).
If I currently have TPS, can I lose my TPS benefits?
TPS and related benefits will be withdrawn if you:
(1) Are not eligible for TPS;
(2) Fail to timely re-register for TPS without good cause; or
[[Page 47610]]
(3) Fail to maintain continuous physical presence in the United
States. See sections 244(c)(3)(A)-(C) of the Act; 8 U.S.C.
1254a(c)(3)(A)-(C).
Does TPS lead to lawful permanent residence status?
No. TPS is a temporary benefit that does not lead to lawful
permanent residence status or confer any other immigration status.
Sections 244(f)(1) and (h) of the Act; 8 U.S.C. 1254a(f)(1), and (h).
If I am currently covered under TPS, what status will I have if my
country's TPS designation is terminated?
When a country's TPS designation is terminated, TPS beneficiaries
will maintain the same immigration status, if any, that they held prior
to obtaining TPS (unless that status has since expired or been
terminated), or any other status they may have acquired while
registered for TPS. Accordingly, if you held no lawful immigration
status prior to being granted TPS and did not obtain any other status
during the TPS period, you will revert to unlawful status upon the
termination of the TPS designation. Once the Secretary determines that
a TPS designation should be terminated, aliens who had TPS under that
designation, and who do not hold any other lawful immigration status,
must plan for their departure from the United States.
May I apply for another immigration benefit while registered for TPS?
Yes. Registration for TPS does not prevent you from applying for
non-immigrant status, filing for adjustment of status based on an
immigrant petition, or applying for any other immigration benefit or
protection. Section 244(a)(5) of the Act; 8 U.S.C. 1254a(a)(5). For the
purposes of change of status, and adjustment of status, an alien is
considered to be in, and maintaining, lawful status as a nonimmigrant
during the period in which the alien is granted TPS. See section
244(f)(4) of the Act; 8 U.S.C. 1254a(f)(4). However, if an alien has
periods of time when he or she had no lawful immigration status before,
or after, the alien's time in TPS, those period(s) of unlawful presence
may negatively affect that alien's ability to adjust to permanent
resident status or attain other immigration benefits, depending on the
circumstances of the specific case. See, e.g. , section 212(a)(9) of
the Act; 8 U.S.C. 1182(a)(9) (unlawful presence ground of
inadmissibility that is triggered by a departure from the United
States). In some cases, the unlawful presence ground of
inadmissibility, and certain other grounds of inadmissibility, may be
waived when an alien applies to adjust to permanent resident status or
for another immigration status.
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. 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. See sections 244(b)(2)(A)(ii) and 244(c)(2)(B)(ii) of the Act; 8
U.S.C. 1158(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).
Can a national of Sudan (or aliens having no nationality who last
habitually resided in Sudan) who entered the United States after
October 7, 2004 file for TPS?
No. This extension does not expand TPS eligibility to those that
are not currently eligible. To be eligible for benefits under this
extension, nationals of Sudan (or aliens having no nationality who last
habitually resided in Sudan) must have continuously resided and have
been continuously physically present in the United States since October
7, 2004, the date of the most recent re-designation of Sudan for TPS.
Employment Authorization Document Automatic Extension Guidelines
Who is eligible to receive an automatic six-month EAD extension from
November 3, 2008, to May 2, 2009?
To receive an automatic six-month extension of an EAD, an
individual must be a national of Sudan (or an alien having no
nationality who last habitually resided in Sudan) who has applied for
and received an EAD under the designation of Sudan for TPS and who has
not had TPS withdrawn or denied. This automatic extension is limited to
EADs issued on Form I-766, Employment Authorization Document, bearing
an expiration date of November 2, 2008. These EADs must also bear the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category.''
What documents should I bring to my ASC appointment?
TPS re-registrants will receive a notice in the mail with
instructions as to whether or not they will be required to appear at a
USCIS Application Support Center (ASC) for biometrics collection. To
increase efficiency and improve customer service, whenever possible
USCIS will use an individual's previously-captured biometrics and will
conduct necessary security checks using those biometrics, such that you
may not be required to appear at an ASC. Due to systems limitations, it
may not be possible in every case to reuse biometrics.
