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Federal Register / Vol. 64, No. 2 / Tuesday, January 5, 1999 / Notices
765, filed by an alien requesting
employment authorization. An alien
who already has employment
authorization or who does not wish to
request employment authorization must
nevertheless file Form I–765, together
with Form I–821, for data gathering
purposes. In such cases, however, no fee
needs to be submitted with Form I–765.
(6) A fee prescribed 8 CFR 103.7(b)(1)
(twenty-five dollars ($25)) for
fingerprinting must be submitted with
the Form I–821.
(7) Pursuant to section 244(b)(3)(A) of
the Act, the Attorney General will
review, at least 60 days before July 5,
2000, the conditions in Honduras to
determine whether the conditions for
designation of Honduras under the TPS
program continue to exist. Notice of that
determination, including the basis for
the determination, will be published in
the Federal Register. If there is an
extension of designation, late initial
registration for TPS shall be allowed
only pursuant to the requirements of 8
CFR 244.2(f)(2).
Where Can I Find Information About
the TPS Program?
Information concerning the TPS
program for nationals of Honduras (or
aliens having no nationality who last
habitually resided in Honduras) will be
available at the Service Internet
Website, located at www.ins.usdoj.gov,
the Application Support Center
Information Line, at 1–888–557–5398,
and at local Immigration and
Naturalization Service offices upon
publication of this notice.
Dated: December 31, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98–34849 Filed 12–31–98; 3:02 pm]
BILLING CODE 4410–10–P
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1965–98; AG Order No. 2202–98]
RIN 1115–AE26
Designation of Nicaragua Under
Temporary Protected Status
Immigration and Naturalization
Service, Justice.
AGENCY:
ACTION:
Notice.
This notice designates
Nicaragua for the Temporary Protected
Status (TPS) program. Under section
244(b)(1) of the Immigration and
Nationality Act, as amended (the Act),
the Attorney General is authorized to
grant TPS in the United States to
eligible nationals of designated foreign
states or parts of such states (or to
eligible aliens who have no nationality
and who last habitually resided in such
designated states) upon finding that
such states are experiencing ongoing
armed conflict, environmental disaster,
or other extraordinary and temporary
conditions.
EFFECTIVE DATES: This designation is
effective on January 5, 1999 and will
remain in effect until July 5, 2000.
FOR FURTHER INFORMATION CONTACT:
Michael Valverde, Residence and Status
Branch, Adjudications, Immigration and
Naturalization Service, 425 I Street,
NW., Room 3214, Washington, DC
20536, telephone (202) 514–3228.
SUPPLEMENTARY INFORMATION:
SUMMARY:
What Is Temporary Protected Status?
The TPS statute (section 244 of the
Immigration and Nationality Act) grants
eligible nationals of designated
countries temporary immigration status.
TPS beneficiaries are granted a stay of
removal and work authorization for the
designated TPS period and for any
extensions of the designation. TPS does
not lead to permanent resident status.
Why Is Nicaragua Being Designated for
the TPS Program?
Hurricane Mitch swept through
Central America causing severe flooding
and associated damage in Nicaragua.
Based on a thorough review by the
Departments of State and Justice, the
Attorney General finds that, due to the
environmental disaster and substantial
disruption of living conditions caused
by Hurricane Mitch, Nicaragua is
unable, temporarily, to handle
adequately the return of Nicaraguan
nationals.
have been ‘‘continuously physically
present’’ since January 5, 1999 and have
‘‘continuously resided’’ in the United
States since December 30, 1998, may
apply for TPS within the registration
period which begins on January 5, 1999
and ends on July 5, 1999.
Any national of Nicaragua who has
already applied for, or plans to apply
for, asylum, but whose asylum
application has not yet been approved,
may also apply for TPS. An application
for TPS does not preclude or adversely
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
alien’s ability to register for TPS,
although the grounds of denial may also
lead to denial of TPS. For example, an
alien who has been convicted of an
aggravated felony is not eligible for
asylum or TPS.
An alien who is granted TPS is
eligible to register for any extension of
the TPS program that may be made.
However, nationals of Nicaragua who do
not file a TPS application during the
initial registration period will have to
satisfy the requirements for late initial
registration under 8 CFR 244.2(f)(2) in
order to be eligible for TPS registration
during any extension of designation.
The requirements for late initial
registration specify:
(1) that the applicant must have been
in valid immigrant or nonimmigrant
status during the initial registration
period, or
(2) had an application for relief from
removal or change of status pending or
under review during the initial
registration period, and
(3) must register no later than sixty
(60) days from the expiration of such
status or pendency of such application.
