Extension of the Designation of Nicaragua for Temporary Protected Status, 57138-57143 [E8-22978]
Download as PDF
<![CDATA[
57138
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices
relieve you of your burden to properly
file a Form AR–11 with USCIS.
OSC Web site at https://www.usdoj.gov/crt/
osc/.
Will my current EAD that is set to expire
on January 5, 2009, automatically be
extended for six months?
[FR Doc. E8–22972 Filed 9–30–08; 8:45 am]
No. This Notice does not
automatically extend previously-issued
EADs. DHS is announcing the extension
of the TPS designation of Honduras and
establishing the re-registration period at
an early date to allow sufficient time for
DHS to process EAD requests prior to
the current January 5, 2009 EAD
expiration date. You must file both your
Form I–821 and Form I–765 during the
60-day re-registration period. Failure to
apply during the re-registration period
without good cause will result in a
withdrawal of your TPS benefits. DHS
strongly encourages you to file as early
as possible within the re-registration
period.
DEPARTMENT OF HOMELAND
SECURITY
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
EADs may only be issued by the
Vermont Service Center.
What documents may I show to my
employer as proof of employment
authorization and identity when
completing Form I–9?
jlentini on PROD1PC65 with NOTICES
After January 5, 2009, a TPS
beneficiary under TPS for Honduras
who has timely re-registered with
USCIS as directed under this Notice and
obtained a new EAD may present his or
her new valid EAD to his or her
employer as proof of employment
authorization and identity. Employers
may not accept previously issued EADs
that are no longer valid. Individuals also
may present any other legally acceptable
document or combination of documents
listed on the Form I–9 as proof of
identity and employment eligibility.
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
rules 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.
Additional information is available on the
VerDate Aug<31>2005
18:22 Sep 30, 2008
Jkt 214001
BILLING CODE 9111–97–P
U.S. Citizenship and Immigration
Services
[CIS No. 2454–08; DHS Docket No. USCIS–
2008–0032]
RIN 1615–ZA71
Extension of the Designation of
Nicaragua for Temporary Protected
Status
U.S. Citizenship and
Immigration Services, DHS (DHS).
ACTION: Notice.
AGENCY:
SUMMARY: This Notice announces that
the Secretary of Homeland Security has
extended the designation of Nicaragua
for temporary protected status (TPS) for
18 months from its current expiration
date of January 5, 2009 through July 5,
2010. This Notice also sets forth
procedures necessary for nationals of
Nicaragua (or aliens having no
nationality who last habitually resided
in Nicaragua) with TPS to re-register
with U.S. Citizenship and Immigration
Services (USCIS). Unlike the prior
extension of TPS for Nicaragua, this
Notice does not automatically extend
previously-issued employment
authorization documents (EADs).
Eligible TPS beneficiaries must apply to
USCIS for extensions of their EADs, and
pay the required application fee for such
extensions, during the 60-day
registration period. Re-registration is
limited to persons who have previously
registered with USCIS for TPS under the
designation of Nicaragua and whose
applications have been granted by or
remain pending with USCIS. Certain
nationals of Nicaragua (or aliens having
no nationality who last habitually
resided in Nicaragua) who have not
previously applied for TPS with USCIS
may be eligible to apply under the late
initial registration provisions.
DATES: The extension of the TPS
designation of Nicaragua is effective
January 6, 2009, and will remain in
effect through July 5, 2010. The 60-day
re-registration period begins October 1,
2008, and will remain in effect until
December 1, 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
October 1, 2008.
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Shelly Sweeney, 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 cases can
check Case Status Online available at the
USCIS Web site listed above, or applicants
may call the USCIS National Customer
Service 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.
EAD—Employment Authorization
Document.
HSA—Homeland Security Act of 2002.
OSC—U.S. Department of Justice Office
of Special Counsel for Immigration
Related Unfair Employment Practices.
Secretary—Secretary of Homeland
Security.
TPS—Temporary Protected Status.
USCIS—U.S. Citizenship and
Immigration Services.
What is Temporary Protected Status?
TPS is an immigration status DHS
grants to eligible nationals of designated
countries or part of a designated
country. During the period for which
the Secretary of Homeland Security
(Secretary) has designated a country for
TPS, TPS beneficiaries are eligible to
remain in the United States and may
obtain work authorization. The granting
of TPS does not lead to permanent
resident status. When the Secretary
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 obtained
while registered for TPS.
What authority does the Secretary of
Homeland Security have to extend the
designation of Nicaragua for TPS?
Section 244(b)(1) of the Immigration
and Nationality Act (Act), 8 U.S.C.
