TPS Extended For Nationals Of Burundi And Sudan

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

TPS EXTENDED FOR NATIONALS OF BURUNDI AND SUDAN
Immigrants' Rights Update, Vol. 17, No. 6, October 2003

The secretary of Homeland Security has published notices in the Federal Register extending for 12 months the designations of Burundi and Sudan as countries whose nationals and residents currently in the United States qualify for temporary protected status (TPS). The designations of Burundi and Sudan, both of which were due to expire on Nov. 2, 2003, now will be in effect until Nov. 2, 2004. A 60-day reregistration period for each program began Sept. 3, 2003, and will remain in effect until Nov. 3, 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 U.S. attorney general first designated Burundi and Sudan for TPS in Nov. 1997 based upon ongoing armed conflict occurring within those two countries, redesignated each country for TPS in Nov. 1999 (to allow later-arriving persons to apply for relief), and subsequently extended the designations each year.

On Mar. 1, 2003, 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 designations for Burundi and Sudan for a further 12 months. The notice regarding Burundi explains that, in that country, "The conflict between the government forces and rebel groups continues unabated in many areas . . . . Rebel attacks on the military are followed by army reprisals against civilians suspected of cooperating with the insurgents. Rebels reportedly often kill persons for suspected collaboration with the government and for their refusal to pay 'taxes' to the rebels." The current notice extending the designation for Sudan explains that "civil war continues to endanger thousands of Sudanese civilians" and thus to justify the extension of the TPS designation.

To register for the 12-month extension, nationals of either Burundi or Sudan (and individuals of no nationality who last habitually resided in either Burundi or Sudan) previously granted TPS must reregister during the registration period that began on Sept. 3, 2003, and ends on Nov. 3, 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 inches by 1½ inches). Applicants who seek work authorization under these extensions 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.

Applicants for either the Burundian or the Sudanese TPS extension must submit their applications to the BCIS district office that has jurisdiction over their place of residence.

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

Be a national of Burundi or Sudan (or a person with no nationality who last habitually resided in one of these countries);
Have been continuously physically present in the U.S. since Nov. 9, 1999;
Have continuously resided in the U.S. since Nov. 9, 1999; 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 initial registration period (from Nov. 4, 1997, to Nov. 3, 1998) or during the registration period for the redesignation (Nov. 9, 1999, to 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 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. 52405-07 (Sept. 3, 2003) (Burundi);
68 Fed. Reg. 52410-12 (Sept. 3, 2003) (Sudan).