However, even if you do not need to attend an ASC appointment, you
are required to pay the separate biometrics fee. This fee will help
cover the USCIS costs associated with use and maintenance of collected
biometrics (such as fingerprints) for FBI and other background checks,
identity verification and document production.
If you are required to report to an ASC, you must bring the
following documents:
(1) Your receipt notice for your re-registration application;
(2) Your ASC appointment notice; and
(3) Your current EAD.
If no further action is required for your case, you will receive a
new EAD by mail valid through May 2, 2010. If your case requires
further resolution, USCIS will contact you in writing to explain what
additional information, if any, is necessary to resolve your case. If
your application is subsequently approved, you will receive a new EAD
in the mail with an expiration date of May 2, 2010.
What if my address changes after I file my re-registration application?
If your address changes after you file your application for re-
registration, you must complete and submit Form AR-11 by mail or
electronically. The mailing address is:
USCIS, Change of Address, PO Box 7134, London, KY 40742-7134.
Form AR-11 can also be filed electronically by following the
directions on the USCIS Web site at: https://www.uscis.gov. To
facilitate the processing of your address change on your TPS
application, you may call the USCIS National Customer Service Center at
1-800-375-5283 (TTY 1-800-767-1833) to request that your address be
updated on your application. Please note that calling the USCIS
National Customer Service Center does not relieve you of your burden to
properly file a Form AR-11 with USCIS.
May I request an interim EAD at my local District Office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at District Offices. Interim
[[Page 47611]]
EADs may only be issued at the Vermont Service Center.
How may employers determine whether an EAD has been automatically
extended for six-months through May 2, 2009, and therefore acceptable
for completion of the Form I-9, Employment Eligibility Verification?
An EAD that has been automatically extended by this Notice through
May 2, 2009, will bear the notation ``A-12'' or ``C-19'' on the face of
the Form I-766 under ``Category,'' and will have an expiration date of
November 2, 2008, printed on the face of the card. New EADs or
extension stickers showing the May 2, 2009, expiration date of the six-
month automatic extension will not be issued. Employers should not
request proof of Sudanese citizenship.
Employers should accept an EAD as a valid ``List A'' document and
not ask for additional Form I-9 documentation if presented with an EAD
that has been extended pursuant to this Federal Register Notice, so
long as the EAD reasonably appears on its face to be genuine and to
relate to the employee. This extension does not affect the right of an
applicant for employment or an employee to present any legally
acceptable document as proof of identity and eligibility for
employment.
Note to Employers
Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those setting forth re-verification
requirements. For questions, employers may call the USCIS Customer
Assistance Office at 1-800-357-2099. Also, employers may call the U.S.
Department of Justice Office of Special Counsel for Immigration Related
Unfair Employment Practices (OSC) Employer Hotline at 1-800-255-8155.
Employees or applicants may call the OSC Employee Hotline at 1-800-255-
7688 for information regarding the automatic extension. Additional
information is available on the OSC Web site at https://www.usdoj.gov/
crt/osc/.
How may employers determine an employee's eligibility for employment
once the automatic six-month extension expires on May 2, 2009?
Eligible TPS aliens will possess an EAD on Form I-766 with an
expiration date of May 2, 2010. The EAD will bear the notation ``A-12''
or ``C-19'' on the face of the card under ``Category,'' and should be
accepted for the purposes of verifying identity and employment
authorization.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9?
During the first six months of this extension, qualified
individuals who have received a six-month automatic extension of their
EADs by virtue of this Federal Register Notice may present their TPS-
based EAD to their employer, as described above, as proof of identity
and employment authorization through May 2, 2009. To minimize confusion
over this extension at the time of hire or re-verification, qualified
individuals may also present a copy of this Federal Register Notice
regarding the automatic extension of employment authorization
documentation through May 2, 2009. After May 2, 2009, a qualified
individual may present a new EAD valid through May 2, 2010.
In the alternative, any legally acceptable document or combination
of documents as listed on the Form I-9 may be presented as proof of
identity and employment eligibility.
[FR Doc. E8-18826 Filed 8-13-08; 8:45 am]
BILLING CODE 9111-97-P
