TPS Simultaneously Terminated And Redesignated For Liberia

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

TPS simultaneously terminated and redesignated for Liberia
Immigrants' Rights Update, Vol. 18, No. 6, September 21, 2004

The secretary of Homeland Security has terminated the current designation of Liberia as a country whose nationals (and people of no nationality who last habitually resided there) are eligible for temporary protected status (TPS), but he simultaneously has redesignated Liberia for TPS. The TPS of Liberians who have the status under the current program will end on Oct. 1, 2004, according to the Federal Register notice announcing the decision. The redesignation for Liberia is effective from Oct. 1, 2004, until Oct. 1, 2005, but in order to benefit from it, current Liberia TPS–holders will have to submit a new TPS application.

According to the Federal Register notice’s supplementary information, the secretary of Homeland Security is terminating the current TPS program because Liberia’s civil war has ended and therefore “the conditions that prompted designation of Liberia for TPS are no longer met.” He has redesignated Liberia for TPS, however, because “the damage caused by the civil war has led to extraordinary and temporary conditions in Liberia that prevent the safe return” of Liberians to their country.

To be granted benefits under the new TPS program, nationals of Liberia and persons of no nationality who last habitually resided there must register for TPS during a six-month registration period that began on Aug. 25, 2004, and will end on Feb. 21, 2005.

The Immigration and Nationality Act authorizes the secretary of Homeland Security 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 also may be granted to individuals of no nationality who last habitually resided in a country whose nationals are eligible for TPS. The Dept. of Homeland Security estimates that there are 3,792 persons from Liberia who are eligible for TPS under the “redesignation” program.

To be eligible for TPS under the redesignation 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 United States” since Aug. 25, 2004;
have “continuously resided in the United States” since Oct. 1, 2002;
be admissible as an immigrant except as provided under INA sec. 244(c)(2)(A);
not be ineligible under INA sec. 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 Aug. 25, 2004, and Feb. 21, 2005.

To register for TPS under the redesignation, an applicant must submit

Form I‑821 (Application for Temporary Protected Status) 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 CFR sec. 244.9; and
a $70 “biometrics fee” (for fingerprinting), unless the applicant is under 14 years of age.

An applicant must file the forms with the U.S. Citizenship and Immigration Services office that has jurisdiction over the applicant’s place of residence. If the applicant wishes only to register for TPS and does not want employment authorization, he or she must still submit Form I‑765 but need not pay the $175 filing fee. Applicants seeking employment authorization who cannot pay the filing fee can submit a fee waiver request and affidavit with the employment authorization application (for waiver requirements, see 8 CFR sec. 244.20).

According to the Federal Register notice’s supplementary information, “An interim employment authorization document will not be issued to an applicant unless the Form I‑765, as part of the TPS registration package, has been pending with [USCIS] more than 90 days after all requested initial evidence has been received, including collection of the applicant’s fingerprints at an Application Support Center.”

Information concerning TPS is available at the USCIS website, www.uscis.gov, or by calling the USCIS National Customer Service Center at 1-800-375-5283. Applicants may obtain forms from the USCIS website or by contacting the USCIS Forms Line: 1-800-870-3676.

69 FR 52297–99 (Aug. 25, 2004).