67404 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Notices

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2096–00; AG Order No. 2330–2000]

RIN 1115 AE–26

Extension of Designation of Burundi

Under the Temporary Protected Status

Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: The designation of Burundi

under the Temporary Protected Status

(TPS) program expired on November 2,

2000. This notice extends the Attorney

General’s designation of Burundi under

the TPS program for 12 months until

November 2, 2001, and sets forth

procedures necessary for nationals of

Burundi (or aliens having no nationality

who last habitually resided in Burundi)

with TPS to register for the additional

12-month period. Eligible nationals of

Burundi (or aliens having no nationality

who last habitually resided in Burundi)

may re-register for TPS and an extension

of employment authorization. Reregistration is limited to persons who

registered during the initial registration

period, which ended on November 3,

1998, who registered under the

redesignation, which ended November

2, 2000, or who registered under the late

initial registration provisions. Nationals

of Burundi (or aliens having no

nationality who last habitually resided

in Burundi) who are eligible for late

initial registration may register for TPS

during this extension.

EFFECTIVE DATES: The extension of the

TPS designation for Burundi is effective

November 2, 2000, and will remain in

effect until November 2, 2001. The 30-

day re-registration period begins

November 9, 2000, and will remain in

effect until December 11, 2000.

FOR FURTHER INFORMATION CONTACT:

Rebecca K. Peters, Residence and Status

Services Branch, Adjudications,

Immigration and Naturalization Service,

Room 3214, 425 I Street, NW,

Washington, DC 20536, telephone (202)

514–4754.

SUPPLEMENTARY INFORMATION:

What Is the Statutory Authority for the

Attorney General To Extend Burundi’s

TSP Designation Under the TPS

Program?

Section 244(b)(3)(A) of the

Immigration and Nationality Act (Act)

states that at least 60 days before the

end of an extension or a designation, the

Attorney General must review

conditions in the foreign state for which

the designation is in effect. 8 U.S.C.

1254a(b)(3)(A). If the Attorney General

determines that the foreign state

continues to meet the conditions for

designation, the period of designation is

extended pursuant to section

244(b)(3)(C) of the Act. 8 U.S.C.

1254a(b)(3)(C). With respect to Burundi,

such an extension makes TPS available

only to persons who have been

continuously physically present since

November 9, 1999, and have

continuously resided in the United

States from November 9, 1999.

Why Did the Attorney General Decide

To Extend the TPS Designation for

Burundi?

On November 4, 1997, the Attorney

General designated Burundi for TPS for

a period of 12 months (62 FR 59735).

Since that date, the Departments of State

and Justice have annually reviewed

conditions within Burundi, with the

Attorney General extending the

designation in 1998 (63 FR 59334), and

extending the designation and

redesignating Burundi in 1999 (64 FR

61123).

The Departments of State and Justice

have recently reviewed conditions

within Burundi. The review resulted in

a consensus that a further 12-month

extension is warranted. The State

Department, in a recent memorandum,

explained the reasons for extension,

stating: ‘‘While negotiations yielded a

framework for peace in August 2000, no

cease-fire is in effect. Considerable

ethnic violence and deep divisions over

the distributions of power continue. In

addition, the widening war in

[Democratic Republic of Congo] has

effectively pulled in Burundi * * *.

Burundi is insecure throughout, and the

prospects for real peace in the near

future are uncertain.’’ Based on this

year’s review, the Attorney General

finds that conditions are Burundi

warrant a 12-month extension of the

designation of Burundi under section

244(b)(3)(C) of the Act. 8 U.S.C.

1254a(b)(3)(C). Because the Attorney

General did not determine, at least 60

days before the end of the designation

period, that the conditions in Burundi

no longer warrant TPS, the designation

was automatically extended six months

by operation of statute on November 2,

2000. 8 U.S.C. 1254a(b)(3)(C). On the

basis of the most recent findings,

however, the Attorney General finds

that the TPS designation for Burundi

should be extended for an additional 12-

month period, rather than the six month

period resulting from the automatic

extension.

If I Currently Have TPS Through the

Burundi TPS Program, Do I Still Need

To Register for an Extension and How

Do I Do So?

If you have already been granted TPS

through the Burundi TPS Program, your

TPS expired on November 2, 2000.

Persons previously granted TPS under

the Burundi program may apply for an

extension by filing a Form I–821,

Application for Temporary Protected

Status, without the fee, during the reregistration period that begins

November 9, 2000 and ends December

11, 2000. Additionally, you must file a

Form I–765, Application for

Employment Authorization. To

determine whether or not you must

submit the one-hundred dollar ($100)

filing fee with the Form I–765, see the

chart below.

If . . . Then . . .

You are applying for employment authorization until November 2, 2001 You must complete and file the Form I–765, Application for Employment Authorization, with the one-hundred dollar ($100) fee.

You have employment authorization until November 2, 2001, or do not

require employment authorization.

You must complete and file the Form I–765, Application for Employment Authorization, with no fee.

You are applying for employment authorization and are requesting a

fee waiver.

You must complete and file Form I–765 and a fee waiver request and

affidavit (and any other information) in accordance with 8 CFR

244.20.

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Notices 67405

To re-register for TPS, you must also

include two identification photographs

(11⁄2′′ × 11⁄2′′).

Where Must I File for an Extension of

TPS?

Nationals of Burundi (or aliens who

have no nationality and who last

habitually resided in Burundi) seeking

to register for the extension of TPS must

submit an application and

accompanying materials to the

Immigration and Naturalization Service

(Service) district office that has

jurisdiction over the applicant’s place of

residence.

