[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Pages 69355-69361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30831]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2483-09; DHS Docket No. USCIS 2009-26]
RIN 1615-ZA91
Extension of the Designation of Sudan for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces that the Secretary of Homeland Security
(Secretary) has extended the designation of Sudan for temporary
protected status (TPS) for 18 months from its current expiration date
of May 2, 2010, through November 2, 2011. This Notice also sets forth
procedures necessary for nationals of Sudan (or aliens having no
nationality who last habitually resided in Sudan) with TPS to re-
register and to apply for an extension of their employment
authorization documents (EADs) with U.S. Citizenship and Immigration
Services (USCIS). Re-registration is limited to persons who previously
registered for TPS under the designation of Sudan and whose
applications have been granted or remain pending. Certain nationals of
Sudan (or aliens having no nationality who last habitually resided in
Sudan) who have not previously applied for TPS may be eligible to apply
under the late initial registration provisions.
[[Page 69356]]
New EADs with a November 2, 2011, expiration date will be issued to
eligible TPS beneficiaries who timely re-register and apply for EADs.
DATES: The extension of the TPS designation of Sudan is effective May
3, 2010, and will remain in effect through November 2, 2011. The 60-day
re-registration period begins December 31, 2009, and will remain in
effect until March 1, 2010. To facilitate processing of applications,
applicants are strongly encouraged to apply as soon as possible after
the start of the 60-day re-registration period beginning December 31,
2009.
FOR FURTHER INFORMATION CONTACT: TPS Operations Program Manager, Status
and Family Branch, Office of Service Center Operations, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue, NW., Washington, DC 20529-2060, telephone
(202) 272-1533. This is not a toll-free call. Further information will
also be available at local USCIS offices upon publication of this
Notice and on the USCIS Web site at http://www.uscis.gov. Note: The
phone number provided here is solely for questions regarding this TPS
notice. It is not for individual case status inquiries. Applicants
seeking information about the status of their individual cases can
check My Case Status online at the USCIS Web site listed above, or call
the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-
800-767-1833).
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
CPA--Comprehensive Peace Agreement
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
GOS--Government of Sudan
IDPs--Internally Displaced Persons
JEM--Justice and Equality Movement
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration Related Unfair Employment Practices
SAF--Sudan Alliances Forces
Secretary--Secretary of Homeland Security
SLM/A--Sudanese Liberation Movement/Army
TPS--Temporary Protected Status
UN--United Nations
USCIS--U.S. Citizenship and Immigration Services
What Is Temporary Protected Status?
Section 244(b)(1) of the Immigration and Nationality Act, 8 U.S.C.
1254a(b)(1) (the Act), authorizes the Secretary of Homeland Security,
after consultation with appropriate agencies of the government, to
designate a foreign State (or part thereof) for Temporary Protected
Status (TPS). TPS is an immigration status granted to eligible
nationals of a designated country (or to persons without nationality
who last habitually resided in the designated country) who are
temporarily unable to safely return to their home country because of
ongoing armed conflict, environmental disaster, or other extraordinary
and temporary conditions. During the period for which the Secretary has
designated a country for TPS, TPS beneficiaries are eligible to remain
in the United States and may obtain work authorization, so long as they
continue to meet the terms and conditions of their TPS status. The
granting of TPS does not lead to permanent resident status. When the
Secretary terminates a country's TPS designation, beneficiaries return
to the same immigration status they maintained before TPS (unless that
status has since expired or been terminated) or to any other status
they may have obtained while registered for TPS.
What Authority Does the Secretary of Homeland Security Have To Extend
the Designation of Sudan for TPS?
Section 244(b)(1) of the Act, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the
government, to designate a foreign State (or part thereof) for TPS.\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). Section 244(a)(1)(A) of the Act, 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------
\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002 (``HSA''), Public Law
107-296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the Immigration and Nationality Act describing
functions transferred under the HSA from the Department of Justice
to the Department of Homeland Security ``shall be deemed to refer to
the Secretary'' of Homeland Security. See 6 U.S.C. 557 (2003)
(codifying HSA, tit. XV, Sec. 1517).
