Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52429 

Burundi (or aliens having no nationality 

who last habitually resided in Burundi) 

must have been continuously physically 

present in the United States and must 

have continuously resided in the United 

States since November 9, 1999. 

Are Certain Aliens Ineligible for TPS? 

Yes. There are certain criminal and 

terrorism-related inadmissibility 

grounds that render an alien ineligible 

for TPS. 8 U.S.C. 1254a(c)(2)(A)(iii). 

Further, aliens who have been convicted 

of any felony, or two or more 

misdemeanors, committed in the United 

States are ineligible for TPS under 

section 244(c)(2)(B) of the Act, 8 U.S.C. 

1254a(c)(2)(B), as are aliens described in 

the bars to asylum in section 

208(b)(2)(A) of the Act, 8 U.S.C. 

1158(b)(2)(A). 

What Is Late Initial Registration? 

Some aliens who did not file for TPS 

during the initial registration period 

may be eligible for late initial 

registration under 8 U.S.C. 

1254a(c)(1)(A) and (c)(2) and 8 CFR 

244.2(f)(2) and (g). 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 continuously resided in the 

United States since November 9, 1999; 

(3) Have been continuously physically 

present in the United States since 

November 9, 1999; and 

(4) Be admissible as an immigrant, 

except as 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 for the initial 

designation (from November 4, 1997 to 

November 3, 1998), or during the 

registration period for the re-designation 

(from November 9, 1999 to November 2, 

2000), he or she: 

(1) Was a nonimmigrant or had been 

granted voluntary departure 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) Is the spouse or child of an alien 

currently eligible to be a TPS registrant. 

An applicant for late initial 

registration must file an application for 

late registration within 60 days of the 

expiration or termination of the abovedescribed conditions. 8 CFR 244.2(g). 

All late initial registration applications 

for TPS pursuant to the TPS extension 

of Burundi should be submitted to the 

USCIS lockbox address listed above. 

What Happens When This Extension of 

TPS Expires on November 2, 2006? 

At least 60 days before this extension 

of the TPS designation for Burundi 

expires on November 2, 2006, the 

Secretary of Homeland Security, after 

consultation with appropriate agencies 

of the Government, will review 

conditions in Burundi and determine 

whether the conditions for designation 

continue to be met at that time, or 

whether the TPS designation should be 

terminated. 8 U.S.C. 1254a(b)(3). Notice 

of that determination, including the 

basis for the determination, will be 

published in the Federal Register. 

Notice of Extension of Designation of 

TPS for Burundi 

By the authority vested in the 

Secretary of Homeland Security under 

sections 244(b)(3)(A) and (b)(3)(C) of the 

Act, DHS has determined, after 

consultation with the appropriate 

Government agencies, that the 

conditions that prompted designation of 

Burundi for TPS continue to be met. 

Accordingly, DHS orders as follows: 

(1) The designation of Burundi under 

section 244(b)(1)(C) of the Act is 

extended for an additional 12-month 

period from November 2, 2005, to 

November 2, 2006. 8 U.S.C. 

1254a(b)(3)(C). 

(2) There are approximately 30 

nationals of Burundi (or aliens having 

no nationality who last habitually 

resided in Burundi) who have been 

granted TPS and who are eligible for reregistration. 

(3) To maintain TPS, a national of 

Burundi (or an alien having no 

nationality who last habitually resided 

in Burundi) who was granted TPS 

during one of the initial designation 

periods (or through late initial 

registration) and who re-registered 

during the subsequent extensions of this 

designation, if any, must re-register for 

TPS during the 60-day re-registration 

period from September 2, 2005 until 

November 1, 2005. 

