Extension and Redesignation of the Province of Kosovo in the Republic of Serbia in the State of the Federal Republic of Yugoslavia (Serbia-Montenegro) Under Temporary Protected Status

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[IND No. 1986-99; AG Order No. 2227-99]

RIN 1115-AE 26

Extension and Redesignation of the Province of Kosovo in the

Republic of Serbia in the State of the Federal Republic of Yugoslavia

(Serbia-Montenegro) Under Temporary Protected Status

agency: Immigration and Naturalization Service, Justice.

action: Notice.

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summary: On June 9, 1998 the Attorney General designated Kosovo

Province in the Republic of Serbia in the State of the Federal Republic

of Yugoslavia (Serbia-Montenegro) under the Temporary Protected Status

(TPS) program. This designation allowed eligible nationals of Kosovo

Province (and aliens having no nationality who last habitually resided

in Kosovo Province) who have continuously resided in the United States

since that date to apply for TPS through June 8, 1999. This notice

extends the TPS designation for Kosovo Province for 12 months (until

June 8, 2000) and provides procedures for nationals of Kosovo Province

(and aliens having no nationality who last habitually resided in Kosovo

Province) with TPS to re-register for the additional 12-month TPS

period. This notice also redesignated Kosovo Province under the TPS

program, thereby expanding TPS eligibility to include nationals of

Kosovo Province (and aliens having no nationality who last habitually

resided in Kosovo Province) who have been ``continuously present in the

United States'') and who have ``continuously resided in the United

States'' since June 18, 1999.

effective dates:

[[Page 30543]]

1. Extension of Designation and Re-Registration

Because the initial grant of TPS expires on June 8, 1999, the

extension is effective on June 9, 1999, and lasts until June 8, 2000.

Nationals of Kosovo Province (and aliens having no nationality who last

habitually resided in Kosovo Province) who already have TPS must re-

register for TPS during the period lasting from June 8, 1999, until

July 8, 1999.

2. Redesignation

The redesignation of Kosovo Province for TPS is effective June 8,

1999, until June 8, 2000. The registration period for nationals of

Kosovo Province for TPS under the redesignation begins on June 8, 1999,

and will remain in effect until June 8, 2000.

for further information contact: Michael Valverde, Program Analyst,

Immigration and Naturalization Service, Room 3040, 425 I Street, NW,

Washington, DC 20536, telephone (202) 514-4754.

supplementary information:

What Is the Statutory Authority To Extend the Designation and

Redesignate Kosovo Province Under the TPS Program?

Section 244(b)(3)(A) of the Immigration and Nationality Act (the

Act) states that at least 60 days before the end of 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). Under section

244(b)(3)(C), the Attorney General may extend the initial TPS period

based on a determination that the foreign state continues to meet the

conditions for designation. 8 U.S.C. 1254a(b)(3)(C). Through such an

extension, however, TPS continues to be available only to aliens who

have been continuously physically present in the United States from the

effective date of the initial designation, in this case since June 9,

1998.

However, section 244(b)(1) of the Act implicitly permits the

Attorney General to make a new TPS designation for a foreign state (or

part of a foreign state) that would affect non-covered aliens currently

residing in the United States, rather than simply extending a prior TPS

designation for previously eligible aliens. 8 U.S.C. 1254a(b)(1).

Section 244(c)(1)(A)(i) states that an alien is eligible for TPS if he

or she ``has been continuously physically present since the effective

date of the most recent designation of that state.'' 8 U.S.C.

1254a(c)(1)(A)(i).

Why Did the Attorney General Decide to Both Extend and Redesignate

Kosovo Province Under the TPS Program?

Due to the recent events in Kosovo Province and surrounding areas

of the Federal Republic of Yugoslavia, the Attorney General and the

Department of State have reexamined conditions in Kosovo Province. A

recent Department of State report on conditions in that region found

that, ``[g]iven the state of open war in Kosovo, the ongoing NATO air

strikes in the Federal Republic of Yugoslavia (including Kosovo), and

no indication of peaceful resolution, a resident of Kosovo now in the

United States could not possibly return to Kosovo without incurring an

extremely serious threat to his or her personal safety.'' Based on

these and other findings, the Attorney General has determined that

conditions in Kosovo Province have worsened since the initial

designation and, as a result, has decided to extend and redesignate

Kosovo Province under the TPS program. This will extend availability of

TPS to include eligible nationals of Kosovo Province (and aliens having

no nationality who last habitually resided in Kosovo Province) who

arrived in the United States after the date of initial designation.