---------------------------------------------------------------------------
At least 60 days before the expiration of the TPS designation, the
Secretary, after consultation with appropriate agencies of the
government, must review the conditions in a foreign State designated
for TPS to determine whether the conditions for the TPS designation
continue to be met and, if so, must determine the length of an
extension of the TPS designation. Section 244(b)(3)(A), (C) of the Act,
8 U.S.C. 1254(b)(3)(A), (C). If the Secretary determines that the
foreign State no longer meets the conditions for the TPS designation,
the Secretary must terminate the designation. Section 244(b)(3)(B) of
the Act, 8 U.S.C. 1254(b)(3)(B).
Why Was Sudan Initially Designated for TPS?
On November 4, 1997, the Attorney General designated Sudan for TPS
based on an ongoing armed conflict and extraordinary and temporary
conditions within that country. See 62 FR 59737; see also section
244(a)(b)(1)(A), (C) of the Act, 8 U.S.C. 1254a(b)(1)(A), (C).
When Was the TPS Designation for Sudan Extended?
Following the initial designation of Sudan for TPS in 1997, the
Attorney General and later, the Secretary, have extended--or re-
designated and extended--TPS for Sudan a total of 11 times, including
this extension. These extensions, or re-designations with extensions,
occurred on the following dates. On November 3, 1998, the Attorney
General extended the designation for 12 months, 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 for an additional 12 months based upon the ongoing
armed conflict and extraordinary and temporary conditions within Sudan
which had worsened. 64 FR 61128.
After that date, the Attorney General and then the Secretary of
Homeland Security extended the TPS designation of Sudan four times,
determining in each instance that the conditions warranting the
designation continued to be met. 65 FR 67407 (Nov. 9, 2000); 66 FR
46031 (Aug. 31, 2001); 67 FR 55877 (Aug. 30, 2002); 68 FR 52410 (Sept.
3, 2003).
On October 7, 2004, the Secretary extended and re-designated Sudan
for TPS due to the intensification of the ongoing armed conflict in the
Darfur region and the extraordinary and temporary conditions resulting
from the ongoing conflict. 69 FR 60168.
After October 2004, the Secretary extended the TPS designation of
Sudan three times, determining in each instance that the conditions
warranting the designation continued to be met. 70 FR 52429 (Sept. 2,
2005); 72 FR 10541 (May 3, 2007); 73 FR 47606 (August 14, 2008).
Today's announcement is the eleventh extension of TPS for Sudan.
Why Is the Secretary Extending the TPS Designation for Sudan Through
November 2, 2011?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in
[[Page 69357]]
Sudan. Based on this review, the Secretary has determined that an 18-
month extension is warranted because the armed conflict is ongoing, and
the extraordinary and temporary conditions that prompted the October 7,
2004, re-designation persist.
In 2005, the government of Sudan (GOS) and the Sudan People's
Liberation Movement/Army (SPLM/A) signed a Comprehensive Peace
Agreement (CPA). The Government of National Unity was formed in
September 2005, and a government of Southern Sudan was established in
October 2005. However, the overall security situation in Sudan remains
fragile and unpredictable. The CPA does not cover the Darfur region of
Western Sudan.
Since early 2003, armed conflict has persisted between the GOS and
GOS-supported militia groups and two principal Darfuri opposition
groups--the Sudanese Liberation Movement/Army (SLM/A) and the Justice
and Equality Movement (JEM). Furthermore, violence against civilians
has continued, with reports of killings, disappearances, arbitrary
arrests and detention, forced population movements, rape, slavery,
forced labor, forced conscription of children, and severely restricted
freedom of assembly, association, religion, speech, and movement.