(4) To re-register, the alien must file 

the following: (1) Form I–821, 

Application for Temporary Protected 

Status, without fee; (2) Form I–765, 

Application for Employment 

Authorization; and (3) a biometric 

services fee of $70 if the alien is age 14 

or older, or if the alien is under age 14 

and requesting an EAD. Applications 

submitted without the required fees will 

be returned to the applicant. If the alien 

requests an EAD, he or she must submit 

$175 or a properly documented fee 

waiver request, pursuant to 8 CFR 

244.20, with Form I–765. An alien who 

does not request employment 

authorization must still file Form I–765 

along with Form I–821, but he or she is 

not required to submit the fee or a fee 

waiver request for filing Form I–765. 

Failure to re-register during the reregistration period without good cause 

will result in the withdrawal of TPS. 8 

U.S.C. 1254a(c)(3)(C). Aliens who have 

previously registered for TPS but whose 

applications remain pending should 

follow these instructions to renew 

temporary treatment benefits. Some 

persons who had not previously applied 

for TPS may be eligible for late initial 

registration under 8 CFR 244.2. 

(5) At least 60 days before this 

extension ends on November 2, 2006, 

the Secretary of Homeland Security, 

after consultation with appropriate 

agencies of the Government, will review 

the designation of Burundi for TPS and 

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. Id. 

(6) Information concerning the 

extension of designation of Burundi for 

TPS will be available at local USCIS 

offices upon publication of this Notice 

and on the USCIS Web site at http:// 

www.uscis.gov. 

Dated: August 22, 2005. 

Michael Chertoff, 

Secretary. 

[FR Doc. 05–17579 Filed 8–31–05; 10:06 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2360–05] 

RIN 1615–ZA28 

Extension of the Designation of Sudan 

for Temporary Protected Status; 

Extension of Employment 

Authorization Documentation for 

Eligible TPS Beneficiaries 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Notice. 

SUMMARY: The designation of Sudan for 

Temporary Protected Status (TPS) will 

expire on November 2, 2005. This 

Notice extends TPS for Sudan for 18 

months, until May 2, 2007, and sets 

forth procedures necessary for nationals 

of Sudan (or aliens having no 

52430 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 

nationality who last habitually resided 

in Sudan) with TPS to re-register and to 

apply for an extension of their 

employment authorization documents 

(EADs) for the additional 18-month 

period. Certain nationals of Sudan (or 

aliens having no nationality who last 

habitually resided in Sudan) who 

previously have not applied for TPS 

may be eligible to apply under the late 

initial registration provisions. 

The Department of Homeland 

Security recognizes that some reregistrants may not receive their new 

employment authorization documents 

until after their current documents 

expire on November 2, 2005. 

Accordingly, when eligible TPS 

beneficiaries re-register for TPS and 

appear at a U.S. Citizenship and 

Immigration Services Application 

Support Center for collection of 

biometrics, stickers will be affixed to 

their employment authorization 

documents to extend the validity of the 

cards through February 2006. 

DATES: The extension of the designation 

of TPS for Sudan is effective November 

2, 2005, and will remain in effect until 

May 2, 2007. The 60-day re-registration 

period begins September 2, 2005 and 

will remain in effect until November 1, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Susan Kopp Keyack, Residence and 

Status Services, Office of Program and 

Regulations Development, U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, 111 

Massachusetts Avenue, NW., 3rd Floor, 

Washington, DC 20529, telephone (202) 

514–4754. This is a toll call. 

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This 

Document 

Act—Immigration and Nationality Act. 

ASC—USCIS Application Support 

Center. 

DHS—Department of Homeland 

Security. 

DOS—Department of State. 

EAD—Employment Authorization 

Document. 

RIC—USCIS Resource Information 

Center. 

TPS—Temporary Protected Status. 

U.N.—United Nations. 

UNHCR—United Nations High 

Commissioner for Refugees. 

USCIS—U.S. Citizenship and 

Immigration Services. 

What Authority Does the Secretary of 

Homeland Security Have To Extend the 

Designation of TPS for Sudan? 

Under section 244 of the Immigration 

and Nationality Act (Act), 8 U.S.C. 

1254a, the Secretary of Homeland 

Security, after consultation with 

appropriate agencies of the Government, 

is authorized to designate a foreign state 

(or part thereof) for TPS. 8 U.S.C. 

