AG Extends TPS for Nationals of Sierra Leone

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

AG EXTENDS TPS FOR NATIONALS OF SIERRA LEONE
Immigrants' Rights Update, Vol. 16, No. 7, November 22, 2002

The attorney general has extended the temporary protected status (TPS) designation for Sierra Leone. The 12-month extension took effect on Nov. 2, 2002, and will last through Nov. 2, 2003. To maintain their status and work authorization, nationals of Sierra Leone previously granted TPS must reregister during the 60-day period that began on Oct. 31, 2002, and will end on Dec. 30, 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.

Although Sierra Leone's decade-long civil was declared over in Jan. 2002, and the nation has made significant progress towards stability, the broader region continues to be marked by uncertainty. According to the Federal Register notice extending TPS for Sierra Leone, the situation in neighboring Liberia remains unstable (in Oct. 2002, the AG designated Liberia for TPS; see "TPS Newly Designated for Liberia and Extended for Burundi and Sudan," Immigrants' Rights Update, Oct. 21, 2002, p. 2). In addition, various United Nations initiatives intended to transition the country towards peacetime stability have just gotten underway. As a result, despite the AG's consultation with the State Dept. and National Security Council, the complicated picture in Sierra Leone kept him from determining whether the country continues to meet the INA's standards for TPS extension. Accordingly, because he did not make the determination by the time prescribed by statute (i.e., 60 days before the termination of the original designation), the present extension is automatic. The AG exercised discretion to lengthen the automatic extension from the usual six months to one year, "to allow a sufficient period of time to monitor further developments."

To reregister for TPS under the extension for Sierra Leone, 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.

Some nationals of Sierra Leone 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 Sierra Leone (or a person with no nationality who last habitually resided in Sierra Leone);
have been "continuously physically present" in the U.S. since Nov. 9, 1999;
have continuously resided in the U.S. since Nov. 9, 1999;
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), 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.

At least 60 days before this extension's termination on Nov. 2, 2003, the AG will review the conditions in Sierra Leone and determine whether conditions for TPS designation continue to be met. He estimates that there are approximately 2,209 nationals of Sierra Leone who currently receive TPS benefits and are eligible for the extension.

67 Fed. Reg. 66,423-25 (Oct. 31, 2002).