US to terminate special immigration programme for Montserrat nationals
Wednesday, July 7, 2004
BRADES, Montserrat (GIU): Tom Ridge, United
States Secretary of Homeland Security, has officially announced the
termination of the Temporary Protected Status (TPS) program for nationals from
Montserrat, according to a report published in the US Federal Register of July
6. The TPS designation of Montserrat will be
terminated effective February 27, 2005, according to the report.
On March 1, 2003, the functions of the Immigration and Naturalization Service
(INS) were transferred from the Department of Justice to DHS - Department for
Homeland Security pursuant to the US Homeland Security Act of 2002.
The responsibilities for administering the TPS programme held by the INS were
transferred to the Bureau of Citizenship and Immigration Services (BCIS).
Under the Immigration and Nationality Act, the Secretary of DHS, after
consultation with appropriate agencies of the Government, is authorized to
designate a foreign state (or part thereof) for TPS. The Secretary of DHS may
then grant TPS to eligible nationals of that foreign state (or aliens having
no nationality who last habitually resided in that state).
The Act requires the Secretary of DHS to review, at least 60 days before the
end of the TPS designation or any extension.
The TPS program for Montserratians came into effect in August 1997 based upon
volcanic eruptions causing a substantial, but temporary, disruption to living
conditions that rendered Montserrat unable, temporarily, to adequately handle
the return of nationals, according to the latest report in the Federal
Register. According to the report in the
Federal Register, based upon a review of the current volcanic situation on
Montserrat and after consultation with appropriate government agencies, the
Department for Homeland Security finds that Montserrat no longer continues to
meet the conditions for designation under the TPS program.
"To provide for an orderly transition, nationals of Montserrat (and aliens
having no nationality who last habitually resided in Montserrat) who have been
granted TPS will automatically retain TPS and have their current EAD
(Employment Authorization Document) extended until the termination date. These
persons are urged to use the time before termination of their TPS to prepare
for and arrange their departure from the United States or, in the alternative,
apply for other immigration benefits for which they are eligible," according
to the report. Two frequently asked questions
in relation to the TPS programme are as follows:
Q. If I currently have TPS through the Montserrat TPS programme, do I need to
re-register to keep my TPS until February 27, 2005, the termination date?
A. No. If you already have been granted TPS benefits through the Montserrat
TPS program, you do not have to re-register to keep your TPS benefits. You
will automatically retain TPS until the determination date. However, your TPS
status shall be withdrawn pursuant to section 244 (c) (3) of the Act because
of the ineligibility for TPS, prior failure to timely re-register if there as
not good cause for such failure to maintain continuous physical presence in
the United States. When termination occurs on February 27, 2005, you will no
longer have TPS. Q. What may I do if
returning to Montserrat is not possible or preferable for me?
A. This notice terminates the designation of Montserrat for TPS. Nationals of
Montserrat (and aliens having to nationality who last habitually resided in
Montserrat) in the United States who believe returning to Montserrat is not
possible or not preferable for them may be eligible to apply for another
immigration status, such as Lawful Permanent Resident (LPR) or a
non-immigration classification. Eligibility for these and other immigration
benefits is determined individually on a case-by-case basis. In addition,
nationals of Montserrat are eligible to apply for British citizenship based
upon their status as British Overseas Territories Citizens (BOTCS). As such
nationals of Montserrat have a claim to British citizenship, as do all
Overseas Territory inhabitants. However, unlike all other BOTCS, as of August
28, 1996, the British government waived the requirement that nationals of
Montserrat wait three years after establishing residence in the United Kingdom
before becoming eligible for social benefits or treatment by the National
Health Service. This provision is scheduled to remain in place through 2005,
at which time it is slated for review.
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