TPS Extended And Redesignated For Sudan, And Extended For Burundi

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

TPS extended and redesignated for Sudan, and extended for Burundi
Immigrants' Rights Update, Vol. 18, No. 7, November 8, 2004

The secretary of Homeland Security has published notices in the Federal Register extending the designations of Sudan and Burundi as countries whose nationals and former residents currently in the United States are eligible for temporary protected status (TPS); and he has redesignated Sudan for TPS, so that nationals and former residents of Sudan who have not previously been granted TPS may apply for it now.

The current TPS programs for people from Sudan and Burundi, both of which were due to expire on Nov. 2, 2004, have been extended to Nov. 2, 2005. The 60-day reregistration period for both programs (for people who have already been granted TPS) began Oct. 7, 2004, and will remain in effect until Dec. 6, 2004. The redesignation of Sudan for TPS is effective from Nov. 2, 2004, until Nov. 2, 2005. To be granted benefits under the redesignation, nationals of Sudan and persons of no nationality who last habitually resided there must register for TPS during a 6-month registration period that began on Oct. 7, 2004, and will end on Apr. 5, 2005.

The attorney general first designated Sudan and Burundi for TPS in Nov. 1997 because of ongoing armed conflict in each country. The attorney general extended the designation for each country in Nov. 1998, and in Nov. 1999 the attorney general redesignated each country for TPS, which allowed persons from Sudan and Burundi who arrived in the U.S. after Nov. 1997 to apply for TPS. Since then, the designations of each country have been renewed annually.

The current notice regarding Sudan explains that armed conflict related to Sudan’s 20-year-old north-south civil war, which has killed about 2 million people and displaced over 5 million, continues. In addition, tens of thousands of Sudanese have been killed by armed conflict in the western region of Darfur and about 1 million have been displaced. According to the Federal Register notice, “Reports of killings, rapes, beatings, looting and burning of property throughout the Darfur region continue.”

In Burundi, armed conflict among government forces and at least two different rebel groups continues to kill or displace hundreds of thousands of people. All the warring parties continue to violate the human rights of the civilian population, and nearly 14 percent of Burundi’s population needs emergency food and agricultural assistance, according to the Federal Register notice.

The Immigration and Nationality Act authorizes the secretary of Homeland Security to grant TPS to individuals in the U.S. 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 people of no nationality who last habitually resided in a country whose nationals are eligible for TPS. The Dept. of Homeland Security (DHS) estimates that there are 449 persons from Sudan who have been granted TPS and are eligible for reregistration, and that there are fewer than 1,500 people from Sudan who may be eligible to apply for TPS under the redesignation. The DHS estimates that about 19 people from Burundi are eligible to reregister for TPS.

To reregister for TPS, nationals and former residents of Sudan and Burundi who already have TPS must file the following during the 60-day registration period (Oct. 7–Dec. 6, 2004): (1) Form I‑821, Application for Temporary Protected Status (without the filing fee); (2) Form I‑765, Application for Employment Authorization; (3) two identification photographs (“full face frontal, 2 inches x 2 inches”); and (4) a “biometrics fee” of $70 for each applicant 14 years old or older.

All people seeking to reregister must be refingerprinted, hence each applicant over age 14 must submit the $70 biometrics services fee. Applicants who seek work authorization under the extensions of TPS for Sudanese and Burundians 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 must submit their applications to the U.S. Citizenship and Immigration Services (USCIS) district office that has jurisdiction over the applicant’s place of residence.

“Late initial registration” is also available under the extension for Burundi. In order to apply for late initial registration, a person must:

be a national of Burundi (or a person with no nationality who last habitually resided there);
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 registration period for the initial designation (from Nov. 4, 1997, to Nov. 3, 1998) or during the registration period for the redesignation (Nov. 4, 1999, through Nov. 3, 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.

To be eligible for TPS under the redesignation for Sudan, an applicant must

be a national of Sudan, or have no nationality and have last habitually resided in Sudan;
have been continuously physically present in the U.S. since Oct. 7, 2004;
have continuously resided in the United States since Oct. 7, 2004;
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 Oct. 7, 2004, and Apr. 5, 2005.

To apply for TPS under the redesignation for Sudan, 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 (“full face frontal,” 2 inches x 2 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) for each applicant over 14 years of age.

An applicant must file the forms with the USCIS district 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, http://uscis.gov, or by calling the USCIS National Customer Service Center at 1-800-375-5283. Application forms may be obtained from the USCIS website, from local USCIS offices, or by contacting the USCIS Forms Line: 1-800-870-3676.

69 FR 60168–72 (Oct. 7, 2004) (Sudan);
69 FR 60165–68 (Oct. 7, 2004) (Burundi).