How Do I register for TPS?
Who Is Eligible for Nicaraguan TPS?
Nationals of Nicaragua (or aliens
having no nationality who last
habitually resided in Nicaragua) who
If
Then
You are a national of Nicaragua (or an alien having no nationality who
last habitually resided in Nicaragua) registering for TPS and employment authorization.
You already have employment authorization or do not require employment authorization.
You must complete and file: (1) Form I–821, Application for Temporary
Protected Status ($50 filing fee), (2) Form I–765, Application for Employment Authorization ($100 filing fee), and (3) $25 Fingerprint Fee
You must complete and file: (1) Form I–821 with $50 filing fee, (2)
Form I–765, Application for Employment with no filing fee, and (3)
$25 Fingerprint Fee
Federal Register / Vol. 64, No. 2 / Tuesday, January 5, 1999 / Notices
527
If
Then
You are registering for TPS and employment authorization and are requesting a fee waiver.
You must complete and file: (1) Appropriately documented fee waiver
request and requisite affidavit (and any other information) in accordance with 8 CFR 244.20, (2) Form I–821, and (3) Form I–765. (4)
$25 Fingerprint Fee. There is no fee waiver for the Fingerprint Fee.
To register for TPS for all conditions
described in the above chart, you must
include two identification photographs
(11⁄2’’ x 11⁄2’’) and supporting evidence
as provided in 8 CFR 244.9 (evidence of
identity and nationality, and proof of
residence).
Where Should I Register for TPS?
Nationals of Nicaragua (or eligible
aliens who have no nationality and who
last habitually resided in Nicaragua)
must register for TPS by submitting an
application to the INS Service Center
that has jurisdiction over where the
applicant lives.
If you live in Connecticut, Delaware,
the District of Columbia, Maine,
Maryland, Massachusetts, New
Hampshire, New Jersey, New York,
Pennsylvania, Puerto Rico, Rhode
Island, Vermont, Virginia, West
Virginia, or in the U.S. Virgin Islands,
mail your application to:
Vermont Service Center, ATTN: TPS, 75
Lower Welden Street, St. Albans, VT
05479.
If you live in Arizona, California,
Guam, Hawaii or Nevada, mail your
application to:
California Service Center, ATTN: TPS,
24000 Avila Road, 2nd Floor, Laguna
Niguel, CA 92677–8111.
If you live in Alabama, Arkansas,
Florida, Georgia, Kentucky, Louisiana,
Mississippi, New Mexico, North
Carolina, Oklahoma, South Carolina,
Tennessee, or Texas, mail your
application to:
Texas Service Center, P.O. Box 850997,
Mesquite, TX 75185–0997.
If you live elsewhere in the United
States, please mail your application to:
Nebraska Service Center, P.O. Box
87821, Lincoln, NE 68501–7821.
As a Nicaraguan National, Can I File an
Application for Adjustment of Status to
That of Lawful Permanent Resident
Under the Nicaraguan Adjustment and
Central American Relief Act
(NACARA), and Also File an
Application for TPS?
Yes. Nicaraguans can apply for either
TPS or adjustment under section 202 of
NACARA, or both. The filing of an
application for TPS or a grant of TPS
status will not have any adverse effect
on applications for relief under
NACARA.
What Is the Difference Between These
Two Programs?
Temporary Protected Status is, as its
name implies, temporary protection
from removal during the designation
period(s). It is not a permanent
entitlement to remain in the country or
permanent relief from removal. Under
section 244(b)(1) of the Act, the
publication of this notice permits
nationals of Nicaragua (or aliens having
no nationality who last habitually
resided in Nicaragua) who have been
‘‘continuously physically present’’ since
January 5, 1999 and have
‘‘continuously’’ resided in the United
States since December 30, 1998 to apply
for TPS within the registration period
which begins on January 5, 1999 and
ends on July 5, 1999. A national of
Nicaragua granted TPS can lawfully
remain in the United States during the
designated period and is entitled to
employment authorization.
In contrast to TPS, section 202 of
NACARA provides an avenue for certain
Nicaraguans and their Nicaraguan and
Cuban national dependents to apply for
permanent relief from removal. The
interim rule governing applications for
adjustment to permanent resident status
under section 202 of NACARA was
published in the Federal Register on
May 21, 1998, at 63 FR 27823. A
Nicaraguan is eligible to adjust his or
her status to that of lawful permanent
resident if:
(1) it can be established that he or she
has been continuously physically
present in the United States since
December 1, 1995 (not counting
absences totaling 180 days or less);
(2) he or she is not inadmissible to the
United States under all provisions of
section 212(a) of the Act not excepted
by section 202(a)(1)(B) of NACARA; and
(3) he or she applies for such
adjustment prior to April 1, 2002.
