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, 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 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]
Notes of Decisions
Cited in
19
cases, 2004–2014 · leading case:
Cervantes v. Holder, 597 F.3d 229 (4th Cir. 2010).
Cervantes v. Holder, 597 F.3d 229 (4th Cir. 2010).
· cites it 4× “See 8 C.F.R. § 1244.2 (f)(2)(iv). The Petitioners were thus entitled to seek late initial registration, as their parents were eligible for TPS during the initial registration period for Honduran nationals (January 5, 1999 to August 20, 1999).”
Luis Castillo-Enriquez v. Eric Holder, Jr., 690 F.3d 667 (5th Cir. 2012).
· cites it 2× “Specifically, he points to 8 C.F.R. § 1244.2 , which states that an alien may be granted TPS if he (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…”
De Leon-Ochoa v. Attorney Gen. of the United States, 622 F.3d 341 (3rd Cir. 2010).
“*346 8 C.F.R. § 1244.2 . Under the regulations, the child or spouse of a person who was eligible for TPS during the initial registration period may apply for TPS during any subsequent extension thereof.”
Del Cid-Nolasco v. Holder, 388 F. App'x 18 (2d Cir. 2010).
· cites it 2× “§ 1254a(e)(2)(B) ]”; and [5] “[register [ ] for Temporary Protected Status during the initial registration period announced by public notice in the Federal Register,” or satisfy one of four late registration criteria.”
Fuentes v. Holder, 548 F. App'x 736 (2d Cir. 2013).
“It is undisputed that Fuentes did not file his first application for TPS until November 2002, after the filing deadline expired, and Fuentes does not argue that he satisfied any of the late registration criteria listed in 8 C.F.R. § 1244.2 (f)(2). Instead, before the IJ, Fuentes…”
Duarte-luna & Luna, 26 I. & N. Dec. 325 (BIA 2014).
· cites it 3× “8 C.F.R. § 1244.2 (f)(2)(iv) (2013).1 The applicant must nevertheless satisfy several additional requirements, including continuous physical presence in the United States since the effective date of the foreign country’s most recent designation and continuous residence in the…”
Thania Oddeth Villegas Menjivar v. U.S. Atty. Gen., 358 F. App'x 105 (11th Cir. 2009).
· cites it 4× “PER CURIAM: Petitioner Thania Oddeth Villegas-Menjivar, through counsel, seeks review of the Board of Immigration Appeals’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of her application for temporary protective status (“TPS”), 8 C.F.R. § 1244.2 . On appeal,…”
Rosa v. Holder, 418 F. App'x 248 (4th Cir. 2011).
· cites it 3× “8 C.F.R. § 1244.2 (f)(2) (2010). Because Rosa failed to file his application during the initial registration period or demonstrate his eligibility for late initial registration under § 1244.”
Karina Quintanilla Romero v. Eric Holder, Jr., 490 F. App'x 538 (4th Cir. 2012).
· cites it 3× “8 C.F.R. § 1244.2 (f)(2) (2012). Because Quintanilla failed to file her application during the initial registration period or demonstrate her eligibility for late initial registration under § 1244.”
Celaya-Martinez v. Holder, 493 F. App'x 934 (10th Cir. 2012).
· cites it 3× “Accordingly, we review the BIA’s interpretation of the relevant implementing regulation, 8 C.F.R. § 1244.2 , under the Chevron standard of deference.”
Francisco Lopez Aldana v. Eric Holder, Jr., 499 F. App'x 322 (4th Cir. 2012).
· cites it 3× “8 C.F.R. § 1244.2 (f)(2) (2012). Because Lopez Aldana failed to file his application during the initial registration period or demonstrate his eligibility for late initial registration under § 1244.”
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