1254a(b)(1). The Secretary of Homeland 

Security may then grant TPS to eligible 

nationals of that foreign state (or aliens 

having no nationality who last 

habitually resided in that state). 8 U.S.C. 

1254a(a)(1). 

At least 60 days before the expiration 

of the TPS designation, or any extension 

thereof, section 244(b)(3)(A) of the Act 

requires the Secretary to review, after 

consultation with appropriate agencies 

of the Government, the conditions in a 

foreign state designated for TPS to 

determine whether the conditions for a 

TPS designation continue to be met and, 

if so, the length of an extension of the 

TPS designation. 8 U.S.C. 

1254a(b)(3)(A). If the Secretary 

determines that the foreign state no 

longer meets the conditions for the TPS 

designation, he shall terminate the 

designation, as provided in section 

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

1254a(b)(3)(B). Finally, section 

244(b)(3)(C) of the Act provides for the 

extension of TPS for an additional 

period of 6 months (or, in the discretion 

of the Secretary, a period of 12 or 18 

months) unless the Secretary determines 

that a foreign state (or part thereof) no 

longer meets the conditions for the 

designation at least 60 days before the 

designation or extension is due to end. 

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

Why Did the Secretary of Homeland 

Security Decide To Extend the TPS 

Designation for Sudan? 

On November 4, 1997, the Attorney 

General published a Notice in the 

Federal Register at 62 FR 59737 

designating Sudan for TPS based on an 

ongoing armed conflict and 

extraordinary and temporary conditions 

within the country. The Attorney 

General extended this designation the 

next year, determining that the 

conditions warranting such designation 

continued to be met. 63 FR 59337. On 

November 9, 1999, the Attorney General 

extended and re-designated Sudan by 

publishing a Notice in the Federal 

Register, based upon the ongoing armed 

conflict and extraordinary and 

temporary conditions within the 

country. 64 FR 61128. Subsequent to 

that date, the Attorney General, and 

now the Secretary of Homeland 

Security, extended TPS for Sudan four 

times, determining in each instance that 

the conditions warranting the 

designation continued to be met. 65 FR 

67407, 66 FR 46031, 67 FR 55877, and 

68 FR 52410. In the most recent 

designation, which took place October 

7, 2004, the Secretary of Homeland 

Security extended and re-designated 

Sudan for TPS due to the ongoing armed 

conflict in the Darfur region and the 

extraordinary and temporary conditions 

resulting from the ongoing conflict. 69 

FR 60168. The most recent extension 

and re-designation became effective on 

November 2, 2004, and are due to end 

on November 2, 2005. 

Over the past year, the Department of 

Homeland Security (DHS) and the 

Department of State (DOS) have 

continued to review conditions in 

Sudan. Based on this review, DHS has 

concluded that an 18-month extension 

is warranted because the ongoing, 

armed conflict and extraordinary and 

temporary conditions that prompted 

designation persist. Further, DHS has 

determined that it is not contrary to the 

national interest of the United States to 

permit aliens who are eligible for TPS 

based on the designation of Sudan to 

remain temporarily in the United States. 

See 8 U.S.C. 1254a(b)(1)(C). 

On June 28, 2005, DOS submitted a 

memorandum to U.S. Citizenship and 

Immigration Services (USCIS) 

recommending an extension of TPS for 

Sudan (DOS Recommendation). The 

DOS Recommendation noted that 

although the Government of Sudan and 

the rebel Sudan People’s Liberation 

Army/Movement signed a 

Comprehensive Peace Agreement on 

January 9, 2005, sporadic violence 

continues in southern Sudan, with an 

estimated 9,000 new refugee outflows 

since January. Several groups, including 

numerous Sudanese militias and the 

Ugandan Lord’s Resistance Army, 

continue to threaten the long-term 

security of the region. Id. 