E:\FR\FM\01OCN1.SGM
01OCN1
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices
1254a(b)(1), authorizes the 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 a TPS designation, the Secretary, after
consultations with appropriate agencies
of the government, must review the
conditions in a foreign State designated
for TPS to 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. Sections
244(b)(3)(A) and 244(b)(3)(C) of the Act,
8 U.S.C. 1254a(b)(3)(A) and (C). 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, 8 U.S.C. 1254a(b)(3)(B).
The Secretary’s determination to
designate a country for TPS, or to
extend or terminate such designation, is
not subject to judicial review. Section
244(b)(5) of the Act, 8 U.S.C.
1254a(b)(5)(A).
Why was Nicaragua initially designated
for TPS?
On January 5, 1999, the Attorney
General published a Notice in the
Federal Register, at 64 FR 526,
designating Nicaragua for TPS due to
the devastation resulting from Hurricane
Mitch.
When was the TPS designation for
Nicaragua extended?
jlentini on PROD1PC65 with NOTICES
The Attorney General and the
Secretary of Homeland Security have
extended the designation for Nicaragua
seven times on the basis that the
conditions warranting the January 5,
1999, designation continued to be met.
See 65 FR 30440 (May 11, 2000); 66 FR
23271 (May 8, 2001); 67 FR 22454 (May
3, 2002); 68 FR 23748 (May 5, 2003); 69
FR 64088 (November 3, 2004); 71 FR
16333 (March 31, 2006); 72 FR 29534
(May 29, 2007).
1 As of March 1, 2003, in accordance with section
1517 of Title XV of the Homeland Security Act of
2002 (HSA), Pub. L. No. 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, § 1517).
VerDate Aug<31>2005
18:22 Sep 30, 2008
Jkt 214001
Why is the Secretary extending the TPS
designation for Nicaragua through July
5, 2010?
Over the past year, DHS and the
Department of State have continued to
review conditions in Nicaragua. Based
on this review, DHS has determined that
an 18-month extension is warranted
because there continues to be a
substantial, but temporary, disruption of
living conditions in Nicaragua resulting
from Hurricane Mitch and Nicaragua
remains unable, temporarily, to
adequately handle the return of its
nationals, as required for TPS
designations based on environmental
disasters. Section 244(b)(1)(B) of the
Act; 8 U.S.C. 1254a(b)(1)(B).
It is estimated that Hurricane Mitch
destroyed or disabled 70 percent of the
roads in Nicaragua, severely damaging
71 bridges and over 1,700 miles of
highway. While the Pan-American
highway has been repaired, most
secondary roads have not. Temporary
structures were never replaced and have
deteriorated, and roads and other
infrastructure that were damaged by the
hurricane have been poorly rebuilt or
not rebuilt at all. As of November 2007,
Nueva Vida, a resettlement community
of 15,000 people left destitute by
Hurricane Mitch, faced an
unemployment rate of approximately 90
percent. Furthermore, two of the five
projects funded by the Inter-American
Development Bank for post-Mitch
reconstruction still awaited completion
as of May 2008, including one project
implementing sanitation measures at
Lake Managua.
Additionally, since Hurricane Mitch,
Nicaragua has been beset by other
economic crises and natural disasters.
Hurricane Felix devastated the Northern
Atlantic Autonomous Region and
affected neighboring departments of
Nueva Segovia and Jinotega in
September 2007. Hurricane Felix
destroyed more than 20,450 homes
along with 100 schools, clinics,
community centers, and churches,
killed more than 130 people, and caused
an economic loss of approximately $500
million. Tropical Depression Alma of
late May 2008 exacerbated the damage
caused by Hurricanes Felix and Mitch.
Based upon this review, the Secretary
has determined, after consultation with
the appropriate government agencies,
that the conditions that prompted the
designation of Nicaragua for TPS
continue to be met. See section
244(b)(3)(A) of the Act; 8 U.S.C.
1254a(b)(3)(A). There continues to be a
substantial, but temporary, disruption in
living conditions in Nicaragua as the
result of an environmental disaster, and
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
57139
Nicaragua continues to be unable,
temporarily, to adequately handle the
return of its nationals. See section
244(b)(1)(B) of the Act. On the basis of
these findings and determinations, the
Secretary concludes that the designation
of Nicaragua for TPS should be
extended for an additional 18-month
period. See section 244(b)(3)(C) of the
Act, 8 U.S.C. 1254a(b)(3)(C). There are
approximately 3,500 nationals of
Nicaragua (or aliens having no
nationality who last habitually resided
in Nicaragua) who are eligible for TPS
under this designation.
What actions should qualifying aliens
take pursuant to this notice?