Although the Darfur Peace Agreement was signed over three years
ago, in May 2006, the situation in Darfur remains serious. Attacks on
villages in Darfur noticeably increased in 2008, with between 270,000
and 300,000 people displaced during the year. Despite the signing of a
confidence-building agreement between the GOS and JEM and the
scheduling of peace talks, fighting in Muhajeria and Shearia broke out
in February 2009, driving over 15,000 people to Zam Zam Camp in the
northern part of the war-torn area.
According to the United Nations (UN), between January and mid-May
2009, violence displaced approximately 137,000 more individuals in
Darfur. Of Darfur's estimated population of 6.3 million, 4.7 million
are in need of assistance. In addition, of the 6.3 million, 2.7 million
are internally displaced people (IDPs) unable to return to their homes.
In April 2009, the UN estimated that more than one million people in
Darfur were at risk of losing food, water, and shelter following the
expulsion of 13 international aid groups by the GOS. An estimated 130-
150 people die monthly from violence in Darfur.
In Southern Sudan, violence has increased in comparison to 2008.
Over the past year, the security situation has deteriorated. Between
January and June 2009, more than 214,000 people were displaced within
southern Sudan due to the conflict. Inter-ethnic and clan clashes and
violence over land and cattle remain common. Over 1,000 people have
died in such clashes this year. Death rates in Southern Sudan now
outnumber those in Darfur.
In Eastern Sudan, the political and security situation remained
relatively calm during the UN Security Council reporting period between
April 17, 2009, and June 30, 2009. This calm period was due, in part,
to the Eastern Sudan Peace Agreement between GOS and rebels from the
Eastern Front. However, a number of issues have not been fully
addressed. These issues include the growing poverty and economic
marginalization, security vulnerabilities, as well as the Eastern Front
splitting into three groups. Furthermore, in February 2009, fighting
erupted in Malakal, Upper Nile State, between the rebel group Sudan
Alliances Forces (SAF) that operates in Eastern Sudan and the SPLA.
Casualties were estimated at a minimum of 62 dead (at least 31 of whom
were civilians) and 94 wounded (at least 21 of whom were civilians).
Based upon review of country conditions, the Secretary has
determined, after consultation with the appropriate Government
agencies, that the conditions that prompted the designation of Sudan
for TPS continue to be met. See section 244(b)(3)(A) of the Act, 8
U.S.C. 1254a(b)(3)(A). An ongoing armed conflict and extraordinary and
temporary conditions in Sudan prevent aliens who are nationals of Sudan
(or aliens having no nationality who last habitually resided in Sudan)
from returning in safety. The Secretary 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 section 244(b)(1)(C) of the Act. On the basis
of these findings and determinations, the Secretary concludes that the
designation of Sudan for TPS should be extended for an additional 18-
month period. See section 244(b)(3)(C) of the Act. There are
approximately 700 nationals of Sudan (or aliens having no nationality
who last habitually resided in Sudan) who are eligible for TPS under
this extended designation.
What Actions Should Qualifying Aliens Take Pursuant to This Notice?
To maintain TPS, a national of Sudan (or an alien having no
nationality who last habitually resided in Sudan) who was granted TPS
and who has not had TPS withdrawn or who has a pending application for
TPS must re-register for TPS during the 60-day re-registration period
from December 31, 2009 until March 1, 2010. To re-register, aliens must
follow the filing procedures set forth in this Notice. For instructions
on this extension, please refer to the following information in this
notice, which includes filing and eligibility requirements for TPS and
EADs. Information concerning the extension of the designation of Sudan
for TPS will also be available at local USCIS offices upon publication
of this Notice and on the USCIS Web site at http://www.uscis.gov.
Notice of Extension of the TPS Designation of Sudan
By the authority vested in me as Secretary of Homeland Security
under section 244 of the Immigration and Nationality Act, 8 U.S.C.
1254a, I have determined, after consultation with the appropriate
government agencies, that the conditions that prompted re-designation
of Sudan for temporary protected status (TPS) on October 7, 2004,
continue to be met. See section 244(b)(3)(A) of the Act, 8 U.S.C.
