[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR244.2]



[Page 482-483]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 244_TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES

--Table of Contents

 

Sec. 244.2  Eligibility.



    Except as provided in Sec. Sec. 244.3 and 244.4, an alien may in 

the discretion of the director be granted Temporary Protected Status if 

the alien establishes that he or she:

    (a) Is a national, as defined in section 101(a)(21) of the Act, of a 

foreign state designated under section 244(b) of the Act;

    (b) Has been continuously physically present in the United States 

since the effective date of the most recent designation of that foreign 

state;

    (c) Has continuously resided in the United States since such date as 

the Attorney General may designate;

    (d) Is admissible as an immigrant except as provided under Sec. 

244.3;

    (e) Is not ineligible under Sec. 244.4; and

    (f)(1) Registers for Temporary Protected Status during the initial 

registration period announced by public notice in the Federal Register, 

or

    (2) During any subsequent extension of such designation if at the 

time of the initial registration period:

    (i) The applicant is a nonimmigrant or has been granted voluntary 

departure status or any relief from removal;

    (ii) The applicant has an application for change of status, 

adjustment of status, asylum, voluntary departure, or any relief from 

removal which is pending or subject to further review or appeal;

    (iii) The applicant is a parolee or has a pending request for 

reparole; or

    (iv) The applicant is a spouse or child of an alien currently 

eligible to be a TPS registrant.

    (3) Eligibility for late initial registration in a currently 

designated foreign state shall also continue until



[[Page 483]]



January 15, 1999, for any applicant who would have been eligible to 

apply previously if paragraph (f)(2) of this section as revised had been 

in effect before November 16, 1998.

    (g) Has filed an application for late registration with the 

appropriate Service director within a 60-day period immediately 

following the expiration or termination of conditions described in 

paragraph (f)(2) of this section.



[63 FR 63595, Nov. 16, 1998]