PART 1244—TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2. Source: Duplicated from part 244 at 68 FR 9841, Feb. 28, 2003. Editorial Note: Nomenclature changes to part 1244 appear at 68 FR 9846, Feb. 28, 2003, and 68 FR 10357, Mar. 5, 2003. § 1244.1 Definitions. As used in this part: Brief, casual, and innocent absence (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 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 Continuously physically present Continuously resided Felony Foreign state Misdemeanor (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 Register [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] § 1244.2 Eligibility. Except as provided in §§ 1244.3 and 1244.4, 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 § 1244.3; (e) Is not ineligible under § 1244.4; and (f)(1) Registers for Temporary Protected Status during the initial registration period announced by public notice in the Federal Register, (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 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] § 1244.3 Applicability of grounds of inadmissibility. (a) Grounds of inadmissibility not to be applied. (b) Waiver of grounds of inadmissibility. (c) Grounds of inadmissibility that may not be waived. (1) Paragraphs (2)(A)(i), (2)(B), and (2)(C) (relating to criminals and drug offenses); (2) Paragraphs (3)(A), (3)(B), (3)(C), and (3)(D) (relating to national security); or (3) Paragraph (3)(E) (relating to those who assisted in the Nazi persecution). [56 FR 619, Jan. 7, 1991, as amended at 58 FR 58937, Nov. 5, 1993. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997] § 1244.4 Ineligible aliens. An alien is ineligible for Temporary Protected Status if the alien: (a) Has been convicted of any felony or two or more misdemeanors, as defined in § 1244.1, committed in the United States, or (b) Is an alien described in section 208(b)(2)(A) 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 63596, Nov. 16, 1998; 85 FR 80401, Dec. 11, 2020] § 1244.5 Temporary treatment benefits for eligible aliens. (a) Prior to the registration period. prima facie (b) During the registration period. prima facie (c) Denied benefits. [56 FR 619, May 22, 1991, as amended at 56 FR 23497, May 22, 1991. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63596, Nov. 16, 1998] § 1244.6 Application. An application for Temporary Protected Status must be made in accordance with § 103.2 of this chapter except as provided in this section. Each application must be filed with the fee, as provided in 8 CFR 103.7 and 8 CFR part 106 by each individual seeking temporary protected status, except that the filing fee for the Form I-765 will be charged only for those applicants between the ages of 14 and 65 (inclusive) who are requesting employment authorization. Each application must include a completed Form I-821, Application for Temporary Protected Status, Form I-765, Application for Employment Authorization, two identification photographs (1 1/2 1/2 [64 FR 4781, Feb. 1, 1999, as amended at 85 FR 82794, Dec. 18, 2020] § 1244.7 Filing the application. (a) An application for Temporary Protected Status shall be filed with the director having jurisdiction over the applicant's place of residence. (b) An application for Temporary Protected Status must be filed during the registration period established by the Attorney General, except in the case of an alien described in § 1244.2(f)(2). (c) Each applicant must pay a fee, as determined at the time of the designation of the foreign state, except as provided in § 1244.5(a). (d) If the alien has a pending deportation or exclusion proceeding before the immigration judge or Board of Immigration Appeals at the time a foreign state is designated under section 244(b) of the Act, the alien shall be given written notice concerning Temporary Protected Status. Such alien shall have the opportunity to submit an application for Temporary Protected Status to the director under paragraph (a) of this section during the published registration period unless the basis of the charging document, if established, would render the alien ineligible for Temporary Protected Status under § 1244.3(c) or § 1244.4. Eligibility for Temporary Protected Status in the latter instance shall be decided by the Executive Office for Immigration Review during such proceedings. [63 FR 63596, Nov. 16, 1998] § 1244.8 Appearance. The applicant may be required to appear in person before an immigration officer. The applicant may be required to present documentary evidence to establish his or her eligibility. The applicant may have a representative as defined in § 1292.1 of this chapter present during any examination. Such representative shall not directly participate in the examination; however, such representative may consult with and provide advice to the applicant. The record of examination shall consist of the application, documents relating to the application, and the decision of the director. [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 63596, Nov. 16, 1998] § 1244.9 Evidence. (a) Documentation. (1) Evidence of identity and nationality. (i) Passport; (ii) Birth certificate accompanied by photo identification; and/or (iii) Any national identity document from the alien's country of origin bearing photo and/or fingerprint. (2) Proof of residence. (i) Employment records, which may consist of pay stubs, W-2 