[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR244.1]

[Page 489-490]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 244_TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED
 
Sec.  244.1  Definitions.

    As used in this part:
    Brief, casual, and innocent absence means a departure from the 
United States that satisfies the following criteria:
    (1) Each such absence was of short duration and reasonably 
calculated to accomplish the purpose(s) for the absence;
    (2) The absence was not the result of an order of deportation, an 
order of

[[Page 490]]

voluntary departure, or an administrative grant of voluntary departure 
without the institution of deportation proceedings; and
    (3) The purposes for the absence from the United States or actions 
while outside of the United States were not contrary to law.
    Charging document means the written instrument which initiates a 
proceeding before an Immigration Judge. For proceedings initiated prior 
to April 1, 1997, these documents include an Order to Show Cause, a 
Notice to Applicant for Admission Detained for Hearing before 
Immigration Judge, and a Notice of Intention to Rescind and Request for 
Hearing by Alien. For proceedings initiated after April 1, 1997, these 
documents include a Notice to Appear, a Notice of Referral to 
Immigration Judge, and a Notice of Intention to Rescind and Request for 
Hearing by Alien.
    Continuously physically present means actual physical presence in 
the United States for the entire period specified in the regulations. 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 as defined within this section.
    Continuously resided means residing in the United States for the 
entire period specified in the regulations. An alien shall not be 
considered to have failed to maintain continuous residence in the United 
States by reason of a brief, casual and innocent absence as defined 
within this section or due merely to a brief temporary trip abroad 
required by emergency or extenuating circumstances outside the control 
of the alien.
    Felony means a crime committed in the United States, punishable by 
imprisonment for a term of more than one year, regardless of the term 
such alien actually served, if any, except: When the offense is defined 
by the State as a misdemeanor and the sentence actually imposed is one 
year or less regardless of the term such alien actually served. Under 
this exception for purposes of section 244 of the Act, the crime shall 
be treated as a misdemeanor.
    Foreign state means any foreign country or part thereof as 
designated by the Attorney General pursuant to section 244 of the Act.
    Misdemeanor means a crime committed in the United States, either:
    (1) Punishable by imprisonment for a term of one year or less, 
regardless of the term such alien actually served, if any, or
    (2) A crime treated as a misdemeanor under the term ``felony'' of 
this section.
    For purposes of this definition, any crime punishable by 
imprisonment for a maximum term of five days or less shall not be 
considered a felony or misdemeanor.
    Prima facie means eligibility established with the filing of a 
completed application for Temporary Protected Status containing factual 
information that if unrebutted will establish a claim of eligibility 
under section 244 of the Act.
    Register means to properly file, with the director, a completed 
application, with proper fee, for Temporary Protected Status during the 
registration period designated under section 244(b) of the Act.

[56 FR 619, Jan. 7, 1991, as amended at 56 FR 23497, May 22, 1991. 
Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 
63595, Nov. 16, 1998; 64 FR 4781, Feb. 1, 1999]