TITLE 8 - ALIENS AND NATIONALITY

CHAPTER V - EXECUTIVE OFFICE OF IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE

SUBCHAPTER B - IMMIGRATION REGULATIONS

PART 1244 - TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES

1244.10 - Decision by the director or Administrative Appeals Unit (AAU).

  (a) Temporary treatment benefits. The director shall grant temporary treatment benefits to the applicant if the applicant establishes prima facie eligibility for Temporary Protected Status in accordance with 1244.5.

  (b) Temporary Protected Status. Upon review of the evidence presented, the director may approve or deny the application for Temporary Protected Status in the exercise of discretion, consistent with the standards for eligibility in 1244.2, 1244.3, and 1244.4.

  (c) Denial by director. The decision of the director to deny Temporary Protected Status, a waiver of grounds of inadmissibility, or temporary treatment benefits shall be in writing served in person or by mail to the alien's most recent address provided to the Service and shall state the reason(s) for the denial. Except as otherwise provided in this section, the alien shall be given written notice of his or her right to appeal a decision denying Temporary Protected Status. To exercise such right, the alien shall file a notice of appeal, Form I290B, with the director who issued the denial. If an appeal is filed, the administrative record shall be forwarded to the AAU for review and decision, pursuant to authority delegated in 103.1(f)(2), except as otherwise provided in this section.

  (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 determination of his or her eligibility for Temporary Protected Status in deportation or exclusion proceedings pursuant to 1240.11 and 1244.18.

  (d) Decision by AAU. The decision of the AAU shall be in writing served in person, or by mail to the alien's most recent address provided to the Service, and, if the appeal is dismissed, the decision shall state the reason(s) for the denial.

  (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 determination of eligibility for Temporary Protected Status in deportation or exclusion proceedings.

  (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. (1) Temporary treatment benefits shall be evidenced by the issuance of an employment authorization document. The alien shall be given, in English and in the language of the designated foreign state or a language that the alien understands, a notice of the registration requirements for Temporary Protected Status and a notice of the following 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. (1) The decision to grant Temporary Protected Status shall be evidenced by the issuance of an alien registration document. For those aliens requesting employment authorization, the employment authorization document will act as alien registration.

  (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]