To maintain TPS, a national of
Nicaragua (or an alien having no
nationality who last habitually resided
in Nicaragua) who was granted TPS and
who has not had TPS withdrawn must
re-register for TPS during the 60-day reregistration period from October 1, 2008
until December 1, 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
Nicaragua 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 Nicaragua
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 the designation of Nicaragua
for temporary protected status (TPS) on
January 5, 1999, continue to be met. See
section 244(b)(3)(A) of the Act, 8 U.S.C.
1254a(b)(3)(A). Accordingly, I am
extending the TPS designation of
Nicaragua for 18 months from January 6,
2009, through July 5, 2010.
Dated: August 29, 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 Nicaragua for TPS, and
would like to maintain them?
Yes. If you already have received TPS
benefits through the TPS designation of
Nicaragua, your benefits will expire on
January 5, 2009. All TPS beneficiaries
E:\FR\FM\01OCN1.SGM
01OCN1
57140
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices
must comply with the re-registration
requirements, and submit any
associated application fees or
applications for waivers of the fees,
described in this Notice in order to
maintain TPS benefits through July 5,
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 the 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 for an extension of your
EAD valid through July 5, 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.
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.
Certain applicants must also submit a
Biometric Service Fee (See Table 2).
TABLE 2—BIOMETRIC SERVICE FEE
And
Then
You are 14 years of age or older .......................
jlentini on PROD1PC65 with NOTICES
If
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.
You are younger than 14 years of age ..............
VerDate Aug<31>2005
18:22 Sep 30, 2008
Jkt 214001
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
You do NOT need to submit a Biometric Service fee.
E:\FR\FM\01OCN1.SGM
01OCN1
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices
What edition of the Form I–821 and
Form I–765 should I submit?
Only versions of Form I–821 dated
October 17, 2007 (Rev. 10/17/07), or
later, will be accepted. Only versions of
Form I–765 dated May 27, 2008 (Rev. 5/
27/08), 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.
57141
Where should I submit my application
for TPS?
Please reference Table 3 below to see
where to mail your specific application.
TABLE 3—APPLICATION MAILING DIRECTIONS
If
Then mail to
Or, for courier deliveries, mail to
You are applying for re-registration or applying
to renew your temporary treatment benefits.
U.S. Citizenship and Immigration Services,
Attn: TPS Nicaragua, P.O. Box 6943, Chicago, IL 60680–6943.
U.S. Citizenship and Immigration Services,
Attn: TPS Nicaragua, P.O. Box 8631, Chicago, IL 60680–8631.
U.S. Citizenship and Immigration Services,
Attn: TPS Nicaragua, 131 S. Dearborn—3rd
Floor, Chicago, IL 60603–5517.
U.S. Citizenship and Immigration Services,
Attn: TPS Nicaragua, [Additional Documents] 131 S. Dearborn—3rd Floor, Chicago, IL 60603–5517.
Please note that the e-mail address
provided above is solely for reregistration applicants who were
granted TPS by Immigration Judges and
by the Board of Immigration Appeals to
use to notify USCIS of their grants of
TPS. It is not for individual case status
inquiries. Applicants seeking
information about the status of their
individual cases can check Case Status
Online available at the USCIS Web site,
or can call the USCIS National Customer
Service Center.
Can I file my application electronically?
You are applying for the first time as a late initial registrant.
If you were granted TPS by an
Immigration Judge or the Board of
Immigration Appeals you must submit
evidence of the grant of TPS (such as an
order from the Immigration Judge) with
your application. In addition, when you
receive your receipt notice (Form I–797)
you will need to send an e-mail to
Tpsijgrant.vsc@dhs.gov that includes
the following information:
• Your name;
• Your date of birth;
• The receipt number for your reregistration;
• Your A-number; and
• The date you were granted TPS.
If you are filing for re-registration and
do not need to submit supporting
documentation (see Table 4) 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 4 below to determine if you
need to submit supporting
documentation.
TABLE 4—WHO SHOULD SUBMIT SUPPORTING DOCUMENTATION?
If
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.
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.
jlentini on PROD1PC65 with NOTICES
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 Nicaragua (or an
alien who has no nationality and who
last habitually resided in Nicaragua);
(2) Have continuously resided in the
United States since December 30, 1998;
(3) Have been continuously physically
present in the United States since
January 5, 1999; and
(4) Be both admissible as an
immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not
ineligible under section 244(c)(2)(B) of
the Act.
Additionally, you must be able to
demonstrate that during the registration
VerDate Aug<31>2005
18:22 Sep 30, 2008
Jkt 214001
period for the initial designation of TPS
(January 5, 1999 to August 20, 1999),
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 reparole; 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
conditions described above. See 8 CFR
244.2(g). All late initial registration
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
applications for TPS, pursuant to the
designation of Nicaragua, should be
submitted to the appropriate address
listed above in Table 3.