1254a(b)(3)(A). I have also determined 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 section 244(b)(1)(C) of the Act. On the basis of these
determinations, I am extending the TPS designation of Sudan for 18
months from May 3, 2010, through November 2, 2011.
Janet Napolitano,
Secretary.
Temporary Protected Status Filing Requirements
Do I Need to Re-Register for TPS If I Currently Have Benefits Through
the Designation of Sudan for TPS, and Would Like to Maintain Them?
Yes. If you already have received TPS benefits through the TPS
designation of Sudan, your benefits will expire on May 2, 2010. All TPS
beneficiaries must comply with the re-registration requirements, and
submit any required biometric services fee and Employment Authorization
Document (EAD) application fee (if an EAD is desired), or requests for
waivers of those fees, as described in this Notice in order to maintain
TPS benefits through November 2, 2011. TPS benefits include temporary
protection against removal from the United States and employment
authorization during the TPS designation period. Section 244(a)(1) of
[[Page 69358]]
the Act, 8 U.S.C. 1254a(a)(1). 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. Section 244(c)(3)(C)
of the Act, 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?
Please submit the proper forms and fees according to Tables 1 and 2
below. The following are some helpful tips to keep in mind when
completing your application:
All applicants are strongly encouraged to pay close and
careful attention when filling out the required forms to help ensure
that their dates of birth, alien registration numbers, spelling of
their names, and other required information is correctly entered on the
forms.
All questions on the required forms should be fully and
completely answered. Failure to fully complete each required form may
result in a delay in processing of your application.
Aliens who have previously applied for TPS, but whose
applications remain pending, should follow the filing instructions in
this Notice if they wish to renew their temporary treatment benefits.
All TPS re-registration applications submitted without the
required fees will be returned to applicants.
All fee waiver requests should be filed in accordance with
8 CFR 244.20.
If you received an EAD during the most recent registration
period, please submit a photocopy of the front and back of your EAD.
Table 1--Application Forms and Application Fees
----------------------------------------------------------------------------------------------------------------
If And Then
----------------------------------------------------------------------------------------------------------------
You are re-registering for TPS You are applying for an extension of You must complete and file
your EAD valid through November 2, 2011 Form I-765, Application
for Employment
Authorization, with the
fee of $340 or a fee
waiver request. You must
also submit Form I-821,
Application for Temporary
Protected Status, with no
application fee. See
separate biometric
services fee requirement
below.
You are re-registering for TPS You are NOT applying for renewal of your You must complete and file
EAD Form I-765 with no fee and
Form I-821 with no
application fee. See
separate biometric
services fee requirement
below. Note: DO NOT check
any box for the question
``I am applying for''
listed on Form I-765, as
you are NOT requesting an
EAD benefit.
You are applying for TPS as a late You are applying for a TPS-related EAD You must complete and file
initial registrant (see below) and you Form I-821 with the $50
are between the ages of 14 and 65 application fee or fee
(inclusive) waiver request. You must
also submit Form I-765
with the fee of $340 or a
fee waiver request.
You are applying for TPS as a late You are applying for a TPS-related EAD You must complete and file
initial registrant and are under age 14 Form I-821 with the $50
or over age 65 application fee or fee
waiver request. You must
also submit Form I-765
with no fee.
You are applying for TPS as a late You are NOT applying for an EAD You must complete and file
initial registrant, regardless of age Form I-821 with the $50
application fee or fee
waiver request. You must
also submit Form I-765
with no fee. Note: DO NOT
check any box for the
question ``I am applying
for'' listed on Form I-
765, as you are NOT
requesting an EAD benefit.
Your previous TPS application is still You are applying to renew your temporary You must complete and file
pending treatment benefits (i.e., an EAD with Form I-765 with the fee of
category ``C-19'' on its face) $340 or a fee waiver
request. You must also
submit Form I-821 with no
application fee.
----------------------------------------------------------------------------------------------------------------
Certain applicants must also submit a Biometric Service Fee (See
Table 2).