Forms, certification of the filing of Federal, State, or local income tax returns; letters from employer(s) or, if the applicant has been self employed, letters from banks, and other firms with whom he or she has done business. In all of the above, the name of the alien and the name of the employer or other interested organization must appear on the form or letter, as well as relevant dates. Letters from employers must be in affidavit form, and shall be signed and attested to by the employer under penalty of perjury. Such letters from employers must include: (A) Alien's address(es) at the time of employment; (B) Exact period(s) of employment; (C) Period(s) of layoff; and (D) Duties with the company. (ii) Rent receipts, utility bills (gas, electric, telephone, etc.), receipts, or letters from companies showing the dates during which the applicant received service; (iii) School records (letters, report cards, etc.) from the schools that the applicant or his or her children have attended in the United States showing name of school and period(s) of school attendance; (iv) Hospital or medical records showing medical treatment or hospitalization of the applicant or his or her children, showing the name of the medical facility or physician as well as the date(s) of the treatment or hospitalization; (v) Attestations by churches, unions, or other organizations of the applicant's residence by letter which: (A) Identifies applicant by name; (B) Is signed by an official whose title is also shown; (C) Shows inclusive dates of membership; (D) States the address where applicant resided during the membership period; (E) Includes the seal of the organization impressed on the letter or is on the letterhead of the organization, if the organization has letterhead stationery; (F) Establishes how the attestor knows the applicant; and (G) Establishes the origin of the information being attested to. (vi) Additional documents to support the applicant's claim, which may include: (A) Money order receipts for money sent in or out of the country; (B) Passport entries; (C) Birth certificates of children born in the United States; (D) Bank books with dated transactions; (E) Correspondence between the applicant and other persons or organizations; (F) Social Security card; (G) Selective Service card; (H) Automobile license receipts, title, vehicle registration, etc.; (I) Deeds, mortgages, contracts to which applicant has been a party; (J) Tax receipts; (K) Insurance policies, receipts, or letters; and/or (L) Any other relevant document. (3) Evidence of eligibility under section 244(c)(2) of the Act. (4) Evidence of valid immigrant or nonimmigrant status. (b) Sufficiency of evidence. (c) Failure to timely respond. [56 FR 619, Jan. 7, 1991, as amended at 56 FR 23497, May 22, 1991; 58 FR 58937, Nov. 5, 1993. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63596, Nov. 16, 1998] § 1244.10 Decision by the director or Administrative Appeals Unit (AAU). (a) Temporary treatment benefits. prima facie (b) Temporary Protected Status. (c) Denial by director. (1) If the basis for the denial of the Temporary Protected Status constitutes a ground for deportability or excludability which renders the alien ineligible for Temporary Protected Status under § 1244.4 or inadmissible under § 1244.3(c), the decision shall include a charging document which sets forth such ground(s). (2) If such a charging document is issued, the alien shall not have the right to appeal the director's decision denying Temporary Protected Status as provided in this subsection. The decision shall also apprise the alien of his or her right to a de novo (d) Decision by AAU. (1) If the appeal is dismissed by the AAU under § 1240.18(b), the decision shall also apprise the alien of his or her right to a de novo (2) If the appeal is dismissed by the AAU, the director may issue a charging document if no charging document is presently filed with the Immigration Court. (3) If a charging document has previously been filed or is pending before the Immigration Court, either party may move to recalendar the case after the decision by the AAU. (e) Grant of temporary treatment benefits. (i) Temporary stay of deportation; and (ii) Temporary employment authorization. (2) Unless terminated under § 1244.13, temporary treatment benefits shall remain in effect until a final decision has been made on the application for Temporary Protected Status. (f) Grant of temporary protected status. (2) The alien shall be provided with a notice, in English and in the language of the designated foreign state or a language that the alien understands, of the following benefits: (i) The alien shall not be deported while maintaining Temporary Protected Status; (ii) Employment authorization; (iii) The privilege to travel abroad with the prior consent of the director as provided in § 1244.15; (iv) For the purposes of adjustment of status under section 245 of the Act and change of status under section 248 of the Act, the alien is considered as being in, and maintaining, lawful status as a nonimmigrant while the alien maintains Temporary Protected Status. (v) An alien eligible to apply for Temporary Protected Status under § 1244.2(f)(2), who was prevented from filing a late application for registration because the regulations failed to provide him or her with this opportunity, will be considered to have been maintaining lawful status as a nonimmigrant