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) of
the Act; 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, 8
U.S.C. 1254a(c)(2)(B)(i), as are aliens
described in section 208(b)(2)(A) of the
Act, 8 U.S.C. 1158(b)(2)(A) (describing
bars to asylum). See section
E:\FR\FM\01OCN1.SGM
01OCN1
57142
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices
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
(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.
Having been granted TPS does not, of
itself, provide an alien with a basis for
seeking lawful permanent resident
status. A TPS beneficiary who wants to
become a lawful permanent resident
must qualify for this status based on a
family relationship, employment
classification, or other generally
available basis for immigration, and
must be otherwise admissible as an
immigrant. The alien may need to go
abroad to obtain an immigrant visa, if
the alien is not eligible for adjustment
of status. If the alien is subject to any
ground of inadmissibility, the alien
would need to obtain any necessary
waiver in order to become a lawful
permanent resident.
jlentini on PROD1PC65 with NOTICES
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, you will maintain the same
immigration status, if any, that you held
prior to obtaining TPS (unless that
status has since expired or been
terminated), or any other status you 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.
VerDate Aug<31>2005
18:22 Sep 30, 2008
Jkt 214001
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, each
alien is considered to be in, and
maintaining, lawful status as a
nonimmigrant during the period in
which he or she 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, or
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
alien’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.
1254a(b)(2)(A)(ii) and 8 U.S.C.
1254a(c)(2)(B)(ii).
Can nationals of Nicaragua (or aliens
having no nationality who last
habitually resided in Nicaragua) who
entered the United States after
December 30, 1998, file for TPS?
No. This extension does not expand
TPS eligibility to those who are not
currently eligible. To be eligible for
benefits under this extension, nationals
of Nicaragua (or aliens having no
nationality who last habitually resided
in Nicaragua) must have continuously
resided in the United States since
December 30, 1998, and have been
continuously physically present in the
United States since January 5, 1999. See
section 244(c)(1) of the Act, 8 U.S.C.
1254a(c)(1), also 64 FR 526 (Jan. 5,
1999).
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
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 reuse previouslycaptured 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 or submit an appropriately
supported fee waiver request. See 8 CFR
244.6. 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.
Failure to appear at an ASC for a
required ASC appointment will result in
denial of your case due to abandonment
unless you submit an address change
notification (see instructions below) or a
rescheduling request prior to your
appointment.
If no further action is required for
your case, you will receive a new EAD
by mail valid through July 5, 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
July 5, 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: U.S. Citizenship and
Immigration Services, Change of
Address, P.O. 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
E:\FR\FM\01OCN1.SGM
01OCN1
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices
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.
Will my current EAD which is set to
expire on January 5, 2009, automatically
be extended for six months?
No. This Notice does not
automatically extend previously issued
EADs. DHS is announcing the extension
of the TPS designation of Nicaragua and
establishing the re-registration period at
an early date to allow sufficient time for
DHS to process EAD requests prior to
the current January 5, 2009 EAD
expiration date. You must file both your
Form I–821 and Form I–765 during the
60-day re-registration period. Failure to
apply during the re-registration period
without good cause will result in a
withdrawal of your TPS benefits. DHS
strongly encourages you to file as early
as possible within the re-registration
period.
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
EADs may only be issued by the
Vermont Service Center.
jlentini on PROD1PC65 with NOTICES
What documents may I show to my
employer as proof of employment
authorization and identity when
completing Form I–9?
After January 5, 2009, a TPS
beneficiary under TPS for Nicaragua
who has timely re-registered with
USCIS as directed under this Notice and
obtained a new EAD may present his or
her new valid EAD to his or her
employer as proof of employment
authorization and identity. Employers
may not accept previously issued EADs
that are no longer valid. Individuals also
may present any other legally acceptable
document or combination of documents
listed on the Form I–9 as proof of
identity and employment eligibility.
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
rules setting forth re-verification
requirements. For questions, employers may
call the USCIS Customer Assistance Office at
1–800–357–2099. Also, employers may call
VerDate Aug<31>2005
18:22 Sep 30, 2008
Jkt 214001
the U.S. Department of Justice Office of
Special Counsel for Immigration Related
Unfair Employment Practices (OSC)
Employer Hotline at 1–800–255–8155.
Additional information is available on the
OSC Web site at https://www.usdoj.gov/crt/
osc/.
