TPS Extended For Somalia

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

TPS extended for Somalia
Immigrants' Rights Update, Vol. 18, No. 6, September 21, 2004

The secretary of Homeland Security has published a notice in the Federal Register extending the designation of Somalia as a country whose nationals and former residents currently in the United States qualify for temporary protected status (TPS). The TPS program for people from Somalia, which was due to expire on Sept. 17, 2004, has been extended to Sept. 17, 2005. The 60-day reregistration period for Somalian TPS began Aug. 6, 2004, and will remain in effect until Oct. 5, 2004.

The attorney general first designated Somalia for TPS in Sept. 1991 because of ongoing armed conflict there. Subsequently, the designation was extended annually, and in Sept. 2001 the attorney general redesignated the country for TPS, which allowed persons from Somalia who arrived in the U.S. after Sept. 1991 to apply for TPS. The current notice extending the designation for Somalia explains that it has been 13 years since Somalia has had a functioning central government, that fighting continues there between rival clans and factions, and that many Somalis have limited access to food as a result of disrupted agriculture and drought. In addition, “Somalia currently lacks the institutions [necessary] to address the demands of a large volume of returnees from the United States.”

To register for the extension, nationals of Somalia (and individuals of no nationality who last habitually resided there) previously granted TPS must apply during the 60-day registration period. They 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”).

Applicants who seek work authorization under the extension must submit the $175 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 $70 “biometric services” fee. However, prior registrants who were not previously fingerprinted because they were under 14 years of age but who now must be fingerprinted must pay this latter fee.

Applicants must submit their applications to the BCIS district office that has jurisdiction over the applicant’s place of residence.

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

be a national of Somalia (or a person with no nationality who last habitually resided there);
have been continuously physically present in the U.S. since Sept. 4, 2001;
have continuously resided in the U.S. since Sept. 4, 2001; 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 for the initial designation (from Sept. 16, 1991, to Sept. 16, 1992) or during the registration period for the redesignation (Sept. 4, 2001, through Sept. 17, 2002), 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.

69 FR 47937–40 (Aug. 6, 2004).