1994 US Code
Title 8 - ALIENS AND NATIONALITY
CHAPTER 11 - NATIONALITY
SUBCHAPTER II_2 - SUBCHAPTER II-IMMIGRATION
Part V - Deportation; Adjustment of Status
Sec. 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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Metadata
Publication TitleUnited States Code, 1994 Edition, Title 8 - ALIENS AND NATIONALITY
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 8 - ALIENS AND NATIONALITY
CHAPTER 11 - NATIONALITY
SUBCHAPTER II_2 - SUBCHAPTER II-IMMIGRATION
Part V - Deportation; Adjustment of Status
Sec. 1259 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972
Containssection 1259
Date1994
Laws in Effect as of DateJanuary 4, 1995
Positive LawNo
Dispositionstandard
Source CreditJune 27, 1952, ch. 477, title II, ch. 5, §249, 66 Stat. 219; Aug. 8, 1958, Pub. L. 85-616, 72 Stat. 546; Oct. 3, 1965, Pub. L. 89-236, §19, 79 Stat. 920; Nov. 6, 1986, Pub. L. 99-603, title II, §203(a), 100 Stat. 3405; Oct. 24, 1988, Pub. L. 100-525, §2(j), 102 Stat. 2612; Nov. 29, 1990, Pub. L. 101-649, title VI, §603(a)(14), 104 Stat. 5083.
Statutes at Large References66 Stat. 219
72 Stat. 546
79 Stat. 920
100 Stat. 3405
102 Stat. 2612
104 Stat. 5083
Public Law ReferencesPublic Law 85-616, Public Law 89-236, Public Law 99-603, Public Law 100-525, Public Law 101-649


§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.

(June 27, 1952, ch. 477, title II, ch. 5, §249, 66 Stat. 219; Aug. 8, 1958, Pub. L. 85–616, 72 Stat. 546; Oct. 3, 1965, Pub. L. 89–236, §19, 79 Stat. 920; Nov. 6, 1986, Pub. L. 99–603, title II, §203(a), 100 Stat. 3405; Oct. 24, 1988, Pub. L. 100–525, §2(j), 102 Stat. 2612; Nov. 29, 1990, Pub. L. 101–649, title VI, §603(a)(14), 104 Stat. 5083.)

Amendments

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.

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.

Applicability of Numerical Limitations

Section 203(c) of Pub. L. 99–603 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].”

Cross References

Definition of the term—

Alien, see section 1101(a)(3) of this title.

Attorney General, see section 1101(a)(5) of this title.

Entry, see section 1101(a)(13) of this title.

Ineligible to citizenship, see section 1101(a)(19) of this title.

Lawfully admitted for permanent residence, see section 1101(a)(20) of this title.

Permanent, see section 1101(a)(31) of this title.

Person of good moral character, see section 1101(f) of this title.

Residence, see section 1101(a)(33) of this title.

United States, see section 1101(a)(38) of this title.

Section Referred to in Other Sections

This section is referred to in sections 1252b, 1256, 1444 of this title; title 7 section 2015; title 42 sections 408, 1436a.

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