If an adjustment application under
section 202 of NACARA is approved,
the applicant will receive lawful
permanent resident (LPR) status. A
person who is an LPR may apply to
become a United States citizen after the
requisite time.
Nicaraguans who are interested in
either or both programs are urged to
review the specific eligibility and filing
requirements for those programs before
applying.
Notice of Designation of Nicaragua
Under Temporary Protected Status
Program
By the authority vested in me as
Attorney General under section 244 of
the Immigration and Nationality Act, as
amended (8 U.S.C. 1254a), I find, after
consultation with the appropriate
agencies of the Government, that:
(1) There exists an environmental
disaster in Nicaragua, and, due to this
disaster, which has substantially
disrupted living conditions, Nicaragua
is unable, temporarily, to handle
adequately the return of Nicaraguan
nationals (or aliens having no
nationality who last habitually resided
in Nicaragua);
(2) Nicaragua officially has requested
that it be granted a TPS designation; and
(3) Permitting nationals of Nicaragua
(or aliens having no nationality who last
habitually resided in Nicaragua) to
remain temporarily in the United States
is not contrary to the national interest of
the United States.
Accordingly, it is ordered as follows:
(1) Nicaragua is designated for TPS
under section 244(b)(1)(B) of the Act.
Nationals of Nicaragua (or aliens having
no nationality who last habitually
resided in Nicaragua) who have been
‘‘continuously physically present’’ since
January 5, 1999 and have ‘‘continuously
resided’’ in the United States since
December 30, 1998, may apply for TPS
within the registration period which
begins on January 5, 1999 and ends on
July 5, 1999.
(2) I estimate that there are no more
than 45,000 to 70,000 nationals of
Nicaragua (or aliens having no
nationality who last habitually resided
in Nicaragua) in the United States who
are eligible for TPS.
(3) Except as may otherwise be
provided, applications for TPS by
nationals of Nicaragua (or aliens having
no nationality who last habitually
resided in Nicaragua) must be filed
pursuant to the provisions of 8 CFR part
244. Aliens who wish to apply for TPS
must file an Application for Temporary
Protected Status, Form I–821, together
with an Application for Employment
Authorization, Form I–765, during the
registration period, which begins on
January 5, 1999 and will remain in
effect until July 5, 1999.
(4) A fee prescribed in 8 CFR
103.7(b)(1) (fifty dollars ($50)) will be
528
Federal Register / Vol. 64, No. 2 / Tuesday, January 5, 1999 / Notices
charged for each Application for
Temporary Protected Status, Form I–
821, filed during the registration period.
(5) A fee prescribed in 8 CFR
103.7(b)(1) (one hundred dollars ($100))
will be charged for each Application for
Employment Authorization, Form I–
765, filed by an alien requesting
employment authorization. An alien
who already has employment
authorization or who does not wish to
request employment authorization must
nevertheless file Form I–765, together
with Form I–821, for data gathering
purposes. In such cases, however, no fee
needs to be submitted with Form I–765.
(6) A fee prescribed in 8 CFR
107.7(b)(1) (twenty-five dollars ($25))
for fingerprinting must be submitted
with the Form I–821.
(7) Pursuant to section 244(b)(3)(A) of
the Act, the Attorney General will
review, at least 60 days before July 5,
2000, the conditions in Nicaragua to
determine whether the conditions for
designation of Nicaragua under the TPS
program continue to exist. Notice of that
determination, including the basis for
the determination, will be published in
the Federal Register. If there is an
extension of designation, late initial
registration for TPS shall be allowed
only pursuant to the requirements of 8
CFR 244.2(f)(2).
Where Can I Obtain Information About
the TPS program?
Information concerning the TPS
program for nationals of Nicaragua (or
aliens having no nationality who last
habitually resided in Nicaragua) will be
available at the Service Internet
Website, located at www.ins.usdoj.gov,
the Application Support Center
Information Line, at 1–888–557–5398,
and at local Immigration and
Naturalization Service offices upon
publication of this notice.
Dated: December 31, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98–34848 Filed 12–31–98; 3:02 pm]
BILLING CODE 4410–10–P
PAROLE COMMISSION
Sunshine Act Meeting
Department of
Justice, United States Parole
Commission.
DATE AND TIME: 9:30 a.m., Wednesday,
January 6, 1999.
PLACE: 5550 Friendship Boulevard,
Suite 400, Chevy Chase, Maryland
20815.
STATUS: Closed—Meeting.