Table 2--Biometric Service Fee
----------------------------------------------------------------------------------------------------------------
If And Then
----------------------------------------------------------------------------------------------------------------
You are 14 years of age or older 1. You are re-registering for TPS, or You must submit a Biometric
Service fee of $80 or a
fee waiver request.
2. You are applying for TPS under the
late initial registration provisions,
or
3. Your TPS application is still pending
and you are applying to renew temporary
treatment benefits (i.e., EAD with
category ``C-19'' on its face)
[[Page 69359]]
You are younger than 14 years of age 1. You are applying for an EAD, or You do NOT need to submit a
Biometric Service fee.
2. You are NOT applying for an EAD
----------------------------------------------------------------------------------------------------------------
What Editions of Form I-821 and Form I-765 Should I Submit?
Only versions of Form I-821 dated October 17, 2007 (Rev. 10/17/07),
or later, will be accepted. Only versions of Form I-765 dated May 27,
2008 (Rev. 5/27/08), or later, will be accepted. The revision date can
be found in the bottom right corner of the form. The proper forms can
be found on the Internet at http://www.uscis.gov or by calling the
USCIS forms hotline at 1-800-870-3676.
Where Should I Submit My Application for TPS?
Mail your application for TPS to the proper address in Table 3:
Table 3--Mailing Addresses
------------------------------------------------------------------------
Non-U.S. Postal Service
U.S. Postal Service deliveries deliveries
------------------------------------------------------------------------
U.S. Citizenship and Immigration U.S. Citizenship and
Services, Attn: TPS Sudan, P.O. Box Immigration Services, Attn:
8677, Chicago, IL 60680-8677. TPS Sudan, 131 S. Dearborn--
3rd Floor, Chicago, IL 60603-
5517.
------------------------------------------------------------------------
If an Immigration Judge or the Board of Immigration Appeals (BIA)
granted you TPS, you must submit evidence of the grant of TPS (such as
an order from the Immigration Judge) with your first re-registration
application to USCIS following the TPS grant. In addition, when you
receive your receipt notice (Form I-797) for your first re-registration
application, you will need to send an e-mail to [email protected]
that includes the following information:
Your name;
Your date of birth;
The receipt number for your re-registration;
Your A-number; and
The date you were granted TPS.
If you were granted TPS by an Immigration Judge or the BIA and have
already registered with USCIS during a previous period, you do not need
to submit evidence of the judge's or BIA's TPS grant again. However,
please keep your copy available in case USCIS should request to see
your evidence again.
Please note that the e-mail address [email protected] is
solely for re-registration applicants who were granted TPS by
Immigration Judges or by the Board of Immigration Appeals to notify
USCIS of their grant of TPS. It is not for individual case status
inquiries. Applicants seeking information about the status of their
individual cases can check My Case Status available at the USCIS Web
site, or call the USCIS National Customer Service Center.
Can I File My Application Electronically?
If you are filing for re-registration and do not need to submit
supporting documentation (see Table 4) with your application, you may
file your application electronically. To file your application
electronically, follow directions on the USCIS Web site at: http://www.uscis.gov.
How will I Know if I Need To Submit Supporting Documentation with My
Application Package?
See Table 4 below to determine if you need to submit supporting
documentation.
Table 4--Who Should Submit Supporting Documentation?
------------------------------------------------------------------------
If Then
------------------------------------------------------------------------
One or more of the questions listed You must submit an explanation,
in Part 4, Question 2 of Form I-821 on a separate sheet(s) of paper,
applies to you and/or additional documentation.
Depending on the nature of the
question(s) you are addressing,
additional documentation alone
may suffice, but usually a
written explanation will also be
needed.
You were granted TPS by an You must include evidence of the
Immigration Judge or the Board of grant of TPS (such as a final
Immigration Appeals (BIA) order from the Immigration Judge
or decision of the BIA) with
your first re-registration
application package.
------------------------------------------------------------------------
How do I Know If I am Eligible for Late Initial Registration?
In order to be eligible for late initial registration, you must:
(1) Be a national of Sudan (or an 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 both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not ineligible for TPS under
section 244(c)(2)(B) of the Act. See 8 CFR 244.2.