The USCIS Resource Information 

Center (RIC) reported on June 23, 2005, 

that two million people were killed 

during the war in southern Sudan. RIC 

Report. Another two million southern 

Sudanese rely on assistance provided by 

Operation Lifeline Sudan. Id. There are 

over 500,000 refugees from southern 

Sudan in Uganda, Ethiopia, the 

Democratic Republic of Congo, and 

Kenya. DOS Recommendation. The 

United Nations High Commissioner for 

Refugees (UNHCR) plans to organize the 

return of refugees to Southern Sudan 

beginning in fall 2005. Id. As of June 

2005, very few UNHCR-registered 

refugees have returned to southern 

Sudan. Id. 

The DOS Recommendation also 

explained that armed conflict continues 

in the western region of Darfur and an 

estimated 180,000 people have been 

killed in conflict during the past two 

years. Further, approximately two 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52431 

million people have been internally 

displaced and another 200,000 have fled 

to neighboring Chad as a result of the 

conflict. There are reports of widespread 

killings, rapes, beatings, looting and 

burning of property throughout the 

region. 

Access to humanitarian aid is limited. 

In April 2005, the United Nations (U.N.) 

reported that up to four million people 

might face food shortages over the next 

18 months. DOS Recommendation. Two 

million people are in need of food aid 

in Darfur. RIC Report. The killing of 

three aid workers in December 2004 and 

general insecurity hampered 

humanitarian agencies from accessing 

areas of Darfur in need. Id. The number 

of internally displaced persons in all of 

Sudan rose from 4 million to 6 million 

due to the armed conflict in Darfur. Id. 

Based upon this review, the Secretary 

of Homeland Security finds, after 

consultation with the appropriate 

Government agencies, finds that the 

conditions that prompted the 

designation of Sudan for TPS continue 

to be met. See 8 U.S.C. 1254a(b)(3)(A). 

The armed conflict is ongoing and there 

exists extraordinary and temporary 

conditions in Sudan that prevent aliens 

who are nationals of Sudan (or aliens 

having no nationality who last 

habitually resided in Sudan) from 

returning in safety, assuming these 

aliens meet the other statutory 

requirements for TPS. The Secretary of 

Homeland Security also finds that it is 

not contrary to the national interest of 

the United States to permit aliens who 

meet the eligibility requirements of TPS 

to remain in the United States 

temporarily. See 8 U.S.C. 1254a(b)(1)(C). 

On the basis of these findings, the 

Secretary of Homeland Security 

concludes that the designation of Sudan 

for TPS should be extended for an 

additional 18-month period. See 8 

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

If I Currently Have Benefits Through 

the TPS Designation of Sudan, Should 

I Re-register for TPS? 

Yes. If you already have received 

benefits through the TPS designation of 

Sudan, your benefits will expire on 

November 2, 2005. Accordingly, you 

must comply with the re-registration 

requirements described below in order 

to maintain TPS benefits through May 2, 

2007. TPS benefits include temporary 

protection against removal from the 

United States, as well as employment 

authorization, during the TPS 

designation period. 8 U.S.C. 1254a(a)(1). 

If I Am Currently Registered for TPS, or 

Have a Pending Application for TPS, 

How Do I Re-register Under the 

Extension? 

All persons previously granted TPS 

under the designation of Sudan who 

wish to maintain such status must reregister under the extension by filing the 

following: 

(1) Form I–821, Application for 

Temporary Protected Status, without 

fee; 

(2) Form I–765, Application for 

Employment Authorization (see the 

chart below to determine whether you 

must submit the one hundred seventyfive dollar ($175) filing fee with Form I–

765) or a fee waiver request; 

(3) A biometric service fee of seventy 

dollars ($70) if you are 14 years of age 

or older, or if you are under 14 and are 

requesting an Employment 

Authorization Document (EAD). The 

biometric service fee will not be waived. 

8 CFR 103.2(e)(4) (i), (iii). An 

application submitted without the 

required fees will be returned to the 

applicant. 

