[Federal Register: March 31, 2006 (Volume 71, Number 62)]
[Notices]
[Page 16333-16338]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr06-84]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2373-05; USICS-2006-0001]
RIN 1615-ZA33
Extension of the Designation of Temporary Protected Status for
Nicaragua; Automatic Extension of Employment Authorization
Documentation for Nicaragua TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice of extension of temporary protected status for
Nicaragua.
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SUMMARY: The designation for Nicaragua for Temporary Protected Status
(TPS) will expire on July 5, 2006. This Notice alerts the public that
TPS for Nicaragua has been extended for 12-months, until July 5, 2007,
and sets forth procedures necessary for nationals of Nicaragua (or
aliens having no nationality who last habitually resided in Nicaragua)
with TPS to re-register and to apply for an extension of their
Employment Authorization Documents (EADs) for the additional 12-month
period. Re-registration is limited to persons who registered under the
initial designation (which was announced on January 5, 1999) or who
``late initial registered'' and also timely re-registered under each
subsequent extension of the designation. In accordance with the
original designation, eligible aliens must also have maintained
continuous physical presence in the United States since January 5,
1999, and continuous residence in the United States since December 30,
1998. Certain nationals of Nicaragua (or aliens having no nationality
who last habitually resided in Nicaragua) who have not previously
applied for TPS may be eligible to apply under the late initial
registration provisions.
Given the large number of Nicaraguans affected by this Notice, the
Department of Homeland Security (DHS) recognizes that many re-
registrants may not receive an extension sticker or new EAD until after
their current EADs expire on July 5, 2006. Accordingly, this Notice
automatically extends the validity of EADs issued under the TPS
designation of Nicaragua for 6 months until January 5, 2007, and
explains how TPS beneficiaries and their employers may determine which
EADs are automatically extended.
EFFECTIVE DATES: The extension of TPS for Nicaragua is effective July
5, 2006, and will remain in effect until July 5, 2007. The 60-day re-
registration period begins April 1, 2006, and will remain in effect
until June 1, 2007. To facilitate processing of their applications,
applicants are strongly encouraged to file as soon as possible after
the start of the 60-day re-registration period (April 1, 2006).
FOR FURTHER INFORMATION CONTACT: Jonathan Crawford, Residence and
Status Services, Office of Programs and Regulations Development, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529,
telephone (202) 272-8350. This is not a toll-free 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
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
What authority does the Secretary of Homeland Security have to extend
the designation of TPS for Nicaragua?
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 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)(A).
At least 60 days before the expiration of the TPS designation, or
any extension thereof, the Secretary, after consultations with
appropriate agencies of the Government, must review 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 must terminate the designation.
8 U.S.C. 1254a(b)(3)(B).
[[Page 16334]]
Why did the Secretary of Homeland Security Decide to Extend the TPS
Designation for Nicaragua?
On January 5, 1999, the Attorney General published a Notice in the
Federal Register at 64 FR 526, designating Nicaragua for TPS due to the
devastation resulting from Hurricane Mitch. Subsequent to that date,
the Attorney General, and the Secretary of Homeland Security, have
extended TPS for Nicaragua five times, determining in each instance
that the conditions warranting the designation continued to be met. 65
FR 30440, 66 FR 23271, 67 FR 22454, 68 FR 23748, 69 FR 64088. To notify
individuals of the current extension, the Secretary published a Notice
in the Federal Register on November 3, 2004, at 69 FR 64088. That
extension became effective on January 5, 2005, and is due to end on
July 5, 2006.
Since the date of the current extension, DHS and the Department of
State (DOS) have continued to review conditions in Nicaragua. In
particular, the Secretary of Homeland Security considered whether there
continues to be a substantial, but temporary, disruption of living
conditions in Nicaragua resulting from Hurricane Mitch and that
Nicaragua is unable, temporarily, to adequately handle the return of
its nationals, as required for TPS designations based on environmental
disasters. 8 U.S.C. 1254a(b)(1)(B)(i-iii).
While progress has been made in reconstruction from Hurricane
Mitch, Nicaragua has not been able to fully recover, in part due to
follow-on natural disasters that have severely undermined progress
towards an economic recovery that would enable Nicaragua to adequately
handle the return of its nationals. (DOS Recommendation, February
2006). Continuing high rates of unemployment and underemployment
estimated at 40 percent and coupled with scarce government resources
spread thin by Hurricane Mitch recovery severely limit current
employment opportunities for returning migrants. Id.
