8 U.S.C. § 1259 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

• Cite as: 8 U.S.C. § 1259

A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attorney General that he is not inadmissible under section 1182(a)(3)(E) of this title or under section 1182(a) of this title insofar as it relates to criminals, procurers and other immoral persons, subversives, violators of the narcotic laws or smugglers of aliens, and he establishes that he-

(a) entered the United States prior to January 1, 1972;

(b) has had his residence in the United States continuously since such entry;

(c) is a person of good moral character; and

(d) is not ineligible to citizenship and is not deportable under section 1227(a)(4)(B) of this title.

Cite as 8 U.S.C. § 1259

Source: June 27, 1952, ch. 477, title II, ch. 5, §249, 66 Stat. 219; Pub. L. 85-616, Aug. 8, 1958, 72 Stat. 546; Pub. L. 89-236, §19, Oct. 3, 1965, 79 Stat. 920; Pub. L. 99-603, title II, §203(a), Nov. 6, 1986, 100 Stat. 3405; Pub. L. 100-525, §2(j), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101-649, title VI, §603(a)(14), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 104-132, title IV, §413(e), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104-208, div. C, title III, §308(g)(10)(C), Sept. 30, 1996, 110 Stat. 3009-625.

Notes from the Office of Law Revision Counsel

current through 10/12/2021

EDITORIAL NOTES

AMENDMENTS

1996-Par. (d). Pub. L. 104-208 substituted "section 1227(a)(4)(B)" for "section 1251(a)(4)(B)".

Pub. L. 104-132 inserted "and is not deportable under section 1251(a)(4)(B) of this title" after "ineligible to citizenship".

1990- Pub. L. 101-649 substituted "1182(a)(3)(E)" for "1182(a)(33)".

1988- Pub. L. 100-525 amended Pub. L. 99-603. See 1986 Amendment note below.

1986- Pub. L. 99-603 as amended by Pub. L. 100-525 inserted "under section 1182(a)(33) of this title or" in introductory provisions and substituted "January 1, 1972" for "June 30, 1948" in section heading and in par. (a).

1965- Pub. L. 89-236 substituted "June 30, 1948" for "June 28, 1940".

1958- Pub. L. 85-616 permitted record of lawful admission to be made in the case of aliens who entered the United States prior to June 28, 1940, authorized the record to be made as of the date of the approval of the application for those who entered subsequent to July 1, 1924, and prior to June 28, 1940, and substituted provisions requiring the alien to satisfy the Attorney General that he is not inadmissible under section 1182(a) of this title insofar as it relates to criminals, procurers and other immoral persons, subversives, violators of the narcotic laws or smugglers of aliens for provisions which required the alien to satisfy the Attorney General that he was not subject to deportation.