(4) Unlike previous registration 

periods, you do not need to submit 

photographs with your TPS application 

because a photograph will be taken 

when you appear at an USCIS 

Application Support Center (ASC) for 

collection of biometrics. Biometric 

collection also includes capture of your 

signature and fingerprints. 

Aliens who have previously registered 

for TPS but whose applications remain 

pending should follow these 

instructions if they wish to renew their 

TPS benefits. 

What Edition of the Form I–821 Must 

Be Submitted? 

Form I–821 has been revised. Only 

the Form I–821 with a revision date of 

November 5, 2004 will be accepted. The 

bottom of each page of the revised form 

reads, ‘‘Form I–821 (Rev. 11/05/04)N.’’

Submissions of older versions of Form 

I–821 will be rejected. 

Where and When Should the Forms 

and Fees Be Submitted? 

Submit the completed forms and 

applicable fee, if any, to the USCIS 

Chicago, Illinois Lockbox, as noted 

below, during the 60-day re-registration 

period that begins September 2, 2005 

and ends November 1, 2005. 

Who Is Eligible To Receive a Sticker 

To Extend the Validity of His or Her 

EAD From November 2, 2005 Through 

February 2006? 

An individual who is a national of 

Sudan (or an alien having no nationality 

who last habitually resided in Sudan), 

who has applied for and received an 

EAD under the TPS designation of 

Sudan, and who has not had TPS 

withdrawn or denied will have a 

temporary extension sticker affixed to 

his/her current TPS-related EAD when 

the individual re-registers for TPS and 

appears at an ASC for collection of 

biometrics. The sticker will indicate 

‘‘February 2006’’ and will thereby 

extend the validity of the EAD until 

February 28, 2006. USCIS district offices 

will not be providing EAD extension 

stickers. This benefit will be available 

only through ASCs. 

How May Employers Determine 

Whether an EAD Has Been 

Automatically Extended Through 

February 2006 and Is Therefore 

Acceptable for Completion of the Form 

I–9? 

For purposes of verifying identity and 

employment eligibility or re-verifying 

employment eligibility on the Form I–9 

until February 2006, employers of 

Sudanese TPS beneficiaries whose 

EADs have been extended by an 

extension sticker must accept such EAD 

if presented. Employers will see a 

sticker that indicates ‘‘February 2006’’

on either: (1) a Form I–766 bearing the 

notation ‘‘A–12’’ or ‘‘C–19’’ on the face 

of the card under ‘‘Category,’’ or (2) a 

Form I–688B bearing the notation 

‘‘274a.12(a)(12)’’ or ‘‘274a.12(c)(19)’’ on 

the face of the card under ‘‘Provision of 

Law.’’ This sticker extends validity of 

the EAD through February 28, 2006. 

Employers should not request proof of 

Sudanese citizenship. Unless put on 

notice that an employee is unauthorized 

to work, employers presented with an 

EAD that contains a valid extension 

sticker, if it appears to be genuine and 

appears to relate to the employee, 

should accept the EAD as a valid ‘‘List 

A’’ document and should not ask for 

additional Form I–9 documentation. 

This action by the Secretary of DHS 

does not affect the right of an employee 

to present any legally acceptable 

document as proof of identity and 

eligibility for employment. 

Employers are reminded that the laws 

prohibiting unfair immigration-related 

employment practices remain in full 

force and that this Notice does not 

supersede or in any way limit 

applicable employment verification 

rules and policy guidance. For 

questions, employers may call the 

USCIS Office of Business Liaison 

Employer Hotline at 1–800–357–2099 to 

speak to a USCIS representative. Also, 

employers may call the U.S. Department 

of Justice Office of Special Counsel for 

Immigration Related Unfair 

Employment Practices (OSC) Employer 

52432 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 

Hotline at 1–800–255–8155 or 1–800–

362–2735 (TDD). Employees or 

applicants may call the OSC Employee 

Hotline at 1–800–255–7688 or 1–800–

237–2515 (TDD) for information 

regarding the automatic extension. 