According to the USCIS Office of Refugee, Asylum, and International
Operations Report of February 2006 (``ORAIO Report''), agriculture
remained devastated, housing projects had not been completed, and parts
of the country continued to suffer. For example, at a July 2005 news
briefing, a U.S. Department of State representative reported that two
provinces in northwest Nicaragua, Leon and Chinandega, continued to
suffer from the devastating effects of Hurricane Mitch. Id. To help
address that situation, a U.S. $175 million, five-year aid pact was
announced. Id.
Living conditions in Nicaragua have worsened since the United
States last extended TPS on November 3, 2004 due to Hurricane Beta and
another serious storm. Id. Flooding from Hurricane Beta and Tropical
Storm Stan in October 2005 exacerbated Nicaragua's continuing
vulnerability. Id. Thousands of people were severely affected and
houses, churches, medical centers, and schools in several communities
were destroyed. Id. According to one source, 80 percent of the
buildings on the central Atlantic coast, where Hurricane Beta hit, were
heavily damaged or destroyed. Id.
Based upon this review, the Secretary of Homeland Security, after
consultation with appropriate Government agencies, determined that the
conditions that prompted designation of Nicaragua for TPS continue to
be met. See 8 U.S.C. 1254a(b)(3)(A) (describing procedures for periodic
review of TPS designations). There continues to be a substantial, but
temporary, disruption in living conditions in Nicaragua as the result
of an environmental disaster, and Nicaragua continues to be unable,
temporarily, to handle adequately the return of its nationals. See 8
U.S.C. 1254a(b)(1)(B) (describing conditions that justify TPS
designation). On the basis of these findings, the Secretary concluded
that the TPS designation for Nicaragua should be extended for an
additional 12-month period. See 8 U.S.C. 1254a(b)(3)(C) (providing the
Secretary of Homeland Security with discretion to determine the length
of an extension).
If I Currently Have Benefits Through the TPS Designation of Nicaragua
for TPS, do I Need to Re-Register for TPS?
Yes. If you already have received TPS benefits through the
designation of Nicaragua, your benefits will expire on July 5, 2006.
Accordingly, individual TPS beneficiaries must comply with the re-
registration requirements described below in order to maintain TPS
benefits through July 5, 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) and 1254a(f). Failure to re-register without good cause
will result in the withdrawal of your temporary protected status and
possibly your removal from the United States. 8 U.S.C. 1254a(c)(3)(C).
If I am Currently Registered for TPS or Have a Pending Application for
TPS, how do I Re-Register to Renew my Benefits for the Duration of the
Extension Period?
All persons previously granted TPS under the designation of
Nicaragua who would like to maintain such status and those whose
applications remain pending but who wish to renew their benefits must
re-register 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 and
eighty dollar ($180) filing fee with Form I-765 or a fee waiver
request;
(3) A biometric services fee of seventy dollars ($70) if you are 14
years of age or older, or if you are under 14 and requesting an EAD
extension. The biometric services fee will not be waived. 8 CFR
103.2(e)(4)(i), (iii); and
(4) A photocopy of the front and back of your EAD if you received
an EAD during the most recent registration period.
You do not need to submit photographs with your TPS application
because a photograph will be taken, if needed, when you appear at a
USCIS Application Support Center (ASC) for collection of biometrics.
Aliens who have previously registered for TPS but whose
applications remain pending should follow these instructions if they
wish to renew their TPS benefits. All TPS re-registration applications
submitted without the required fees will be returned to the applicant.
What Edition of the Form I-821 Should be Submitted?
Form I-821 has been revised. Only the Form I-821 with revision
dates of November 5, 2004, or October 26, 2005, will be accepted. The
bottom of each page of the revised form reads, ``Form I-821 (Rev. 11/
05/04)N'' or ``Form I-821 (Rev. 10/26/05)Y.'' Submissions of older
versions of Form I-821 will be rejected. You may obtain immigration
forms on the Internet at http://uscis.gov or by calling the USCIS forms
hotline at 1-800-870-3676.
Who Must Submit the $180 Filing fee for the Form I-765, Application for
Employment Authorization?
[[Page 16335]]
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If Then
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You are applying for an extension You must complete and file the Form
of your EAD valid until July 31, I-765, Application for Employment
2007, regardless of your age. Authorization, with the $180 fee.
