AG Extends TPS Designation for Nationals of Burundi, Sierra Leone, Sudan

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

AG EXTENDS TPS DESIGNATION FOR NATIONALS OF BURUNDI, SIERRA LEONE, SUDAN
Immigrants' Rights Update, Vol. 15, No. 6, Oct. 8, 2001

The attorney general has issued separate notices extending the designations of Burundi, Sierra Leone, and Sudan as countries whose nationals and residents currently in the United States are eligible for temporary protected status (TPS). The attorney general's action marks the fifth consecutive year in which the status has been extended for nationals of those three countries.

TPS is granted to persons from countries that are designated by the attorney general as experiencing ongoing armed conflict, environmental disaster, or certain other conditions that prevent those persons from returning. TPS allows individuals to remain and work in the U.S. during the period of TPS designation. Former Attorney General Janet Reno, on Nov. 4, 1997, originally designated TPS for the three nations because of ongoing armed conflicts. In consultation with the U.S. State Dept., her successor has now determined that extensions for another year are warranted because of the persistence of such conflicts.

The extensions for all three countries will take effect on Nov. 2, 2001, and will remain in effect until Nov. 2, 2002. To obtain TPS under the extensions, nationals of these countries (and individuals of no nationality who last habitually resided in them) must apply for the extension during the reregistration period that began on Aug. 31, 2001, and ends Nov. 29, 2001. Persons previously granted TPS under the Burundi, Sierra Leone, or Sudan program need only file Form I-821 without the fee and also submit Form I-765, Application for Employment Authorization. Those who seek work authorization under the extensions must submit the $100 fee with the I-765 form. Applicants who do not seek work authorization must still file the I-765 but need not pay the fee. In addition, applicants for the extensions of TPS must include two 1½" x 1½" identification photographs. Child beneficiaries of TPS who have reached 14 years of age but were not previously fingerprinted must submit the $25 fingerprinting fee.

Under these extensions, late initial registration is also possible for individuals who did not register during the initial periods of TPS for the three countries that ended on Nov. 3, 1998. To register under this provision, a person must

be able to demonstrate "continuous physical presence" and "continuous residence" in the U.S. since Nov. 9, 1999, and
be admissible as an immigrant, except as otherwise provided under Immigration and Nationality Act section 244(c)(2)(A), and not be ineligible under section 244(c)(2)(B).

An individual who applies for late initial registration must also be able to show that during the registration period beginning Nov. 9, 1999, and ending Nov. 2, 2000, he or she

was a nonimmigrant or had been granted voluntary departure status or any relief from removal;
had an application for change of status, adjustment of status, asylum, voluntary departure, or relief from removal or change of status pending or subject to further review or appeal;
was a parolee or had a pending request for reparole; or
was the spouse or child of an individual currently eligible to register for TPS.

Late initial registration applicants must register no later than 60 days from the expiration or termination of the above-listed conditions. Last, they must follow the same instructions as persons applying for extensions, except late initial registrants must also submit the $50 fee with the Form I-821 as well as a $25 fingerprinting fee.

The AG estimates that there are no more than 1,000 nationals of Burundi, 6,102 of Sierra Leone, and 1,903 of Sudan who have been granted TPS and are eligible for reregistration. At least 60 days prior to Nov. 2, 2002, the AG will review the three countries' TPS designations to determine whether conditions for designation continue to be met.

66 Fed. Reg. 46,027-29 (Burundi), 46,029-31 (Sierra Leone), and 46,031-33 (Sudan) (Nov. 9, 2000).