[FR Doc. E8–22978 Filed 9–30–08; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R7–R–2008–N0221; 70133–1265–
0000–S3]
Selawik National Wildlife Refuge,
Kotzebue, AK
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent to revise the
comprehensive conservation plan and
prepare an environmental assessment;
request for comments.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), intend to
prepare a revised Comprehensive
Conservation Plan (CCP) and
environmental assessment (EA) for
Selawik National Wildlife Refuge
(Selawik Refuge, Refuge). We furnish
this notice in compliance with our CCP
policy to advise other agencies, Tribes,
and the public of our intentions, and to
obtain suggestions and information on
the scope of issues to consider in the
planning process. We will use local
announcements, special mailings,
newspaper articles, the Internet, and
other media announcements to inform
people of opportunities to provide input
throughout the planning process. We
will hold public meetings in
communities within and near Selawik
Refuge during preparation of the revised
plan.
DATES: Please provide written comments
on the scope of the CCP revision and
planning process by January 15, 2009.
ADDRESSES: Address comments,
questions, and requests for further
information to:
Agency Web Site: For more
information visit https://alaska.fws.gov/
nwr/planning/spol.htm.
E-mail: Selawik_planning@fws.gov.
Please include ‘‘Selawik Refuge Revised
CCP’’ in the subject line of the message.
Mail: Jeffrey Brooks, Planning Team
Leader, U.S. Fish and Wildlife Service,
1011 E. Tudor Road, MS 231,
Anchorage, AK 99503–6199.
Fax: Comments may be faxed to (907)
786–3965.
In-Person: Call (907) 786–3357 to
make an appointment during regular
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
57143
business hours at the USFWS Regional
Office, 1011 E. Tudor Road, Anchorage,
AK 99503 or call (907) 442–3799 to
make an appointment during regular
business hours at Selawik Refuge
Headquarters, Kotzebue, AK 99752.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Brooks, Planning Team Leader,
(907) 786–3839 or
Selawik_planning@fws.gov.
SUPPLEMENTARY INFORMATION: With this
notice, we initiate our process for
developing a revised CCP for the
Selawik Refuge, Alaska. We furnish this
notice in compliance with our policy to
(1) advise other Federal and State
agencies, Tribes, and the public of our
intention to conduct detailed planning
on this refuge and (2) obtain suggestions
and information on the scope of issues
to be considered in the EA and during
the development of the CCP.
Background
We are required to develop a CCP for
each national wildlife refuge in Alaska
according to direction provided in the
Alaska National Interest Lands
Conservation Act (ANILCA) (94 Stat.
2371) and the National Wildlife Refuge
System Improvement Act of 1997 (16
U.S.C. 668dd–668ee), which amended
the National Wildlife Refuge System
Administration Act of 1966. The
purpose in developing a CCP is to
provide refuge managers with long-term
guidance for achieving refuge purposes
and contributing to the mission of the
National Wildlife Refuge System. CCPs
are prepared in a manner consistent
with sound principles of fish and
wildlife management and conservation,
visitor management principles, legal
mandates, and Service policies. CCPs
outline broad management direction for
conservation of wildlife habitats,
subsistence activities, and identification
and management of wildlife-oriented
recreation opportunities including,
hunting, fishing, wildlife observation
and photography, and environmental
education and interpretation. We will
review and update the CCP at least
every 15 years in accordance with the
Refuge Improvement Act and the
National Environmental Policy Act
(NEPA) (42 U.S.C. 4321 et seq.).
Each unit of the National Wildlife
Refuge System was established for
specific purposes. These purposes guide
us as we develop and prioritize
management goals and objectives within
the National Wildlife Refuge System
mission, and as we decide which types
of visitor services and public uses will
occur on refuges. The planning process
used to develop CCPs allows the Service
and the public to evaluate management
E:\FR\FM\01OCN1.SGM
01OCN1
]]>Agencies
[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Pages 57138-57143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22978]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2454-08; DHS Docket No. USCIS-2008-0032]
RIN 1615-ZA71
Extension of the Designation of Nicaragua for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, DHS (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces that the Secretary of Homeland Security
has extended the designation of Nicaragua for temporary protected
status (TPS) for 18 months from its current expiration date of January
5, 2009 through July 5, 2010. This Notice also sets forth procedures
necessary for nationals of Nicaragua (or aliens having no nationality
who last habitually resided in Nicaragua) with TPS to re-register with
U.S. Citizenship and Immigration Services (USCIS). Unlike the prior
extension of TPS for Nicaragua, this Notice does not automatically
extend previously-issued employment authorization documents (EADs).