You are not requesting an extension You must complete and file Form I-
of your EAD. 765 (for data-gathering purposes
only) with no fee.
You are applying for a TPS-related You must complete and file Form I-
EAD under the late initial 765 (for data-gathering purposes
registration provisions and are only) with no fee.
under age 14 or over age 65.
You are applying for an extension You must complete and file: 1) Form
of your EAD and are requesting a I-765 and 2) a fee waiver request
fee waiver. and affidavit (and any other
supporting information) in
accordance with 8 CFR 244.20.
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Who Must Submit the $70 Biometric Services fee?
The $70 biometric services fee must be submitted by all aliens 14
years of age and older who (1) have previously been granted TPS and are
now re-registering for TPS; (2) have an initial application for TPS
currently pending, have an EAD bearing the notification ``C-19'' on the
face of the card under ``Category'' or ``274a.12(c)(19)'' on the face
of the card under ``Provision of Law,'' and wish to renew temporary
treatment benefits; or (3) are applying for TPS under the late initial
registration provisions. In addition, any alien, including one who is
under the age of 14, choosing to apply for a new EAD or an extension of
an EAD must submit the $70 biometric services fee. This biometric
services fee will not be waived. 8 CFR 103.2(e)(4)(i), (iii).
When Should an Applicant Submit his or her Application for TPS?
Applications must be filed during the 60-day re-registration period
from April 1, 2006 to June 1, 2006. Applicants are encouraged to file
the application as soon as possible after the start of the 60-day re-
registration period.
Where should an applicant submit his or her application for TPS?
USCIS has designated two post office (P.O.) boxes with the Chicago
Lockbox for the filing of TPS applications under this extension in
order to facilitate efficient processing. Please note that applications
should only be filed at the appropriate P.O. Box and should not be
filed with a USCIS Service Center or District Office. Failure to submit
a TPS application to the correct P.O. Box may result in a delay of
adjudication. In addition, applicants will not be able to file their
applications electronically (``E-file'') for this designation.
The type of TPS filing the applicant has to submit will determine
the P.O. Box he or she must use to file; see below for instructions as
to which of the two P.O. Boxes to utilize. Failure to file your
application with the correct P.O. Box may result in a delay of the
processing your application.
1. Applications for re-registration that do not require the
submission of additional documentation or a renewal of temporary
treatment benefits must be filed at this address: U.S. Citizenship and
Immigration Services, P.O. Box 6943, Chicago, IL 60680-6943. Or, for
non-United States Postal Service (USPS) deliveries: U.S. Citizenship
and Immigration Services, Attn: TPS--Nicaragua, 427 S. LaSalle--3rd
Floor, Chicago, IL 60605.
2. Aliens who are filing applications for re-registration that
require the submission of supporting documentation or are filing for
the first time as a late initial registrant must use the address below.
Applications for re-registration require the submission of supporting
documentation under the following circumstances:
(A) If one or more of the questions listed in Part 4, Question 2 of
Form I-821 apply to the alien, then the submission of an explanation,
on a separate sheet(s) of paper, and/or additional documentation must
be provided.
(B) If the alien was granted TPS by an Immigration Judge or the
Board of Immigration Appeals, then the alien must include evidence of
the grant of TPS (such as an order from the Immigration Judge) with his
or her application package.
Aliens who are filing a re-registration application that requires
the submission of additional documentation or for the first time as a
late initial registrant should file at the P.O. Box listed below: U.S.
Citizenship and Immigration Services, P.O. Box 8631, Chicago, IL 60680-
8631. Or, for non-United States Postal Service (USPS) deliveries: U.S.
Citizenship and Immigration Services, Attn: TPS--Nicaragua--[EOIR/
Additional Documents] or [Late Initial Registrant], 427 S. LaSalle--3rd
Floor, Chicago, IL 60605.
Note: Make sure to use either EOIR/Additional Documents or Late
Initial Registrant on the ``Attn:'' line, after Nicaragua, above.
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)(i) of the Act, 8
U.S.C. 1254a(c)(2)(B)(i), 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), 8 U.S.C.
1254a(c)(2)(B)(ii). Aliens should also note that an individual granted
TPS will have his/her TPS withdrawn if the alien is not in fact
eligible for TPS, if an alien fails to timely re-register for TPS
without good case, or if the alien fails to maintain continuous
physical presence in the United States. 8 U.S.C. 1254a(c)(3)(A)-(C).
