---
kind: "section"
citation: "8 C.F.R. § 244.2"
title: "8"
number: "244.2"
heading: "Eligibility."
url: "https://uscodex.org/cfr/8/244.2"
---

# §244.2. Eligibility.


Except as provided in §§ [244.3](/cfr/8/244.3.md) and [244.4](/cfr/8/244.4.md), 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 [§ 244.3](/cfr/8/244.3.md);
- (e) Is not ineligible under [§ 244.4](/cfr/8/244.4.md); 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)](#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)](#f-2) of this section.

## Notes

### Amendments

[63 FR 63595, Nov. 16, 1998]

### Authority

Authority: 8 U.S.C. 1103, 1254, 1254a note, 1803, 1811; 8 CFR 2.9.

### Source

Source: 56 FR 619, Jan. 7, 1991, unless otherwise noted.

### Amendments

[63 FR 63595, Nov. 16, 1998]