Eligible TPS beneficiaries must apply to USCIS for extensions of their
EADs, and pay the required application fee for such extensions, during
the 60-day registration period. Re-registration is limited to persons
who have previously registered with USCIS for TPS under the designation
of Nicaragua and whose applications have been granted by or remain
pending with USCIS. Certain nationals of Nicaragua (or aliens having no
nationality who last habitually resided in Nicaragua) who have not
previously applied for TPS with USCIS may be eligible to apply under
the late initial registration provisions.
DATES: The extension of the TPS designation of Nicaragua is effective
January 6, 2009, and will remain in effect through July 5, 2010. The
60-day re-registration period begins October 1, 2008, and will remain
in effect until December 1, 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 October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Shelly Sweeney, 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 cases can check Case Status Online available at the USCIS
Web site listed above, or applicants may call the USCIS National
Customer Service 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.
EAD--Employment Authorization Document.
HSA--Homeland Security Act of 2002.
OSC--U.S. Department of Justice Office of Special Counsel for
Immigration Related Unfair Employment Practices.
Secretary--Secretary of Homeland Security.
TPS--Temporary Protected Status.
USCIS--U.S. Citizenship and Immigration Services.
What is Temporary Protected Status?
TPS is an immigration status DHS grants to eligible nationals of
designated countries or part of a designated country. During the period
for which the Secretary of Homeland Security (Secretary) has designated
a country for TPS, TPS beneficiaries are eligible to remain in the
United States and may obtain work authorization. The granting of TPS
does not lead to permanent resident status. When the Secretary
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 obtained while registered for TPS.
What authority does the Secretary of Homeland Security have to extend
the designation of Nicaragua for TPS?
Section 244(b)(1) of the Immigration and Nationality Act (Act), 8
U.S.C.
[[Page 57139]]
1254a(b)(1), authorizes the 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), Pub. L. No.
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,
Sec. 1517).
---------------------------------------------------------------------------
At least 60 days before the expiration of a TPS designation, the
Secretary, after consultations with appropriate agencies of the
government, must review the conditions in a foreign State designated
for TPS to 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. Sections 244(b)(3)(A) and
244(b)(3)(C) of the Act, 8 U.S.C. 1254a(b)(3)(A) and (C). 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, 8 U.S.C. 1254a(b)(3)(B).
The Secretary's determination to designate a country for TPS, or to
extend or terminate such designation, is not subject to judicial
review. Section 244(b)(5) of the Act, 8 U.S.C. 1254a(b)(5)(A).
Why was Nicaragua initially designated for TPS?
On January 5, 1999, the Attorney General published a Notice in the
Federal Register, at 64 FR 526, designating Nicaragua for TPS due to
the devastation resulting from Hurricane Mitch.
When was the TPS designation for Nicaragua extended?
The Attorney General and the Secretary of Homeland Security have
extended the designation for Nicaragua seven times on the basis that
the conditions warranting the January 5, 1999, designation continued to
be met. See 65 FR 30440 (May 11, 2000); 66 FR 23271 (May 8, 2001); 67
FR 22454 (May 3, 2002); 68 FR 23748 (May 5, 2003); 69 FR 64088
(November 3, 2004); 71 FR 16333 (March 31, 2006); 72 FR 29534 (May 29,
2007).
Why is the Secretary extending the TPS designation for Nicaragua
through July 5, 2010?
Over the past year, DHS and the Department of State have continued
to review conditions in Nicaragua. Based on this review, DHS has
determined that an 18-month extension is warranted because there
continues to be a substantial, but temporary, disruption of living
conditions in Nicaragua resulting from Hurricane Mitch and Nicaragua
remains unable, temporarily, to adequately handle the return of its
nationals, as required for TPS designations based on environmental
disasters. Section 244(b)(1)(B) of the Act; 8 U.S.C. 1254a(b)(1)(B).
It is estimated that Hurricane Mitch destroyed or disabled 70
percent of the roads in Nicaragua, severely damaging 71 bridges and
over 1,700 miles of highway. While the Pan-American highway has been
repaired, most secondary roads have not. Temporary structures were
never replaced and have deteriorated, and roads and other
infrastructure that were damaged by the hurricane have been poorly
rebuilt or not rebuilt at all. As of November 2007, Nueva Vida, a
resettlement community of 15,000 people left destitute by Hurricane
Mitch, faced an unemployment rate of approximately 90 percent.
Furthermore, two of the five projects funded by the Inter-American
Development Bank for post-Mitch reconstruction still awaited completion
as of May 2008, including one project implementing sanitation measures
at Lake Managua.