If I Currently Have TPS Through the Kosovo Province TPS Program, Do

I Still Need to Re-Register for TPS?

Yes. If you were granted TPS based on the initial designation of

Kosovo Province, that status will expire on June 8, 1999. Accordingly,

you must re-register for TPS in order to maintain your status through

June 8, 2000. With re-registration, you do not need to pay the fifty-

dollar ($50) filing fee for the Form I-821.

If you do not have TPS or have TPS but miss the re-registration

period, you can still apply for TPS under the redesignation if you have

been continuously physically present and have continuously resided in

the United States since June 8, 1999. Under the redesignation you must

pay the fifty-dollar ($50) fee for the Form I-821. See the two sets of

registration instructions below for complete filing instructions.

If I Currently Have TPS, How Do I Register for an Extension?

All applicants previously granted TPS under the Kosovo Province

program may apply for an extension by filing a Form I-821 (without the

fee) during the re-registration period that begins June 8, 1999 and

ends July 8, 1999. Additionally, you must file a form I-765. See the

chart below to determine whether or not you must submit the one

hundred-dollar ($100) filing fee with the Form I-765.

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If Then

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You are applying for employment You must complete and file the

authorization through June 8, 2000. Form I-765. Application for

Employment Authorization, with

the one hundred-dollar ($100)

fee.

You already have employment You must complete and file the

authorization or do not require Form I-765, Application for

employment authorization. Employment Authorization,

without a fee.

You are applying for employment You must complete and file Form

authorization and are requesting a fee I-765 and an appropriately

waiver. documented fee waiver request

and the requisite affidavit

(and any other information),

in accordance with 8 CFR

244.20.

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To re-register for TPS, you also must include two identification

photographs (1\1/2\'' x 1\1/2\'') and supporting evidence, as

provided in 8 CFR 244.9 (evidence of identity and nationality, and

proof of residence).

If I Do Not Currently Have TPS, How Do I Register?

All applicants filing for TPS under the Kosovo program

redesignation must apply by filing Form I-821 accompanied by the fifty-

dollar ($50) fee. Additionally, you must submit a twenty-five dollar

($25) fingerprinting fee, as well as Form I-765. See the chart below to

determine if you must also submit the one hundred-dollar ($100) filing

fee under Form I-765, and for information on requesting a fee waiver.

[[Page 30544]]

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If Then

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You are applying for employment You must complete and file the

authorization through June 8, 2000. Form I-765. Application for

Employment Authorization, with

the one hundred-dollar ($100)

fee.

You already have employment You must complete and file the

authorization or do not require Form I-765, Application for

employment authorization. Employment Authorization,

without a fee.

You are requesting a fee waiver for the You must complete and file Form

$50 fee for the Form I-821, $100 fee I-821 and Form I-765 and an

for the Form I-765, and $25 appropriately documented fee

fingerprinting fee. waiver request and the

requisite affidavit (and any

other information), in

accordance with 8 CFR 244.20.

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To register for TPS, you also must include two identification

photographs (1\1/2\'' x 1\1/2\'') and supporting evidence, as

provided in 8 CFR 244.9 (evidence of identity and nationality, and

proof of residence).

When Must I Register for TPS?

Extension of TPS

For nationals of Kosovo Province (and aliens having no nationality

who last habitually resided in Kosovo Province) who already have TPS,

the re-registration period begins June 8, 1999 and lasts until July 8,

1999. If you have TPS from the original designation but do not file

during the re-registration period, you can still file a new application

for TPS under the redesignation, but you will need to follow the

instructions for applying under the redesignation.

Registration Period Under the Redesignation

The registration period for nationals of Kosovo Province applying

for TPS under the redesignation begins June 8, 1999, and will remain in

effect until June 8, 2000.

Where Must I File My Application for TPS Under This Extension and

Redesignation?

Applicants seeking to register for TPS or to extend their TPS must

submit an application and accompanying materials to the Immigration and

Naturalization Service (INS) Service Center that has jurisdiction over

the applicant's place of residence.

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, PO Box 850997, Mesquite, TX 75185-0997.

If you live elsewhere in the United States, please mail your

application to: Nebraska Service Center, PO Box 87821, Lincoln, NE

68501-7821.

What Are the Requirements for Nationals of Kosovo Province to

Demonstrate That They Have Been ``Continuously Physically Present''

and Have ``Continuously Resided'' in the United States?

All initial applicant for TPS under the Kosovo Province

redesignation will have to demonstrate ``continuous physical presence''

and ``continuous residence'' in the United States since June 8, 1999.

