8 CFR s 244.1
8 C.F.R. § 244.1
CODE OF FEDERAL REGULATIONS
TITLE 8--ALIENS AND NATIONALITY
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
SUBCHAPTER B--IMMIGRATION REGULATIONS
PART 244--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES
Current through June 2, 1998; 63 FR 29958
§ 244.1 Definitions.
As used in this part:
Act means the Immigration and Nationality Act, as amended by the Immigration Act of 1990.
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 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 Form I-221 (Order to Show Cause and Notice of Hearing), Form I-221S (Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien) or Form I-122 (Notice to Applicant for Admission Detained for Hearing before Immigration Judge).
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 244A of the Act, the crime shall be treated as a misdemeanor.
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 244A(c) of the Act.
Register means to properly file, with the district director, a completed application, with proper fee, for Temporary Protected Status during the registration period designated under section 244A(b) of the Act.
State means any foreign country or part thereof as designated by the Attorney General pursuant to section 244A(b) of the Act.
[56 FR 23497, May 22, 1991; 62 FR 10367, 10382, March 6, 1997]
<General Materials (GM) - References, Annotations, or Tables>
8 C. F. R. § 244.1
8 CFR § 244.1
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