Additional information is available on 

the OSC Web site at http:// 

www.usdoj.gov/crt/osc/index.html. 

Where Should an Applicant Submit His 

or Her Application for Re-Registration 

or for Late Initial Registration? 

The Form I–821, Form I–765, fees, 

and all supporting documentation 

should be filed at the USCIS Chicago, 

Illinois Lockbox at: U.S. Citizenship and 

Immigration Services, Attn: TPS Sudan, 

P.O. Box 87583, Chicago, IL 60680–0583 

or, for non-United States Postal Service 

(USPS) deliveries: U.S. Citizenship and 

Immigration Services, Attn: TPS Sudan, 

427 S. LaSalle—3rd Floor, Chicago, IL 

60605. 

Please note that the above-stated 

addresses are not the same as where you 

have submitted your forms during 

previous re-registration periods. Aliens 

re-registering or filing for late initial 

registration for TPS under the 

designation of Sudan should not send 

their TPS forms and fees directly to a 

USCIS district office. Failure to follow 

these instructions will delay processing 

of your TPS re-registration application 

and may result in your application 

being returned to you. 

Who Must Submit the $175 Filing Fee 

for the Form I–765? 

(1) Although all re-registrants must 

submit the Form I–765, only those reregistrants requesting an EAD, 

regardless of age, must submit the $175 

filing fee or a properly documented fee 

waiver request pursuant to 8 CFR 

244.20. 

(2) Persons between the ages of 14 and 

65 (inclusive) filing under the late 

initial registration provisions who are 

requesting an EAD also must submit the 

$175 fee or a fee waiver request 

pursuant to 8 CFR 244.20. 

(3) Aliens who are submitting Form I–

765 only for data-gathering purposes (as 

explained in the chart below) are not 

required to submit a $175 filing fee, nor 

are they required to submit a fee waiver 

request. 

Note that TPS re-registrants and 

applicants for late initial registration 

may wish to consider whether obtaining 

an EAD will be helpful to them for 

reasons other than verifying 

employment eligibility (for example, as 

a photo identity document and/or in 

order to demonstrate eligibility for a 

driver’s license in some states). 

If Then 

You are re-registering for or renewing a TPS-related EAD, regardless 

of your age.

You must complete and file the Form I–765, Application for Employment Authorization, with the $175 fee or a fee waiver request in accordance with 8 CFR 244.20. 

Your are not requesting an EAD .............................................................. You must complete and file Form I–765 (for data-gathering purposes 

only) with no fee or fee waiver request.1

You are not applying for a TPS-related EAD under the late initial registration provisions and are between the ages of 14 and 65 (inclusive).You must complete and file Form I–765 with the $175 fee or fee waiver 

request. 

You are applying for a TPS-related EAD under the late initial registration provisions and are under age 14 or over age 65.You must complete and file Form I–765 (for data-gathering purposes 

only) with no fee. 

1An applicant who does not want an EAD does not need to submit the $175 fee, but must complete and submit Form I–765 for data-gathering 

purposes. 

Who Must Submit the $70 Biometric 

Service Fee? 

The $70 biometric service fee must be 

submitted by all aliens 14 years of age 

and older who are re-registering for TPS, 

renewing temporary treatment benefits, 

or filing for late initial registration. In 

addition, since a photograph, signature, 

and fingerprint are required to produce 

an EAD, any applicant under the age of 

14 choosing to apply for an EAD must 

submit the $70 biometric service fee. 

The biometric service fee cannot be 

waived. 8 CFR 103.2(e)(4)(i), (iii). 

Does TPS Lead to Lawful Permanent 

Residence? 