Additionally, you must be able to demonstrate that during the
registration period for the most recent re-designation of TPS for Sudan
(from October 7, 2004 to April 5, 2005), you:
(1) Were 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
[[Page 69360]]
removal or change of status pending or subject to further review or
appeal;
(3) Were a parolee or had a pending request for re-parole; or
(4) Are 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. See 8 CFR 244.2(g). All
late initial registration applications for TPS, pursuant to the
designation of Sudan, should be submitted to the Chicago, Illinois
address listed in table 3 above.
Are Certain Aliens Ineligible for TPS?
Yes. There are certain criminal and terrorism-related
inadmissibility grounds that render an alien ineligible for TPS. See
section 244(c)(2)(A)(iii) of the Act, 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 section 208(b)(2)(A) of the Act, 8 U.S.C.
1158(b)(2)(A) (describing the bars to asylum). See section
244(c)(2)(B)(ii) of the Act, 8 U.S.C. 1254a(c)(2)(B)(ii).
If I Currently Have TPS, Can I Lose My TPS Benefits?
Yes, you can lose your TPS benefits. TPS and related benefits will
be withdrawn if you:
(1) Are not eligible for TPS,
(2) Fail to timely re-register for TPS without good cause, or
(3) Fail to maintain continuous physical presence in the United
States.
See sections 244(c)(3)(A)-(C) of the Act, 8 U.S.C. 1254a(c)(3)(A)-
(C).
Does TPS Lead to Lawful Permanent Residence?
No. TPS is a temporary benefit. Having been granted TPS does not,
of itself, provide an alien with a basis for seeking permanent resident
status. A TPS beneficiary who would like to become a permanent resident
must qualify for this status based on a family relationship,
employment-based classification, or other generally available basis for
immigration, and must be otherwise admissible as an immigrant and meet
all other eligibility requirements in accordance with the immigration
laws.
If I Am Currently Covered Under TPS, What Status Will I Have if My
Country's TPS Designation Is Terminated?
When a country's TPS designation is terminated, you will maintain
the same immigration status that you held prior to obtaining TPS
(unless that status has since expired or been terminated), or any other
status you may have acquired while registered for TPS. Accordingly, if
you held no lawful immigration status prior to being granted TPS and
did not obtain any other status during the TPS period, you 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, and who do not hold any
other lawful immigration status, must 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
nonimmigrant status, filing for adjustment of status based on an
immigrant petition, or applying for any other immigration benefit or
protection. Section 244(a)(5) of the Act, 8 U.S.C. 1254a(a)(5). For the
purposes of change of status and adjustment of status, an alien is
considered to be in, and maintaining, lawful status as a nonimmigrant
during the period in which he or she is granted TPS. See section
244(f)(4) of the Act, 8 U.S.C. 1254a(f)(4).
However, if an alien has periods of time when he or she had no
lawful immigration status before, or after, the alien's time in TPS,
those period(s) of unlawful presence may negatively affect that alien's
ability to adjust to permanent resident status or be granted other
immigration benefits, depending on the circumstances. See, e.g.,
section 212(a)(9)(B) of the Act, 8 U.S.C. 1182(a)(9)(B) (unlawful
presence ground of inadmissibility that is triggered by a departure
from the United States). In some cases, the unlawful presence ground of
inadmissibility, or certain other grounds of inadmissibility, may be
waived when an alien applies for adjustment or change of status.
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 alien'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. See sections 244(b)(2)(A)(ii) and 244(c)(2)(B)(ii) of the Act, 8
U.S.C. 1254a(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).
Can Nationals of Sudan (or Aliens Having No Nationality Who Last
Habitually Resided in Sudan) Who Entered the United States after
October 7, 2004, File for TPS?
No. To be eligible for benefits under this extension, nationals of
Sudan (or aliens having no nationality who last habitually resided in
Sudan) must have continuously resided and have been continuously
physically present in the United States since October 7, 2004, the date
of the most recent designation of Sudan for TPS. See section 244(c)(1)
of the Act, 8 U.S.C. 1254a(c)(1); 69 FR 60168.