Who is eligible to receive an automatic extension of his or her EAD
from July 5, 2006 to January 5, 2007?
To receive an automatic extension of his or her EAD, an individual
must be a national of Nicaragua (or an alien having no nationality who
last habitually resided in Nicaragua) who has applied for and received
an EAD under the TPS designation of Nicaragua and who has not had TPS
withdrawn or denied. This automatic extension is limited to EADs issued
on Form I-766, Employment Authorization Document, bearing an expiration
date of July 5, 2006. The EAD must also be a Form I-766 bearing the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category''.
[[Page 16336]]
If I am currently registered for TPS under the designation for
Nicaragua and am re-registering for TPS, how do I receive an extension
of my EAD after the 6 months granted by the automatic extension?
As a TPS re-registrant you will receive a notice in the mail with
instructions to appear at an ASC for biometrics collection. When you
report to the ASC, you must bring your receipt notice for your re-
registration application, ASC appointment notice, and current EAD. When
you appear at an ASC for biometrics collection, USCIS will either affix
a sticker to your current EAD extending the validity of the card
through the end of July 2007 or advise you that your case requires
further resolution. If your case requires further resolution, USCIS
will contact you in writing to explain what additional information, if
any, is necessary to resolve your case. If those issues are resolved
and your re-registration application is approved, you will receive a
new EAD in the mail with an expiration date of July 31, 2007. Because
the extension stickers include only the month and year, rather than a
specific date, all EADS extended by sticker or issued anew pursuant to
this extension of the TPS designation for Nicaragua will be valid
through July 31, 2007.
Will I receive a new EAD in the mail if I am given an extension sticker
at the ASC?
No. Because the sticker affixed to your card at the ASC will extend
the validity of your current EAD through July 2007 there will be no
need for you to obtain additional employment authorization
documentation during the remainder of this extension of the designation
of Nicaragua for TPS.
If I am not eligible to receive a sticker extending my EAD, can I
receive an interim EAD at my local District Office?
No. USCIS will not be issuing interim EADs to TPS applicants and
re-registrants at District Offices.
How may employers determine whether an EAD has been automatically
extended for six months through January 5, 2007, 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 January 5,
2007, employers of Nicaraguan TPS beneficiaries whose EADs have been
automatically extended by this Notice must accept the EAD if presented.
An EAD that has been automatically extended for six months by this
Notice to January 5, 2007, will actually contain an expiration date of
July 5, 2006, and must be a Form I-766 bearing the notation ``A-12'' or
``C-19'' on the face of the card under ``Category.'' New EADs or
extension stickers showing the January 5, 2007, expiration date of the
six-month auto-extension will not be issued. In the alternative to the
aforementioned options, any legally acceptable documentation or
combination of documents listed in List A, List B, or List C of the
Form I-9 may be presented as proof of identity and employment
eligibility; it is the choice of the employee.
Employers should not request proof of Nicaraguan citizenship.
Employers presented with an EAD that has been extended pursuant to this
Federal Register Notice, if it reasonably appears on its face 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 Homeland Security
through this Federal Register Notice does not affect the right of an
applicant for employment or an employee to present any legally
acceptable document as proof of identity and eligibility for
employment.
Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those setting forth re-verification
requirements, see 8 CFR 274a.2(b)(1)(vii). 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 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
.
How may employers determine an employee's eligibility for employment
once the automatic extension has expired, between January 6, 2007, and
the end of the TPS extension on July 5, 2007?
Eligible TPS aliens will possess either an EAD with an expiration
date of July 31, 2007, or an EAD with an expiration date of July 5,
2006 and a sticker affixed to it extending the validity of the EAD
through July 2007. In either case, the EAD will be a Form I-766 bearing
the notation ``A-12'' or ``C-19'' on the face of the card under
``Category.'' Either of these EADs must be accepted for the purposes of
verifying identity and employment authorization. Employers are reminded
that the laws requiring employment eligibility verification and
prohibiting unfair immigration-related employment practices remain in
full force, as described above.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9, Employment Eligibility Verification?
During the first 6 months of this extension of the TPS designation
for Nicaragua, employees may submit the following to their employer for
completion of the Form I-9 at the time of hire or re-verification.
Qualified individuals who have received a 6-month extension of their
EADs by virtue of this Federal Register Notice may present a TPS-based
EAD to their employer, as described above as proof of identity and
employment authorization until January 5, 2007. To minimize confusion
over this extension at the time of hire or re-verification, qualified
individuals may also present a copy of this Federal Register Notice
regarding the automatic extension of employment authorization
documentation to January 5, 2007.
