Designation of Nicaragua Under Temporary Protected Status

526

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

AGENCY

: Immigration and Naturalization

Service, Justice.

ACTION

: Notice.

SUMMARY

: 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

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.

Who Is Eligible for Nicaraguan TPS?

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.

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?

If Then

You are a national of Nicaragua (or an alien having no nationality who

last habitually resided in Nicaragua) registering for TPS and employ-

ment authorization.

You must complete and file: (1) Form I–821, Application for Temporary

Protected Status ($50 filing fee), (2) Form I–765, Application for Em-

ployment Authorization ($100 filing fee), and (3) $25 Fingerprint Fee

You already have employment authorization or do not require employ-

ment authorization.

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

527

Federal Register/Vol. 64, No. 2/Tuesday, January 5, 1999/Notices

If Then

You are registering for TPS and employment authorization and are re-

questing a fee waiver.

You must complete and file: (1) Appropriately documented fee waiver

request and requisite affidavit (and any other information) in accord-

ance 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

⁄

’’ x 1

⁄

’’) 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

AGENCY HOLDING 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.

MATTERS CONSIDERED

: 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.

AGENCY CONTACT

: Tom Kowalski, Case

Operations, United States Parole

Commission, (301) 492–5962.

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

AGENCY HOLDING MEETING

: Department of

Justice, United States Parole

Commission.

TIME AND DATE

: 10:30 a.m., Wednesday,

January 6, 1999.

PLACE

: 5550 Friendship Boulevard,

Suite 400, Chevy Chase, Maryland

20815.

STATUS

: Open.

MATTERS TO BE CONSIDERED

: The

following matters have been placed on

the agenda for the open Parole

Commission meeting:

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.

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.

AGENCY CONTACT

: Tom Kowalski, Case

Operations, United States Parole

Commission, (301) 492–5962.

Dated: December 30, 1998.

Michael A. Stover,

General Counsel, U.S. Parole Commission.

[FR Doc. 98–34839 Filed 12–31–98; 10:31

am]

BILLING CODE 4410–31–M

FEDERAL MINE SAFETY AND HEALTH

REVIEW COMMISSION

Sunshine Act Meeting

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 self-

incrimination; 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).

CONTACT PERSON FOR MORE INFO

: Jean

Ellen (202) 653–5629/202 708–9300 for

TDD Rely/1–800–877–8339 for toll free.

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