Additionally, since Hurricane Mitch, Nicaragua has been beset by
other economic crises and natural disasters. Hurricane Felix devastated
the Northern Atlantic Autonomous Region and affected neighboring
departments of Nueva Segovia and Jinotega in September 2007. Hurricane
Felix destroyed more than 20,450 homes along with 100 schools, clinics,
community centers, and churches, killed more than 130 people, and
caused an economic loss of approximately $500 million. Tropical
Depression Alma of late May 2008 exacerbated the damage caused by
Hurricanes Felix and Mitch.
Based upon this review, the Secretary has determined, after
consultation with the appropriate government agencies, that the
conditions that prompted the designation of Nicaragua for TPS continue
to be met. See section 244(b)(3)(A) of the Act; 8 U.S.C.
1254a(b)(3)(A). There continues to be a substantial, but temporary,
disruption in living conditions in Nicaragua as the result of an
environmental disaster, and Nicaragua continues to be unable,
temporarily, to adequately handle the return of its nationals. See
section 244(b)(1)(B) of the Act. On the basis of these findings and
determinations, the Secretary concludes that the designation of
Nicaragua for TPS should be extended for an additional 18-month period.
See section 244(b)(3)(C) of the Act, 8 U.S.C. 1254a(b)(3)(C). There are
approximately 3,500 nationals of Nicaragua (or aliens having no
nationality who last habitually resided in Nicaragua) who are eligible
for TPS under this designation.
What actions should qualifying aliens take pursuant to this notice?
To maintain TPS, a national of Nicaragua (or an alien having no
nationality who last habitually resided in Nicaragua) who was granted
TPS and who has not had TPS withdrawn must re-register for TPS during
the 60-day re-registration period from October 1, 2008 until December
1, 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 Nicaragua 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 Nicaragua
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 the designation of Nicaragua for temporary
protected status (TPS) on January 5, 1999, continue to be met. See
section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). Accordingly,
I am extending the TPS designation of Nicaragua for 18 months from
January 6, 2009, through July 5, 2010.
Dated: August 29, 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 Nicaragua for TPS, and would like to maintain them?
Yes. If you already have received TPS benefits through the TPS
designation of Nicaragua, your benefits will expire on January 5, 2009.
All TPS beneficiaries
[[Page 57140]]
must comply with the re-registration requirements, and submit any
associated application fees or applications for waivers of the fees,
described in this Notice in order to maintain TPS benefits through July
5, 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 the 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 July 5, 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.
------------------------------------------------------------------------
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 1. You are re- You must submit a
older. registering for Biometric Service
TPS, or. fee of $80 or a fee
2. You are applying waiver request.
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).
You are younger than 14 1. You are applying You do NOT need to
years of age. for an EAD, or. submit a Biometric
2. You are NOT Service fee.
applying for an
EAD..
------------------------------------------------------------------------
[[Page 57141]]
What edition of the Form I-821 and Form I-765 should I submit?
Only versions of Form I-821 dated October 17, 2007 (Rev. 10/17/07),
or later, will be accepted. Only versions of Form I-765 dated May 27,
2008 (Rev. 5/27/08), 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 reference Table 3 below to see where to mail your specific
application.
Table 3--Application Mailing Directions
------------------------------------------------------------------------
Or, for courier
If Then mail to deliveries, mail to
------------------------------------------------------------------------
You are applying for re- U.S. Citizenship and U.S. Citizenship and
registration or applying to Immigration Immigration
renew your temporary Services, Attn: TPS Services, Attn: TPS
treatment benefits. Nicaragua, P.O. Box Nicaragua, 131 S.
6943, Chicago, IL Dearborn--3rd
60680-6943. Floor, Chicago, IL
60603-5517.
You are applying for the U.S. Citizenship and U.S. Citizenship and
first time as a late Immigration Immigration
initial registrant. Services, Attn: TPS Services, Attn: TPS
Nicaragua, P.O. Box Nicaragua,
8631, Chicago, IL [Additional
60680-8631. Documents] 131 S.
Dearborn--3rd
Floor, Chicago, IL
60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an Immigration Judge or the Board of
Immigration Appeals you must submit evidence of the grant of TPS (such
as an order from the Immigration Judge) with your application. In
addition, when you receive your receipt notice (Form I-797) you will
need to send an e-mail to Tpsijgrant.vsc@dhs.gov that includes the
following information:
Your name;
Your date of birth;
The receipt number for your re-registration;
Your A-number; and
The date you were granted TPS.
Please note that the e-mail address provided above is solely for
re-registration applicants who were granted TPS by Immigration Judges
and by the Board of Immigration Appeals to use to notify USCIS of their
grants of TPS. It is not for individual case status inquiries.
Applicants seeking information about the status of their individual
cases can check Case Status Online available at the USCIS Web site, or
can call the USCIS National Customer Service Center.
Can I file my application electronically?