``Continuously physically present'' means actual physical presence

in the United States for the entire period specified. However, an alien

shall not be considered to have failed to maintain continuous physical

presence in the United States by virtue of brief, casual, and innocent

absences.

``Continuously resided'' means residing in the United States for

the entire period. An alien will not be considered to have failed to

maintain continuous residence in the United States by reason by a

brief, casual, and innocent absence or absence due merely to a brief

trip abroad required by emergency or extenuating circumstances outside

the control of the alien.

Notice of Extension of Designation and Redesignation of Kosovo

Province Under the TPS Program

By the authority vested in me as Attorney General under section 244

of the Act, and as required by subsections 244(b)(3) (A) and (C), and

244(b)(1) of the Act, I find that there exist extraordinary and

temporary conditions that prevent aliens who are nationals of Kosovo

Province (and aliens having no nationality who last habitually resided

in Kosovo Province) from returning Kosovo Province in safety, and that

permitting nationals of Kosovo Province (and aliens having no

nationality who last habitually resided in Kosovo Province) to remain

temporarily in the United States is not contrary to the national

interest. 8 U.S.C. 1254a(b)(3) (A) and (C); 8 U.S.C. 1254a(b)(1).

Accordingly, I hereby order as follows:

(1) The designation of Kosovo Province is extended under section

244(b)(3) (A) and (C) of the Act for the 12-month period spanning from

June 9, 1999, to June 8, 2000. 8 U.S.C. 1254a(b)(3) (A) and (C).

Nationals of Kosovo Province (and aliens having no nationality who last

habitually resided in Kosovo Province) who received TPS during the

initial designation period may apply for an extension of TPS during the

registration period lasting from June 8, 1999 until July 8, 1999.

(2) Kosovo Province is redesignated under section 244(b)(1) of the

Act for TPS until June 8, 2000. 8 U.S.C. 1254a(b)(1). Nationals of

Kosovo Province (and aliens having no nationality who last habitually

resided in Kosovo Province) who have been ``continuously physically

present'' and have ``continuously resided'' in the United States since

June 8, 1999, may apply for TPS within the registration period, which

begins June 8, 1999, and ends June 8, 2000.

(3) I estimate that there are no more than 5,000 nationals of

Kovoso Province who have been granted TPS and who are eligible for re-

registration and no more than 3,000 nationals of Kosovo Province who do

not have TPS and are eligible for TPS under this redesignation.

(4) In order to maintain TPS, a national of Kosovo Province (or an

alien having no nationality who last habitually resided in Kosovo

Province) who currently has TPS must re-register by filing Form I-821,

together with Form I-765, within the period beginning June 8, 1999 and

ending on July 8, 1999. Late re-registration applications will be

allowed pursuant to 8 CFR 244.17(c). There is no fee for a Form I-821

filed as part of the re-registration application. A Form I-765 must be

filed with the Form I-821. If the applicant requests employment

authorization, he or she must submit

[[Page 30545]]

one hundred dollars ($100) or a properly documented fee wavier request,

pursuant to 8 CFR 244.20, with the Form I-765. An applicant who does

not request employment authorization must nonetheless file Form I-765

along with Form I-821, but is not required to submit a fee.

(5) A national of Kosovo Province (or an alien having no

nationality who last habitually resided in Kosovo Province) filing for

TPS under the redesignation must File Form I-821, together with Form I-

765, within the period beginning June 8, 1999, and ending on June 8,

2000. A fifty-dollar ($50) fee must accompany Form I-821. A twenty-

five-dollar ($25) fingerprinting fee must also be submitted. If the

applicant requests employment authorization, he or she must submit one

hundred dollars ($100) or a properly documented fee waiver request,

pursuant to 8 CFR 244.20, with the Form I-765. An applicant who does

not request employment authorization must nonetheless file Form I-765

along with Form I-821, but in such cases no fee will be charged. The

applicant can also request a fee waiver for the twenty-five-dollar

($25) fee.

(6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney

General will review, at least 60 days before June 8, 2000, the

designation of Kosovo Province 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 will be published in the

Federal Register. If there is an extension of designation, late initial

registration for TSP will be allowed only pursuant to the requirements

of 8 CFR 244.2(f)(2).

(7) Information concerning the TPS redesignation program for

nationals of Kosovo Province (and aliens having no nationality who last

habitually resided in Kosovo Province) will be available at local INS

offices upon publication of this notice.

Dated: June 2, 1999.

Janet Reno,

Attorney General.

[FR Doc. 99-14507 Filed 6-7-99; 8:45 am]

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