8 U.S.C. § 1259

Current through P.L. 117-57 (published on www.congress.gov on 11/12/2021)
Section 1259 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

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.

8 U.S.C. § 1259

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.

EDITORIAL NOTES

AMENDMENTS1996-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.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1996 AMENDMENTSAmendment by Pub. L. 104-208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208 set out as a note under section 1101 of this title.Amendment by Pub. L. 104-132 effective Apr. 24, 1996, and applicable to applications filed before, on, or after such date if final action not yet taken on them before such date, see section 413(g) of Pub. L. 104-132 set out as a note under section 1253 of this title.

EFFECTIVE DATE OF 1990 AMENDMENTAmendment by Pub. L. 101-649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101-649 set out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1988 AMENDMENTAmendment by Pub. L. 100-525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525 set out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1965 AMENDMENTFor effective date of amendment by Pub. L. 89-236 see section 20 of Pub. L. 89-236 set out as a note under section 1151 of this title.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

APPLICABILITY OF NUMERICAL LIMITATIONSPub. L. 99-603, title II, §203(c), Nov. 6, 1986, 100 Stat. 3405, provided that: "The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act [ 8 U.S.C. 1151, 1152 ] shall not apply to aliens provided lawful permanent resident status under section 249 of that Act [ 8 U.S.C. 1259 ]."

Attorney General
The term "Attorney General" means the Attorney General of the United States.
Service
The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
alien
The term "alien" means any person not a citizen or national of the United States.
naturalization
The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
permanent
The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
person
The term "person" means an individual or an organization.
residence
The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.
admission
The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.