AGENCY HOLDING MEETING:
The following
matter will be considered during the
closed portion of the Commission’s
Business Meeting: Appeals to the
Commission involving approximately
two cases decided by the National
Commissioners pursuant to a reference
under 28 CFR 2.27. These cases were
originally heard by an examiner panel
wherein inmates of Federal prisons have
applied for parole or are contesting
revocation of parole or mandatory
release.
Dated: December 30, 1998.
Michael A. Stover,
General Counsel, U.S. Parole Commission.
[FR Doc. 98–34839 Filed 12–31–98; 10:31
am]
Tom Kowalski, Case
Operations, United States Parole
Commission, (301) 492–5962.
December 29, 1998.
Time and Date: 11:00 a.m., Wednesday,
January 6, 1999
Place: Room 6005, 6th Floor, 1730 K Street,
N.W., Washington, D.C.
Status: Open
Matters to be Considered: The Commission
will consider and act upon the following:
1. Secretary of Labor v. Capitol Cement
Corp., Docket Nos. WEVA 95–194–M, etc.
(Issues include whether the judge denied
Capitol due process by conducting a hearing
when a witness asserted the Fifth
Amendment privilege against selfincrimination; properly concluded that
violations of 30 C.F.R. §§ 56.12016 and
56.15005 by Capital resulted from its
unwarrantable failure to comply with the
standards; and properly concluded that the
negligence of two supervisors is imputable to
Capitol for civil penalty purposes.)
Any person attending an open meeting
who requires special accessibility features
and/or auxiliary aids, such as sign language
interpreters, must inform the Commission in
advance of those needs. Subject to 29 C.F.R.
§ 2706.150(a)(3) § 2706.160(d).
MATTERS CONSIDERED:
AGENCY CONTACT:
Dated: December 30, 1998.
Michael A. Stover,
General Counsel, U.S. Parole Commission.
[FR Doc. 98–34838 Filed 12–31–98; 10:27am]
BILLING CODE 4410–31–M
PAROLE COMMISSION
Sunshine Act Meeting
Department of
Justice, United States Parole
Commission.
AGENCY HOLDING MEETING:
10:30 a.m., Wednesday,
January 6, 1999.
TIME AND DATE:
5550 Friendship Boulevard,
Suite 400, Chevy Chase, Maryland
20815.
PLACE:
STATUS:
Open.
The
following matters have been placed on
the agenda for the open Parole
Commission meeting:
MATTERS TO BE CONSIDERED:
1. Approval of minutes of previous
Commission meeting.
2. Reports from the Chairman,
Commissioners, Legal, Chief of Staff, Case
Operations, and Administrative Sections.
3. Proposed Amendments to the Interim
Regulations for D.C. Code Prisoners.
Amendments to the following regulations
will be discussed:
(a) § 2.76: Reduction in minimum sentence.
(b) D.C. Youth Rehabilitation Act:
§ 2.71: Application for parole;
§ 2.75: Reconsideration proceedings;
§ 2.87: Reparole.
(c) ‘‘Attempted murder’’ in Category III of
the D.C. Guidelines.
(d) § 2.80: ‘‘Current offense’’ for probation
violators.
(e) Medical and geriatric parole:
§ 2.77: Medical parole;
§ 2.78: Geriatric parole;
(f) § 2.63: Rewarding Assistance to Law
Enforcement.
Tom Kowalski, Case
Operations, United States Parole
Commission, (301) 492–5962.
AGENCY CONTACT:
BILLING CODE 4410–31–M
FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION
Sunshine Act Meeting
Jean
Ellen (202) 653–5629/202 708–9300 for
TDD Rely/1–800–877–8339 for toll free.
CONTACT PERSON FOR MORE INFO:
Jean H. Ellen,
Chief Docket Clerk.
[FR Doc. 98–34845 Filed 12–31–98; 1:38 am]
BILLING CODE 6735–01–M
FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION
Sunshine Act Meeting
December 29, 1998.
Time and Date: 10:00 a.m., Wednesday,
February 3, 1999
Place: Room 6005, 6th Floor, 1730 K Street,
NW., Washington, DC
Status: Open
Matters to be Considered: The Commission
will hear oral argument on the following:
1. Secretary of Labor v. Windsor Coal Co.,
Docket No. WEVA 97–95 (Issues include
whether substantial evidence supports the
judge’s determination that Windsor’s
violation of 30 CFR § 75.400 was not the
result of its unwarrantable failure.)
Time and Date: 2:00 p.m., Wednesday,
February 3, 1999
Place: Room 6005, 6th Floor, 1730 K Street,
NW., Washington, DC
