AG Extends TPS Designation for Angola

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

AG EXTENDS TPS DESIGNATION FOR ANGOLA
Immigrants' Rights Update, Vol. 16, No. 1, February 28, 2002

The U.S. attorney general has extended for another 12 months Angola's designation as a country whose nationals and residents currently in the United States are eligible for temporary protected status (TPS). First designated on Mar. 29, 2000, TPS for Angola was both extended and redesignated in 2001, and its current designation was due to end on Mar. 29, 2002. Under the extension, only persons who both registered during the initial designation (which ended Mar. 29, 2001) and timely reregistered under the extension, and persons who registered under the redesignation are eligible. In either case, only individuals who have been continuously physically present in and have continuously resided in the U.S. since Apr. 5, 2001, may register for the extension.

TPS is granted to persons from countries that are designated by the AG as experiencing ongoing armed conflict, environmental disaster, or certain other conditions that prevent those persons from returning to their countries of origin. TPS allows individuals to remain and work in the U.S. during the period of TPS designation. In consultation with the State Dept., and after reviewing current country conditions, the AG has determined that the civil war in Angola shows no signs of abating. A recent State Dept. memo reported that the "the conditions under which Angola was designated for TPS have not ceased to exist" and that the situation remains unsafe for the return of Angolan nationals.

To register for the 12-month extension, nationals of Angola (and individuals with no nationality who last habitually resided there) previously granted TPS must apply for it during the reregistration period that began Feb. 1, 2002, and ends Apr. 2, 2002. Such persons need only file Form I-821, Application for TPS, without the $50 filing fee and also submit Form I-765, Application for Employment Authorization. Those who seek work authorization during the extension must also submit the $120 fee with the I-765 form. Applicants who already have work authorization or do not seek it must still file the I-765 but need not pay the fee. Reregistration applicants must also submit two 1½" x 1½" photographs of themselves. Last, since applicants for an extension of TPS need not be refingerprinted, they do not have to pay the $50 fee. However, child beneficiaries of TPS who have reached 14 years of age but were not previously fingerprinted must pay the $50 fingerprint fee with the application for extension.

Under the AG's extension, late initial registration is also possible. To qualify, an individual must

be a national of Angola (or a person with no nationality who last habitually resided in Angola);
have been continuously physically present in the U.S. since Apr. 5, 2001;
have continuously resided in the U.S. since Apr. 5, 2001; and
be both admissible as an immigrant, except as provided under Immigration and Nationality Act section 244(c)(2)(A), and not ineligible under INA section 244(c)(2)(B).

In addition, the applicant must be able to show that during the registration period beginning Apr. 5, 2001, and ending Mar. 29, 2002, he or she

was a nonimmigrant or had been granted voluntary departure or any relief from removal;
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;
was a parolee or had a pending request for reparole; or
was the spouse or child of a person currently eligible to be a TPS registrant.

Eligible persons must file their application for late initial registration within the 60-day period immediately following the expiration or termination of the conditions listed above.

The AG estimates that there are approximately 1,000 nationals of Angola who have been granted TPS and are eligible for reregistration under the extension. At least 60 days prior to Mar. 29, 2003, he will review conditions in Angola and determine whether conditions for TPS continue to be met.

67 Fed. Reg. 4,997-99 (Feb. 1, 2002).