DHS Secretary Extends TPS For Nationals Of Montserrat Another 12 Months

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

DHS SECRETARY EXTENDS TPS FOR NATIONALS OF MONTSERRAT ANOTHER 12 MONTHS
Immigrants' Rights Update, Vol. 17, No. 4, July 15, 2003

The secretary of Homeland Security has published a notice in the Federal Register extending the designation of Montserrat as a country whose nationals and residents currently in the United States qualify for temporary protected status (TPS). The designation, which had been due to expire on Aug. 27, 2003, will be in effect until Aug. 27, 2004. A 60-day reregistration period began July 1, 2003, and will remain in effect until Sept. 2, 2003.

TPS is granted to persons in the U.S. from countries that are designated because they are experiencing armed conflict, environmental disaster, or certain other conditions that prevent the return of their nationals. TPS allows individuals to remain and work in the U.S. during the period of TPS designation. The attorney general first designated TPS for Montserrat in Aug. 1997, due to volcanic eruptions affecting the entire island. The authority to make TPS designations was transferred to the secretary of Homeland Security as part of the legislation creating that department, and the secretary has now decided to extend the designation for Montserrat for a further twelve months. The notice explains that current conditions in the country justify the continuing designation of Montserrat.

To register for the extension, nationals of Montserrat (and individuals of no nationality who last habitually resided in the country) previously granted TPS must apply for it during the registration period that began on July 1, 2003, and ends on Sept. 2, 2003. Such persons need only file Form I-821, Application for Temporary Protected Status (without the filing fee), Form I-765, Application for Employment Authorization, and two identification photographs (1½” x 1½”). The applications must be submitted to the Bureau of Citizenship and Immigration Services (BCIS) district office having jurisdiction over the applicant’s place of residence. Applicants who seek work authorization under the extension must submit the $120 filing fee or a fee waiver request with the Form I-765; those who do not need work authorization must still submit Form I-765, but without the fee. Applicants who previously registered for TPS and were fingerprinted do not need to be refingerprinted and do not need to submit the $50 fingerprinting fee. Prior registrants who were not previously fingerprinted because they were under 14 years of age but who now must be fingerprinted also must pay this fee.

Late initial registration is also available under the extension. In order to apply, an applicant must:

• be a national of Montserrat (or a person with no nationality who last habitually resided in the country);
• have been continuously physically present in the U.S. since Aug. 28, 1997;
• have continuously resided in the U.S. since Aug. 22, 1997; and
• be admissible as an immigrant, except as otherwise provided under Immigration and Nationality Act sec. 244(c)(2)(A), and not ineligible under INA sec. 244(c)(2)(B). Each applicant for late initial registration must also be able to show that, during the registration period beginning Aug. 28, 1997, and ending Aug. 27, 1998, 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 pending or subject to further review or appeal;
• was a parolee or had a request for reparole pending; or
• was the spouse or child of an individual currently eligible to be a TPS registrant.

68 Fed. Reg. 39,106–09 (July 1, 2003).