until the benefit is granted. (3) The benefits contained in the notice are the only benefits the alien is entitled to under Temporary Protected Status. (4) Such notice shall also advise the alien of the following: (i) The alien must remain eligible for Temporary Protected Status; (ii) The alien must register annually with the district office or service center having jurisdiction over the alien's place of residence; and (iii) The alien's failure to comply with paragraphs (f)(4) (i) or (ii) of this section will result in the withdrawal of Temporary Protected Status, including work authorization granted under this Program, and may result in the alien's deportation from the United States. [56 FR 619, Jan. 7, 1991, as amended at 56 FR 23497, May 22, 1991; 58 FR 58937, Nov. 5, 1993; 60 FR 34090, June 30, 1995. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63596, Nov. 16, 1998; 64 FR 4782, Feb. 1, 1999] § 1244.11 Renewal of application; appeal to the Board of Immigration Appeals. If a charging document is served on the alien with a notice of denial or withdrawal of Temporary Protected Status, an alien may renew the application for Temporary Protected Status in deportation or exclusion proceedings. The decision of the immigration judge as to eligibility for Temporary Protected Status may be appealed to the Board of Immigration Appeals pursuant to § 1003.3 of this chapter. The provisions of this section do not extend the benefits of Temporary Protected Status beyond the termination of a foreign state's designation pursuant to § 1244.19. [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 63596, Nov. 16, 1998] § 1244.12 Employment authorization. (a) Upon approval of an application for Temporary Protected Status, the INS shall grant an employment authorization document valid during the initial period of the foreign state's designation (and any extensions of such period). (b) If the alien's Temporary Protected Status is withdrawn under § 1244.14, employment authorization expires upon notice of withdrawal or on the date stated on the employment authorization document, whichever occurs later. (c) If Temporary Protected Status is denied by the INS, employment authorization shall terminate upon notice of denial or at the expiration of the employment authorization document, whichever occurs later. (d) If the application is renewed or appealed in deportation or exclusion proceedings, or appealed to the Administrative Appeals Unit pursuant to § 1244.18(b), employment authorization will be extended during the pendency of the renewal and/or appeal. [56 FR 619, Jan. 7, 1991, as amended at 56 FR 23498, May 22, 1991; 60 FR 21975, May 4, 1995. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63596, Nov. 16, 1998; 64 FR 4782, Feb. 1, 1999] § 1244.13 Termination of temporary treatment benefits. (a) Temporary treatment benefits terminate upon a final determination with respect to the alien's eligibility for Temporary Protected Status. (b) Temporary treatment benefits terminate, in any case, sixty (60) days after the date that notice is published of the termination of a foreign state's designation under section 244(b)(3) of the Act. [56 FR 619, Jan. 7, 1991. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63596, Nov. 16, 1998] § 1244.14 Withdrawal of Temporary Protected Status. (a) Authority of director. (1) The alien was not in fact eligible at the time such status was granted, or at any time thereafter becomes ineligible for such status; (2) The alien has not remained continuously physically present in the United States from the date the alien was first granted Temporary Protected Status under this part. For the purpose of this provision, an alien granted Temporary Protected Status under this part shall be deemed not to have failed to maintain continuous physical presence in the United States if the alien departs the United States after first obtaining permission from the district director to travel pursuant to § 1244.15; (3) The alien fails without good cause to register with the Attorney General annually within thirty (30) days before the end of each 12-month period after the granting of Temporary Protected Status. (b) Decision by director. (2) Withdrawal of the alien's Temporary Protected Status under paragraph (b)(1) of this section may subject the applicant to exclusion or deportation proceedings under sections 235, 236, 237, 238, 240, or 241 of the Act as appropriate. (3) If the basis for the withdrawal of Temporary Protected Status constitutes a ground of deportability or excludability which renders an alien ineligible for Temporary Protected Status under § 1244.4 or inadmissible under § 1244.3(c), the decision shall include a charging document which sets forth such ground(s) with notice of the right of a de novo (c) Decision by AAU. de novo [56 FR 619, Jan. 7, 1991, as amended at 56 FR 23498, May 22, 1991. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63596, 63597, Nov. 16, 1998] § 1244.15 Travel abroad. (a) After the grant of Temporary Protected Status, the alien must remain continuously physically present in the United States under the provisions of section 244(c)(3)(B) of the Act. The grant of Temporary Protected Status shall not constitute permission to travel abroad. Permission to travel may be granted by the director pursuant to the Service's advance parole provisions. There is no appeal from a denial of advance parole. (b) Failure to obtain advance parole prior to the alien's departure from the United States may result in the withdrawal of Temporary Protected Status and/or the institution or recalendering of deportation or exclusion proceedings against the alien. [56 FR 619, Jan. 7, 1991, as amended at 56 FR 23498, May 22, 1991. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63597, Nov. 16, 1998; 64 FR 4782, Feb. 1, 1999] § 1244.16 Confidentiality. The information contained in the application and supporting documents submitted by an alien shall not be released in any form whatsoever to a third party requester without a court order, or the written consent of the alien. For the purpose of this provision, a third party requester means any requester other than the alien, his or her authorized representative, an officer of the Department of Justice, or any federal or State law enforcement agency. Any information provided under this part may be used for purposes of enforcement of the Act or in any criminal proceeding. [56 FR 619, Jan. 7, 1991. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997] § 1244.17 Annual registration. (a) Aliens granted Temporary Protected Status must register annually with the INS designated office having jurisdiction over their place of residence. Such registration will apply to nationals of those foreign states designated or redesignated for more than one year by the Attorney General pursuant to section 244(b) of the Act. Registration may be accomplished by mailing or submitting in person, depending on the practice in place at the INS designated office, completed Forms I-821 and I-765 within the thirty (30) day period prior to the anniversary of the grant of Temporary Protected Status (inclusive of such anniversary date). Form I-821 will be filed without fee. Form I-765 will be filed with fee only if the alien is requesting employment authorization. Completing the block on the I-821 attesting to the continued maintenance of the conditions of eligibility will generally preclude the need for supporting documents or evidence. The Service, however, reserves the right to request additional information and/or documentation on a case-by-case basis. (b) Unless the Service determines otherwise, registration by mail shall suffice to meet the alien's registration requirements. However, as part of the registration process, an alien will generally have to appear in person in order to secure a renewal of employment authorization unless the Service determines that employment authorization will be extended in another fashion due to operational need. The Service may also request that an alien appear in person as part of the registration process. In such cases, failure to appear without good cause shall be deemed a failure to register under this chapter. (c) Failure to register without good cause will result in the withdrawal of the alien's Temporary Protected Status. [56 FR 619, Jan. 7, 1991, as amended at 56 FR 23498, May 22, 1991; 60 FR 21975, May 4, 1995. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63597, Nov. 16, 1998] § 1244.18 Issuance of charging documents; detention. (a) A charging document may be issued against an alien granted Temporary Protected Status on grounds of deportability or excludability which would have rendered the alien statutorily ineligible for such status pursuant to §§ 1244.3(c) and 244.4. Aliens shall not be deported for a particular offense for which the Service has expressly granted a waiver. If the alien is deportable on a waivable ground, and no such waiver for the charged offense has been previously granted, then the alien may seek such a waiver in deportation or exclusion proceedings. The charging document shall constitute notice to the alien that his or her status in the United States is subject to withdrawal. A final order of deportation or exclusion against an alien granted Temporary Protected Status shall constitute a withdrawal of such status. (b) The filing of the charging document by the Service with the Immigration Court renders inapplicable any other administrative, adjudication or review of eligibility for Temporary Protected Status. The alien shall have the right to a de novo (c) Upon denial of Temporary Protected Status by the Administrative Appeals Unit, the Administrative Appeals Unit shall immediately forward the record of proceeding to the director having jurisdiction over the alien's place of residence. The director shall, as soon as practicable, file a charging document with the Immigration Court if the alien is then deportable or excludable under section 241(a) or section 212(a) of the Act, respectively. (d) An alien who is determined by the Service to be deportable or excludable upon grounds which would have rendered the alien ineligible for such status as provided in §§ 1240.3(c) and 1240.4 may be detained under the provisions of this chapter pending deportation or exclusion proceedings. Such alien may be removed from the United States upon entry of a final order of deportation or exclusion. [56 FR 619, Jan. 7, 1991, as amended at 56 FR 23498, May 22, 1991; 60 FR 34090, June 30, 1995. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63597, Nov. 16, 1998; 64 FR 4782, Feb. 1, 1999] § 1244.19 Termination of designation. Upon the termination of designation of a foreign state, those nationals afforded temporary Protected Status shall, upon the sixtieth (60th) day after the date notice of termination is published in the Federal Register, [56 FR 619, Jan. 7, 1991. