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

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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.(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 NotesAmendments

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.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendments

Amendment 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 Amendment

Amendment 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 Amendment

Amendment 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 Amendment

For 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 Functions

For 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 Limitations

Pub. 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].”

Notes of Decisions

Cited in 96 cases (3 in the last 5 years), 1955–2026 · leading case: Octavia Beltran-Tirado,petitioner v. Immigr. & Naturalization Serv., 213 F.3d 1179 (9th Cir. 2000).

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Octavia Beltran-Tirado,petitioner v. Immigr. & Naturalization Serv., 213 F.3d 1179 (9th Cir. 2000). · cites it 8× “Beltran then attempted to acquire lawful permanent residence in this country by applying for “registry” under 8 U.S.C. § 1259 . 1 The Board of Immigration Appeals denied her request on the ground that her use of a false Social Security number constituted crimes of “moral…”

Matovski v. Gonzales, 492 F.3d 722 (6th Cir. 2007). · cites it 4× “§ 1229c; and [(v)] registry, 8 U.S.C.S. § 1259 ." Detroit Free Press v.”

Reynaldo Angulo-Dominguez v. John Ashcroft, Attorney Gen., 290 F.3d 1147 (9th Cir. 2002). · cites it 3× “INA § 249, 8 U.S.C. § 1259 . Following the parties’ initial briefing, we ordered additional briefing, in light of INS v.”

Gutierrez v. Holder, 662 F.3d 1083 (9th Cir. 2011). · cites it 2× “According to 8 U.S.C. § 1259 , the statute under which Gutierrez was denied registry, the IJ may grant registry if the alien establishes certain facts, including that he is of good moral character.”

Serrato-Soto v. Holder, 570 F.3d 686 (6th Cir. 2009). · cites it 3× “Beltran sought lawful permanent residence by applying for “registry” under 8 U.S.C. § 1259 . 5 The BIA denied her request on the ground that her use of a false social security number constituted a crime involving moral turpitude, which precluded her from demonstrating the…”

Idelfonso Manzo-Fontes v. Immigr. & Naturalization Serv., 53 F.3d 280 (9th Cir. 1995). · cites it 5× “He sought relief from deportation under section 249 of the Immigration and Nationality Act (“the Act”), 8 U.S.C. § 1259 . The IJ concluded that Manzo-Fontes was statutorily ineligible for relief because he had not “resided in the United States continuously” since his entry in…”

Oyenike Alaka v. Attorney Gen. of the United States Sec'y of Dep't of Homeland Sec., 456 F.3d 88 (3rd Cir. 2006). “§ 1227 (a)(7)(B) ("the sole discretion of the Attorney General”); 8 U.S.C. § 1259 ("in the discretion of the Attorney General”); 8 U.”

Hyder v. Keisler, 506 F.3d 388 (5th Cir. 2007). · cites it 2× “moved to deport her in 1993, Beltran applied for permanent resident status under the “registry” statute, 8 U.S.C. § 1259 , 3 but the immigration judge denied her application because it found that her prior offense was a CIMT that precluded her from meeting the statutory…”

Mrvica v. Esperdy, 376 U.S. 560 (1964). · cites it 5× “163 , 219, 8 U. S. C. § 1259 , which in certain circumstances permits an alien illegally in this country to apply for a record of lawful admission into the United States for permanent residence.”

Eligio Valdiviez-Hernandez v. Eric Holder, Jr., 739 F.3d 184 (5th Cir. 2013). · cites it 2× “See INA § 249, 8 U.S.C. § 1259 . Valdiviez asserts that the INA does not automatically disqualify aliens with criminal records, but rather requires consideration of several factors to determine whether the alien is of good moral character.”

Detroit Free Press v. John Ashcroft, 303 F.3d 681 (6th Cir. 2002). “§ 1229c; and (iv) registry, see 8 U.S.C. § 1259 . 14 . At best, the Government's claimed "historical proof” shows only that in some cases, there may not be much historical record.”

Trevor A. Waldron v. Immigr. & Naturalization Serv., 17 F.3d 511 (2d Cir. 1994). “8 U.S.C. § 1259 (1988 & Supp. IV 1992). .”

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