TPS Newly Designated for Liberia and Extended for Burundi and Sudan

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

TPS NEWLY DESIGNATED FOR LIBERIA AND EXTENDED FOR BURUNDI AND SUDAN
Immigrants' Rights Update, Vol. 16, No. 6, October 21, 2002

In three separate notices, Attorney General John Ashcroft has announced the new designation of temporary protected status (TPS) for Liberia and an extension of TPS designation for an additional year for Burundi and Sudan. The designation for Liberia is effective from Oct. 1, 2002, until Oct. 1, 2003; the extension of TPS for nationals of Burundi and Sudan is effective from Nov. 2, 2002, until Nov. 2, 2003. To maintain TPS and work authorization, nationals of Burundi and Sudan must reregister during a designated 60-day period that commenced on Aug. 30, 2002, and will end on Oct. 29, 2002. Nationals of Liberia must register for TPS during a six-month registration period that began on Oct. 1, 2002, and will end on Apr. 1, 2003.

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 there is an armed conflict in Liberia that warrants TPS designation for the country. He has also determined that continuing civil war in Burundi and Sudan requires extensions of TPS for both countries. The attorney general estimates that there are between 15,000 and 20,000 nationals of Liberia who are eligible for TPS, and 13 nationals of Burundi and 552 nationals of Sudan who are eligible for reregistration under these extensions.

To be eligible for TPS under the new designation for Liberia, an applicant must

be a national of Liberia, or have no nationality and have last habitually resided in Liberia;
have been "continuously physically present" in the U.S. since Oct. 1, 2002;
have continuously resided in the U.S. since Oct. 1, 2002;
be admissible as an immigrant except as provided under INA section 244(c)(2)(A);
not be ineligible under INA section 244(c)(2)(B) (i.e., must not have committed a felony and two misdemeanors in the U.S. or be ineligible for admission under INA section 208(b)(2), which bars persecutors of others, persons who have committed certain crimes, and security risks); and
must apply for TPS between Oct. 1, 2002 and Apr. 1, 2003.

To register for TPS under the new designation, an applicant must submit

Form I-821 (with the $ 50 filing fee);
Form I-765 (Application for Employment Authorization);
two identification photographs (1½ x 1½ inches);
supporting evidence of identity, nationality, and proof of residence, as provided in 8 C.F.R. section 244.9; and
a $50 fee for fingerprinting, unless the applicant is under 14 years of age.

An applicant must file the forms with the local Immigration and Naturalization Service district office that has jurisdiction over the applicant's place of residence. If the applicant wishes only to register for TPS and does not want work authorization, he or she must still submit Form I-765 but need not pay the $120 filing fee. Applicants seeking employment authorization who cannot pay the filing fee can submit a fee waiver request and affidavit with the work authorization application (for waiver requirements, see 8 C.F.R. section 244.20).

The notice for Liberia states that many Liberians currently in the U.S. have deferred enforced departure (DED) status, but this status expired on Sept. 29, 2002. Thus, "Liberians who have no other lawful immigration status, but who wish to remain and work in the U.S. after Sept. 29, 2002, should apply for TPS benefits."

Information concerning the TPS program for nationals of Liberia may be obtained through the INS National Customer Service Center at 800-375-5283 (TTY: 800-767-1833), or from the INS web site at www.ins.usdoj.gov.

To reregister for TPS under the extensions for Burundi and Sudan, 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").

An applicant must file both forms with the local INS district office that has jurisdiction over the applicant's 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. section 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 at 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 be allowed back into the U.S. Advance parole, which allows non-U.S. citizens to travel abroad and return to the U.S., 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 Burundi, Liberia, or Sudan may qualify for late initial registration for TPS under 8 C.F.R. section 244.2(f)(2). To apply for late initial registration, an applicant must

be a national of the designated country;
have been "continuously physically present" in the U.S. since the start of the original designation period (Nov. 9, 1999, for Burundi and Sudan, Oct. 1, 2002, for Liberia);
have continuously resided in the U.S. since Nov. 9, 1999 (for Burundi or Sudan), or Oct. 1, 2002 (for Liberia);
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. or be ineligible for admission under INA section 208(b)(2), which bars persecutors of others, persons who have committed certain crimes, and security risks).

An applicant for late initial registration must also show that during the initial registration period (Nov. 9, 1999, through Nov. 2, 2000, for Burundi and Sudan; Oct. 1, 2002, through Apr. 1, 2003, for Liberia), 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 termination of the conditions described above.

67 Fed. Reg. 55,875-77 (Aug. 30, 2002) (Burundi);
67 Fed. Reg. 55,877-79 (Aug. 30, 2002) (Sudan);
67 Fed. Reg. 61,664-67 (Oct. 1, 2002) (Liberia).