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63597, Nov. 16, 1998] § 1244.20 Waiver of fees. (a) Any of the fees prescribed in 8 CFR 103.7 and 8 CFR part 106 which relate to applications to the district director or service center director for Temporary Protected Status may be waived if the applicant establishes that he or she is unable to pay the prescribed fee. The applicant will have established his or her inability to pay when the adjudicating officer concludes, on the basis of the requisite affidavit and of any other information submitted, that it is more probable than not that: (1) The applicant's gross income from all sources for the three-month period prior to the filing of the fee waiver request, including income received or earned by any dependent in the United States, was equaled or exceeded by essential expenditures for such three-month period; and (2) The applicant does not own, possess, or control assets sufficient to pay the fee without substantial hardship. (b) For purposes of this section, essential expenditures are limited to reasonable expenditures for rent, utilities, food, transportation to and from employment, and any essential extraordinary expenditures, such as essential medical expenses, or expenses for clothing, laundry, and child care, to the extent that the applicant can show that those expenditures made during the three-month period prior to the filing of the fee waiver request were reasonable and essential to his or her physical well-being or to earning a livelihood. (c) For purposes of this section, the TPS registration fee (including the fee for employment authorization, if applicable) shall be considered an essential expenditure. A fee waiver will be granted if the sum of the fees for TPS registration and employment authorization equals or exceeds income and assets that remain after deducting other essential expenditures. (d) If an adjudicating officer is satisfied that an applicant has established inability to pay, he or she shall not deny a fee waiver due to the cost of administering the TPS program. (e) For purposes of this section, the following documentation shall be required: (1) The applicant seeking a fee waiver must submit an affidavit, under penalty of perjury, setting forth information to establish that he or she satisfies the requirements of this section. The affidavit shall individually list: (i) The applicant's monthly gross income from each source for each of the three months prior to the filing of the fee waiver request; (ii) All assets owned, possessed, or controlled by the applicant or by his or her dependents; (iii) The applicant's essential monthly expenditures, itemized for each of the three months prior to the filing of the fee waiver request, including essential extraordinary expenditures; and (iv) The applicant's dependents in the United States, his or her relationship to those dependents, the dependents' ages, any income earned or received by those dependents, and the street address of each dependent's place of residence. (2) The applicant may also submit other documentation tending to substantiate his or her inability to pay. (f) If the adjudicating officer concludes based upon the totality of their circumstances that the information presented in the affidavit and in any other additional documentation is inaccurate or insufficient, the adjudicating officer may require that the applicant submit the following additional documents prior to the adjudication of a fee waiver: (1) The applicant's employment records, pay stubs, W-2 forms, letter(s) from employer(s), and proof of filing of a local, state, or federal income tax return. The same documents may also be required from the applicant's dependents in the United States. (2) The applicant's rent receipts, bills for essential utilities (for example, gas, electricity, telephone, water), food, medical expenses, and receipts for other essential expenditures. (3) Documentation to show all assets owned, possessed, or controlled by the applicant or by dependents of the applicant. (4) Evidence of the applicant's living arrangements in the United States (living with relative, living in his or her own house or apartment, etc.), and evidence of whether his or her spouse, children, or other dependents are residing in his or her household in the United States. (5) Evidence of the applicant's essential extraordinary expenditures or those of his or her dependents residing in the United States. (g) The adjudicating officer must consider the totality of the information submitted in each case before requiring additional information or rendering a final decision. (h) All documents submitted by the applicant or required by the adjudicating officer in support of a fee waiver request are subject to verification by the Service. (i) In requiring additional information, the adjudicating officer should consider that some applicants may have little or no documentation to substantiate their claims. An adjudicating officer may accept other evidence, such as an affidavit from a member of the community of good moral character, but only if the applicant provides an affidavit stating that more direct documentary evidence in unavailable. [57 FR 34507, Aug. 5, 1992. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 85 FR 82794, Dec. 18, 2020]