When Must I File for an Extension of

TPS?

The 30-day re-registration period

begins November 9, 2000, and will

remain in effect until December 11,

2000.

How Does an Application for TPS Affect

My Application for Asylum and Other

Immigration Benefits?

An application for TPS does not affect

an application for asylum or any other

immigration benefit. A national of

Burundi (or alien having no nationality

who last habitually resided in Burundi)

who is otherwise eligible for TPS and

has applied for, or plans to apply for,

asylum, but who has not yet been

granted asylum or withholding of

removal, may also apply for TPS. Denial

of an application for asylum or any

other immigration benefit does not

affect an applicant’s ability to register

for TPS, although the grounds of denial

may also be grounds of denial for TPS.

For example, a person who has been

convicted of a particularly serious crime

is not eligible for asylum or TPS. 8

U.S.C. 1158(b)(2); 8 U.S.C.

1254a(c)(2)(B).

Does This Extension Allow Nationals of

Burdundi (or Aliens Having No

Nationality Who Last Habitually

Resided in Burdundi) Who Entered the

United States After November 9, 1999,

To File for TPS?

No. This is a notice of an extension of

the TPS designation for Burundi, not a

notice of redesignation for Burundi for

TPS. An extension of TPS does not

change the required dates of continuous

residence and continuous physical

presence in the United States and does

not expand TPS availability to include

nationals of Burundi (or aliens having

no nationality who last habitually

resided in Burundi) who arrived in the

United States after the date of the most

recent redesignation, in this case,

November 9, 1999.

Is Late Initial Registration Possible?

Yes. In addition to timely reregistration, late initial registration is

possible for some persons from Burundi

under 8 CFR 244.2(f)(2). To apply for

late initial registration an applicant

must:

(1) Be a national of Burundi (or an

alien who has no nationality and who

last habitually resided in Burundi);

(2) Have been continuously physically

present in the United States since

November 9, 1999;

(3) Have continuously resided in the

United States since November 9, 1999;

and

(4) Be admissible as an immigrant,

except as otherwise provided under

section 244(c)(2)(A) of the Act, and not

ineligible under section 244(c)(2)(B) of

the Act.

Additionally, the applicant must be

able to demonstrate that, during the

registration period from November 9,

1999, through November 2, 2000, he or

she:

(1) Was a nonimmigrant or had been

granted voluntary departure status or

any relief from removal,

(2) Had an application for change of

status adjustment of status, asylum,

voluntary departure or any relief from

removal or change of status pending or

subject to further review or appeal,

(3) Was a parolee or had a pending

request for reparole, or

(4) Was the spouse or child of an alien

currently eligible to be a TPS registrant.

8 CFR 244.2(f)(2).

An applicant for late initial

registration must register no later than

sixty (60) days from the expiration or

termination of the conditions described

above. 8 CFR 244.2(g).

Notice of Extension of Designation of

Burundi Under the TPS Program

By the authority vested in me as

Attorney General under section

244(b)(3)(A) and (C), and (b)(1) of the

Act, I have consulted with the

appropriate Government agencies

concerning whether the conditions

under which Burundi was designated

for TPS continue to exist. As a result, I

determine that the conditions for the

original designation of TPS for Burundi

continue to be met. 8 U.S.C.

1254a(b)(3)(A). Accordingly, I order as

follows:

(1) The designation of Burundi under

section 244(b) of the Act is extended for

an additional 12-month period from

November 2, 2000, until November 2,

2001. 8 U.S.C. 1254a(b)(3)(C).

(2) I estimate that there are

approximately 1,000 nationals of

Burundi (or aliens who have no

nationality and who last habitually

resided in Burundi) who have been

granted TPS and who are eligible for reregistration.

(3) In order to be eligible for TPS

during the period from November 2,

2000, to November 2, 2001, a national

of Burundi (or an alien who has no

nationality and who last habitually

resided in Burundi) who has already

received a grant of TPS under the

Burundi TPS designation or who is

eligible to file under the late filing

provision of 8 CFR 244.2(f)(2) must

register for TPS by filing a new

Application for Temporary Protected

Status, Form I–821, along with an

Application for Employment

Authorization, Form I–765, within the

30-day period beginning on November

9, 2000 and ending on December 11,

2000. Late registration will be allowed

only for good cause shown pursuant to

8 CFR 244.17(c).

(4) Pursuant to section 244(b)(3)(A) of

the Act, the Attorney General will

review, at least 60 days before

November 2, 2001, the designation of

Burundi under the TPS program to

determine whether the conditions for

designation continue to be met. 8 U.S.C.

1254a(b)(3)(A). Notice of that

determination, including the basis for

the determination, will be published in

the Federal Register. 8 U.S.C.

1254a(b)(3)(A).

(5) Information concerning the TPS

program for nationals of Burundi (or

aliens who have no nationality and who

last habitually resided in Burundi) will

be available at local Service offices upon

publication of this notice.

Dated: November 2, 2000.

Janet Reno,

Attorney General.

[FR Doc. 00–28749 Filed 11–8–00; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2095–00; AG Order No. 2332–2000]

RIN 1115–AE 26

Extension of Designation of Sierra

Leone Under the Temporary Protected

Status Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: The designation of Sierra

Leone under the Temporary Protected

Status (TPS) program expired on

November 2, 2000. This notice extends

the Attorney General’s designation of