No. TPS is a temporary benefit that 

does not lead to lawful permanent 

residence by itself or confer any other 

immigration status. 8 U.S.C. 1254a(e), 

(f)(1), and (h). TPS also does not cure 

any immigration status violations, 

including periods of unlawful presence 

that may have accrued prior to an 

alien’s filing of a prima facie eligible 

application for TPS that is ultimately 

granted, following withdrawal of TPS, 

or after termination of a TPS 

designation. When a country’s TPS 

designation is terminated, TPS 

beneficiaries will have the same 

immigration status they held prior to 

TPS (unless that status has since 

expired or been terminated), or any 

other status they may have acquired 

while registered for TPS. Accordingly, if 

an alien held no lawful immigration 

status prior to being granted TPS and 

did not obtain any other status during 

the TPS period, he or she will have no 

lawful status upon the termination of 

the TPS designation. Once the Secretary 

determines that a TPS designation 

should be terminated, aliens who had 

TPS under that designation and who 

have not acquired another immigration 

status are expected to plan for their 

departure from the United States. 

May I Apply for Another Immigration 

Benefit While Registered for TPS? 

Yes. Registration for TPS does not 

prevent you from applying for another 

non-immigrant status, from filing for 

adjustment of status based on an 

immigrant petition, or from applying for 

any other immigration benefit or 

protection. 8 U.S.C. 1254a(a)(5). For the 

purposes of change of nonimmigrant 

status and adjustment of status, an alien 

is considered as being in, and 

maintaining, lawful status as a 

nonimmigrant during the period in 

which he or she is granted TPS. 8 U.S.C. 

1254a(f)(4). 

How Does an Application for TPS 

Affect My Application for Asylum or 

Other Immigration Benefits? 

An application for TPS does not affect 

an application for asylum or any other 

immigration benefit. Denial of an 

application for asylum or any other 

immigration benefit does not affect an 

applicant’s TPS eligibility, although the 

grounds for denying one form of relief 

may also be grounds for denying 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)(A)(ii); 8 U.S.C. 

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

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52433 

Does This Extension Allow Nationals of 

Sudan (or Aliens Having No Nationality 

Who Last Habitually Resided in Sudan) 

To Apply for TPS if They Entered the 

United States After October 7, 2004? 

No. This is a Notice of an extension 

of the TPS designation of Sudan, not a 

Notice re-designating Sudan for TPS. An 

extension of a TPS designation does not 

change the required dates of continuous 

residence and continuous physical 

presence in the United States. This 

extension does not expand TPS 

availability to those beyond the current 

TPS eligibility requirements for Sudan. 

To be eligible for benefits under this 

extension, nationals of Sudan (or aliens 

having no nationality who last 

habitually resided in Sudan) must have 

been continuously physically present 

and continuously resided in the United 

States since October 7, 2004. 

Are Certain Aliens Ineligible for TPS? 

Yes. There are certain criminal and 

terrorism-related inadmissibility 

grounds that render an alien ineligible 

for TPS. 8 U.S.C. 1254a(c)(2)(A)(iii). 

Further, aliens who have been convicted 

of any felony, or two or more 

misdemeanors, committed in the United 

States are ineligible for TPS under 

section 244(c)(2)(B) of the Act, 8 U.S.C. 

1254a(c)(2)(B), as are aliens described in 

the bars to asylum in section 

208(b)(2)(A) of the Act, 8 U.S.C. 

1158(b)(2)(A). 

What Is Late Initial Registration? 

Some aliens who did not file for TPS 

during the initial registration period 

may be eligible for late initial 

registration under 8 U.S.C. 

1254a(c)(1)(A) and (c)(2) and 8 CFR 

244.2(f)(2) and (g). To apply for late 

initial registration an applicant must: 

(1) Be a national of Sudan (or alien 

who has no nationality and who last 

habitually resided in Sudan); 

(2) Have continuously resided in the 

United States since October 7, 2004; 

(3) Have been continuously physically 

present in the United States since 

October 7, 2004; and 

(4) Be admissible as an immigrant, 

except as 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 for the initial 

designation (from November 4, 1997 to 

November 3, 1998), during the 

registration period for the first redesignation (from November 9, 1999 to 

November 2, 2000), or during the 

registration period for the most recent 

re-designation (from October 7, 2004 to 

April 5, 2005), he or she: 

(1) Was a nonimmigrant or had been 

granted voluntary departure 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) Is the spouse or child of an alien 

currently eligible to be a TPS registrant. 