After the first six months of TPS employment authorization for this
designation extension, and continuing until the end of the extension
period, July 5, 2007, a qualified individual will receive one of the
following as evidence of employment authorization: A sticker affixed to
the EAD extending the validity of the EAD through July 2007, or a new
EAD valid through July 31, 2007. Either an EAD with the extension
sticker or a newly issued EAD may be presented as evidence of
employment authorization.
In the alternative, to the aforementioned options, any legally
acceptable document or combination of documents listed in List A, List
B, or List C of the Form I-9 may be presented
[[Page 16337]]
as proof of identity and employment eligibility; it is the choice of
the employee.
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), (h). When a country's TPS designation is
terminated, TPS beneficiaries will maintain 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 revert to unlawful 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 are expected to plan for their departure from the
United States and may wish to apply for immigration benefits for which
they may be eligible.
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 status and adjustment of status, an alien is
considered as being in, and maintaining, lawful status as a
nonimmigrant during the period in which the alien 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).
Does this extension allow nationals of Nicaragua (or aliens having no
nationality who last habitually resided in Nicaragua) who entered the
United States after December 30, 1998, to file for TPS?
No. This is a Notice of an extension of TPS, not a Notice of re-
designation of TPS for Nicaragua. An extension of TPS 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
of Nicaragua. To be eligible for benefits under this extension,
nationals of Nicaragua (or aliens having no nationality who last
habitually resided in Nicaragua) must have continuously resided in the
United States since December 30, 1998, and been continuously physically
present in the United States since January 5, 1999, the date of the
most recent designation of TPS for Nicaragua.
What is late initial registration?
Some persons may be eligible for late initial registration under 8
U.S.C. 1254a(c)(1)(A)(iv) and 8 CFR 244.2(f)(2) and (g). In order to be
eligible for late initial registration an applicant must:
(1) Be a national of Nicaragua (or alien who has no nationality and
who last habitually resided in Nicaragua);
(2) Have continuously resided in the United States since December
30, 1998;
(3) Have been continuously physically present in the United States
since
January 5, 1999; and
(4) Be both 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 initial registration period (from January 5, 1999 to August 20,
1999), 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) 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 no later than 60 days after the expiration or
termination of the conditions described above. 8 CFR 244.2(g). All late
initial registration applications for TPS, pursuant to the TPS
designation of Nicaragua, should be submitted to the aforementioned
Lockbox address in Chicago, Illinois.
What happens when this extension of TPS expires on July 5, 2007?
At least 60 days before this extension of TPS designation of
Nicaragua expires on July 5, 2007, the Secretary of Homeland Security,
after consultation with appropriate agencies of the Government, will
review conditions in Nicaragua and determine whether the conditions for
TPS 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 Nicaragua.
By the authority vested in DHS under sections 244(b)(1)(B),
(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 Nicaragua for TPS continue to
be met. Accordingly, DHS orders as follows:
(1) The designation of Nicaragua under section 244(b)(1)(B) of the
Act is extended for an additional 12-month period from July 5, 2006, to
July 5, 2007. 8 U.S.C. 1254a(b)(3)(C).
(2) There are approximately 4,000 nationals of Nicaragua (or aliens
having no nationality who last habitually resided in Nicaragua) who
have been granted TPS and who may be eligible for re-registration.
(3) To maintain TPS, a national of Nicaragua (or an alien having no
nationality who last habitually resided in Nicaragua) who was granted
TPS during the initial designation period and the subsequent extensions
of this designation, or who was granted TPS during late initial
registration, must re-register for TPS during the 60-day re-
registration period from April 1, 2006 until June 1, 2006.
(4) To re-register, aliens must follow the aforementioned filing
procedures set forth in this Notice.
(5) At least 60 days before this extension ends on July 5, 2007,
the Secretary of Homeland Security, after consultation with appropriate
agencies of the Government, will review the designation of Nicaragua
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
[[Page 16338]]
the determination, will be published in the Federal Register. Id.
(6) Information concerning the extension of designation of
Nicaragua for TPS will be available at local USCIS offices upon
publication of this Notice and on the USCIS Web site at http://uscis.gov
.
Dated: March 22, 2006.
Michael Chertoff,
Secretary.
[FR Doc. E6-4686 Filed 3-30-06; 8:45 am]
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