TPS Extended for Montserrat and Somalia

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

TPS EXTENDED FOR MONTSERRAT AND SOMALIA
Immigrants' Rights Update, Vol. 16, No. 5, September 10, 2002

In two separate notices, Attorney General John Ashcroft has extended temporary protected status (TPS) for an additional year to nationals of Montserrat and Somalia. The designation for Somalis is effective from Sept. 17, 2002, until Sept. 17, 2003, and the effective period for nationals of Montserrat is from Aug. 27, 2002, until Aug. 27, 2003. To maintain TPS and work authorization, nationals of either country must reregister during a designated 60-day period. For nationals of Montserrat, that period began on July 17, 2002, and ends on Sept. 16, 2002. For Somalis, the period runs from July 26, 2002, until Sept. 24, 2002.

The Immigration and Nationality Act authorizes the attorney general to grant TPS to individuals in the United States who are nationals of countries that are experiencing armed conflict, environmental disaster, or other extraordinary and temporary adverse conditions. TPS may also be granted to individuals of no nationality who last habitually resided in a country whose nationals are eligible for TPS. The attorney general has determined that because civil conflict continues in Somalia and hazardous volcanic activity persists in Montserrat, extensions of TPS are warranted for eligible people from both countries. The attorney general estimates that there are 327 nationals of Montserrat and 250 nationals of Somalia who are eligible for reregistration.

To reregister for the extension, applicants must submit the following:

Form I-821 (without the $ 50 filing fee);
Form I-765 (Application for Employment Authorization); and
two identification photographs (1 ½" x 1 ½").

All applicants must file both forms with the local Immigration and Naturalization Service district office that has jurisdiction over the their place of residence. If the applicant wishes only to reregister and does not want work authorization, a filing fee is not required. However, all applicants seeking an extension of work authorization must submit the $120 filing fee, or a fee waiver request and affidavit, with the work authorization application (for waiver requirements, see 8 C.F.R. § 244.20). Information concerning the extensions may be obtained through the INS National Customer Service Center at 800-375-5283, or from the INS web site, www.ins.usdoj.gov.

Applicants for an extension of TPS do not need to submit new fingerprints or the accompanying $50 fee. Children who are TPS beneficiaries and who have reached the age of 14 but were not previously fingerprinted must pay the $50 fingerprint fee with their application for extension.

TPS registrants who need to travel outside the U.S. during the coming year must receive "advance parole" from their local INS office prior to departing the country. Failure to do so may jeopardize their ability to return to the U.S. Advance parole allows individuals to travel abroad and return to the U.S. and is issued on a case-by-case basis. Individuals who are granted TPS may apply for advance parole by filing Form I-131 at their local INS district office. However, individuals who have accrued more than 180 days of unlawful presence in the U.S. should not travel abroad because even with advance parole they will be subject to the 3- or 10-year "unlawful presence" bars to admission when they seek to return to the U.S.

Some nationals of Montserrat or Somalia may qualify for late initial registration for TPS under 8 C.F.R. section 244.2(f)(2). To apply for late initial registration, applicants must

be a national of the designated country;
have been "continuously physically present" in the U.S. since the original designation (Aug. 28, 1997, for Montserrat, Sept. 4, 2001, for Somalia);
have continuously resided in the U.S. since Aug. 22, 1997 (for Montserrat), or Sept. 4, 2001 (for Somalia);
be admissible as an immigrant except as provided under INA section 244(c)(2)(A); and
not be ineligible under INA section 244(c)(2)(B) (i.e., they must not have committed a felony and two misdemeanors in the U.S. nor be ineligible for admission under INA section 208(b)(2), which bars persecutors of others, persons who have committed certain crimes, and persons deemed security risks).

An applicant for late initial registration must also show that during the initial registration period (Aug. 28, 1997, through Aug, 27, 1998, for Montserrat; Sept. 4, 2001, through Sept. 17, 2002, for Somalia), 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 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 an extension; or
was the spouse or child of an individual who is currently eligible to be a TPS registrant.

An applicant for late initial registration must enroll no later than 60 days from the expiration or termination of the conditions listed above.

67 Fed. Reg. 47,002–04 (Jul. 17, 2002) (Montserrat); 67 Fed. Reg. 48,950–51 (Aug. 5, 2002) (Somalia).