If you are filing for re-registration and do not need to submit
supporting documentation (see Table 4) 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 4 below to determine if you need to submit supporting
documentation.
Table 4--Who Should Submit Supporting Documentation?
------------------------------------------------------------------------
If Then
------------------------------------------------------------------------
One or more of the questions listed You must submit an explanation, on
in Part 4, Question 2 of Form I- a separate sheet(s) of paper, and/
821 applies to you. or additional documentation must
be provided.
You were granted TPS by an You must include evidence of the
Immigration Judge or the Board of grant of TPS (such as an order
Immigration Appeals. 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 Nicaragua (or an alien who has no nationality
and who last habitually resided in Nicaragua);
(2) Have continuously resided in the United States since December
30, 1998;
(3) Have been continuously physically present in the United States
since January 5, 1999; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the 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 initial designation of TPS (January 5, 1999
to August 20, 1999), 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 reparole; 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 conditions described above. See 8 CFR 244.2(g). All
late initial registration applications for TPS, pursuant to the
designation of Nicaragua, should be submitted to the appropriate
address listed above in Table 3.
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) of the Act; 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, 8 U.S.C. 1254a(c)(2)(B)(i),
as are aliens described in section 208(b)(2)(A) of the Act, 8 U.S.C.
1158(b)(2)(A) (describing bars to asylum). See section
[[Page 57142]]
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
(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. Having been granted TPS does not,
of itself, provide an alien with a basis for seeking lawful permanent
resident status. A TPS beneficiary who wants to become a lawful
permanent resident must qualify for this status based on a family
relationship, employment classification, or other generally available
basis for immigration, and must be otherwise admissible as an
immigrant. The alien may need to go abroad to obtain an immigrant visa,
if the alien is not eligible for adjustment of status. If the alien is
subject to any ground of inadmissibility, the alien would need to
obtain any necessary waiver in order to become a lawful permanent
resident.
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, you will maintain
the same immigration status, if any, that you held prior to obtaining
TPS (unless that status has since expired or been terminated), or any
other status you 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, each alien is
considered to be in, and maintaining, lawful status as a nonimmigrant
during the period in which he or she 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, or 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 alien'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. 1254a(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).
Can nationals of Nicaragua (or aliens having no nationality who last
habitually resided in Nicaragua) who entered the United States after
December 30, 1998, file for TPS?
No. This extension does not expand TPS eligibility to those who are
not currently eligible. To be eligible for benefits under this
extension, nationals of Nicaragua (or aliens having no nationality who
last habitually resided in Nicaragua) must have continuously resided in
the United States since December 30, 1998, and have been continuously
physically present in the United States since January 5, 1999. See
section 244(c)(1) of the Act, 8 U.S.C. 1254a(c)(1), also 64 FR 526
(Jan. 5, 1999).
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 reuse 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 or submit an
appropriately supported fee waiver request. See 8 CFR 244.6. 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.
Failure to appear at an ASC for a required ASC appointment will
result in denial of your case due to abandonment unless you submit an
address change notification (see instructions below) or a rescheduling
request prior to your appointment.
If no further action is required for your case, you will receive a
new EAD by mail valid through July 5, 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 July 5, 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: U.S. Citizenship and
Immigration Services, Change of Address, P.O. 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
[[Page 57143]]
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.
Will my current EAD which is set to expire on January 5, 2009,
automatically be extended for six months?
No. This Notice does not automatically extend previously issued
EADs. DHS is announcing the extension of the TPS designation of
Nicaragua and establishing the re-registration period at an early date
to allow sufficient time for DHS to process EAD requests prior to the
current January 5, 2009 EAD expiration date. You must file both your
Form I-821 and Form I-765 during the 60-day re-registration period.
Failure to apply during the re-registration period without good cause
will result in a withdrawal of your TPS benefits. DHS strongly
encourages you to file as early as possible within the re-registration
period.
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 EADs may only be issued by the
Vermont Service Center.
What documents may I show to my employer as proof of employment
authorization and identity when completing Form I-9?
After January 5, 2009, a TPS beneficiary under TPS for Nicaragua
who has timely re-registered with USCIS as directed under this Notice
and obtained a new EAD may present his or her new valid EAD to his or
her employer as proof of employment authorization and identity.
Employers may not accept previously issued EADs that are no longer
valid. Individuals also may present any other legally acceptable
document or combination of documents listed on the Form I-9 as proof of
identity and employment eligibility.
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 rules
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. Additional information is
available on the OSC Web site at https://www.usdoj.gov/crt/osc/
index.html.
[FR Doc. E8-22978 Filed 9-30-08; 8:45 am]
BILLING CODE 9111-97-P