How Will I Know if I Have To Report to an Application Support Center
(ASC) to Submit Biometrics?
USCIS will mail you a notice with instructions as to whether or not
you are required to appear at an ASC for biometrics collection. To
increase efficiency and improve customer service, USCIS will, whenever
possible, reuse previously-captured biometrics and will conduct
necessary security checks using those biometrics, such that you may not
be required to appear at an ASC. Due to systems limitations, it may not
be possible in every case to reuse biometrics.
However, even if you do not need to attend an ASC appointment, you
are required to pay the separate biometrics fee or submit an
appropriately supported fee waiver request if you are age 14 or older.
See 8 CFR 244.6. This fee will help cover the USCIS costs associated
with use and maintenance of collected biometrics (such as fingerprints)
for FBI and other background checks, identity verification, and
document production.
What Documents Should I Bring to My ASC Appointment?
When you report to an ASC, you must bring the following documents:
(1) Your receipt notice for your re-registration application;
(2) Your ASC appointment notice; and
(3) Your current EAD.
If no further action is required for your case, you will receive a
new EAD valid through November 2, 2011, by mail. 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
your application is subsequently approved, you will receive a new EAD
in the mail with an expiration date of November 2, 2011.
[[Page 69361]]
Failure to appear at an ASC for a required ASC appointment will
result in denial of your case due to abandonment unless you submit an
address change notification (see instructions below) or a rescheduling
request prior to your appointment.
What if My Address Changes after I File My Re-Registration Application?
If your address changes after you file your application for re-
registration, you must complete and submit Form AR-11 by mail or
electronically. The mailing address is: U.S. Citizenship and
Immigration Services, Change of Address, P.O. Box 7134, London, KY
40742-7134.
Form AR-11 can also be filed electronically by following the
directions on the USCIS Web site at: http://www.uscis.gov. To
facilitate processing your address change on your TPS application, you
may call the USCIS National Customer Service Center at 1-800-375-5283
(TTY 1-800-767-1833) to request that your address be updated on your
application. Please note that calling the USCIS National Customer
Service Center does not relieve you of your burden to properly file a
Form AR-11 with USCIS.
Will My Current EAD that is Set To Expire on May 2, 2010, Automatically
Be Extended for Six Months?
No. This Notice does not automatically extend previously-issued
EADs. DHS has announced the extension of the TPS designation of Sudan
and established the re-registration period at an early date to allow
sufficient time for DHS to process EAD requests prior to the May 2,
2010, expiration date. You must apply during the 60-day re-registration
period. Failure to apply during the re-registration period without good
cause will result in a withdrawal of your TPS benefits. DHS strongly
encourages you to file as early as possible within the re-registration
period.
May I Request an Interim EAD at My Local District Office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at district offices.
What Documents May a Qualified Individual Show to His or Her Employer
as Proof of Employment Authorization and Identity When Completing Form
I-9?
After May 2, 2010, a TPS beneficiary under TPS for Sudan who has
timely re-registered with USCIS as directed under this Notice and
obtained a new EAD valid through November 2, 2011, may present his or
her new valid EAD to an employer as proof of employment authorization
and identity. Employers may not accept previously issued EADs that are
no longer valid.
Individuals also may present any other legally acceptable document
or combination of documents listed on the Form I-9 as proof of identity
and employment eligibility.
Note to Employers
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 rules setting forth re-
verification requirements. For questions, employers may call the USCIS
Customer Assistance Office at 1-800-357-2099. Employers may also 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. Employees or applicants may call the OSC Employee
Hotline at 1-800-255-7688 for information regarding the automatic
extension. Additional information is available on the OSC Web site at
http://www.usdoj.gov/crt/osc/index.html.
[FR Doc. E9-30831 Filed 12-30-09; 8:45 am]
BILLING CODE 9111-97-P