An applicant for late initial 

registration must file an application for 

late registration within 60 days of the 

expiration or termination of the abovedescribed conditions. 8 CFR 244.2(g). 

All late initial registration applications 

for TPS pursuant to the TPS extension 

of Sudan should be submitted to the 

USCIS lockbox address listed above. 

What Happens When This Extension of 

TPS Expires on May 2, 2007? 

At least 60 days before this extension 

of the TPS designation for Sudan 

expires on May 2, 2007, the Secretary of 

Homeland Security, after consultation 

with appropriate agencies of the 

Government, will review conditions in 

Sudan and determine whether the 

conditions for designation continue to 

be met at that time, or whether the TPS 

designation should be terminated. 8 

U.S.C. 1254a(b)(3). Notice of that 

determination, including the basis for 

the determination, will be published in 

the Federal Register. 

Notice of Extension of Designation of 

TPS for Sudan 

By the authority vested in the 

Secretary of Homeland Security under 

sections 244 (b)(3)(A) and (b)(3)(C) of 

the Act, DHS has determined, after 

consultation with the appropriate 

Government agencies, that the 

conditions that prompted designation of 

Sudan for TPS continue to be met. 

Accordingly, DHS orders as follows: 

(1) The designation of Sudan under 

section 244(b)(1)(C) of the Act is 

extended for an additional 18-month 

period from November 2, 2005, to May 

2, 2007. 8 U.S.C. 1254a(b)(3)(C). 

(2) There are approximately 648 

nationals of Sudan (or aliens having no 

nationality who last habitually resided 

in Sudan) who have been granted TPS 

and who are eligible for re-registration. 

(3) To maintain TPS, a national of 

Sudan (or an alien having no nationality 

who last habitually resided in Sudan) 

who was granted TPS during one of the 

initial designation periods (or through 

late initial registration) and who reregistered during the subsequent 

extensions of this designation, if any, 

must re-register for TPS during the 60- 

day re-registration period from 

September 2, 2005 until November 1, 

2005. 

(4) To re-register, the alien must file 

the following: (1) Form I–821, 

Application for Temporary Protected 

Status, without fee; (2) Form I–765, 

Application for Employment 

Authorization; and (3) a biometric 

services fee of $70 if the alien is age 14 

or older, or if the alien is under age 14 

and requesting an EAD. Applications 

submitted without the required fees will 

be returned to the applicant. If the alien 

requests an EAD, he or she must submit 

$175 or a properly documented fee 

waiver request, pursuant to 8 CFR 

244.20, with Form I–765. An alien who 

does not request employment 

authorization must still file Form I–765 

along with Form I–821, but he or she is 

not required to submit the fee or a fee 

waiver request for filing Form I–765. 

Failure to re-register without good cause 

will result in the withdrawal of TPS. 8 

U.S.C. 1254a(c)(3)(C). Aliens who have 

previously registered for TPS but whose 

applications remain pending should 

follow these instructions to renew 

temporary treatment benefits. Some 

persons who had not previously applied 

for TPS may be eligible for late initial 

registration under 8 CFR 244.2. 

(5) At least 60 days before this 

extension ends on May 2, 2007, the 

Secretary of Homeland Security, after 

consultation with appropriate agencies 

of the Government, will review the 

designation of Sudan for TPS and 

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. Id. 

(6) Information concerning the 

extension of designation of Sudan for 

TPS will be available at local USCIS 

offices upon publication of this Notice 

and on the USCIS Web site at http:// 

www.uscis.gov. 

Dated: August 22, 2005. 

Michael Chertoff, 

Secretary. 

[FR Doc. 05–17578 Filed 8–31–05; 10:06 am] 

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