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Title 8 — Aliens and Nationality

Part V · Chapter 12 — Immigration and Nationality

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

Statutory text

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 , 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 ;

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 82–477 · 66 Stat. 609

    Enacted · 8 U.S.C. § 1259

    June 27, 1952, ch. 477, title II, ch. 5, § 249, 66 Stat. 219

    Source evidence

    Code source credit
    June 27, 1952, ch. 477, title II, ch. 5, § 249, 66 Stat. 219

  2. Pub. L. 85–616 · 72 Stat. 546

    Substituted · 8 U.S.C. § 1259

    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

    Source evidence

    Code amendment note
    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.

  3. Pub. L. 89–236 § 19 · 79 Stat. 911

    Substituted · 8 U.S.C. § 1259

    Pub. L. 89–236 substituted “June 30, 1948” for “June 28, 1940”

    Source evidence

    Code amendment note
    Pub. L. 89–236 substituted “June 30, 1948” for “June 28, 1940”.

    Enacted provision · exact public law section
    Sec. 19. Section 249 of the Immigration and Nationality Act (66 72 Stat. 546. Stat. 219; 8 U.S.C. 1259) is amended by striking out “June 28, 1940” in clause (a) of such section and inserting in lieu thereof “June 30, 1948.”

  4. Pub. L. 99–603 title II § 203(a) · 100 Stat. 3359

    1. Amended · 8 U.S.C. § 1259

      Pub. L. 99–603, as amended by Pub. L. 100–525

    2. Inserted · 8 U.S.C. § 1259

      Pub. L. 99–603, as inserted “under section 1182(a)(33) of this title or” in introductory provisions

    3. Substituted · 8 U.S.C. § 1259

      Pub. L. 99–603, as substituted “January 1, 1972” for “June 30, 1948” in section heading and in par. (a)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (a) In General.— Section 249 (8 U.S.C. 1259) is amended— (1) by striking out “june 30, 1948” in the heading and inserting in lieu thereof “january 1, 1972”, and (2) by striking out “June 30, 1948” in paragraph (a) and inserting in lieu thereof “January 1, 1972”.

  5. Immigration Technical Corrections Act of 1988

    Pub. L. 100–525 § 2(j) · 102 Stat. 2609

    Amended · 8 U.S.C. § 1259

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

    Source evidence

    Code amendment note
    Pub. L. 100–525 amended Pub. L. 99–603. See 1986 Amendment note below.

    Enacted provision · exact public law section
    (j) Section 203 of IRCA.— Section 203(a) of IRCA is amended— (1) by striking “and” at the end of paragraph (1), (2) by redesignating paragraph (2) as paragraph (3), and (3) by inserting after paragraph (1) the following new paragraph: “(2) by inserting ‘under section 212(a)(33) or’ after ‘inadmissible’, and”.

  6. Immigration Act of 1990

    Pub. L. 101–649 title VI § 603(a)(14) · 104 Stat. 4978

    Substituted · 8 U.S.C. § 1259

    Pub. L. 101–649 substituted “1182(a)(3)(E)” for “1182(a)(33)”

    Source evidence

    Code amendment note
    Pub. L. 101–649 substituted “1182(a)(3)(E)” for “1182(a)(33)”.

    Enacted provision · exact public law section
    (14) Section 249 (8 U.S.C. 1259) is amended by striking “212(a)(33)” and inserting “212(a)(3)(E)”.

  7. Pub. L. 104–132 title IV § 413(e) · 110 Stat. 1214

    Inserted · 8 U.S.C. § 1259(d)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–132 inserted “and is not deportable under section 1251(a)(4)(B) of this title” after “ineligible to citizenship”.

    Enacted provision · exact public law section
    (e) Registry.— Section 249(d) of such Act (8 U.S.C. 1259(d)) is amended by inserting “and is not deportable under section 241(a)(4)(B)” after “ineligible to citizenship”.

    Effective date note
    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.

  8. Department of Education Appropriations Act, 1997

    Pub. L. 104–208 div. C title III § 308(g)(10)(C) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1259(d)

    Pub. L. 104–208 substituted “section 1227(a)(4)(B)” for “section 1251(a)(4)(B)”

    Source evidence

    Code amendment note
    Par. (d). Pub. L. 104–208 substituted “section 1227(a)(4)(B)” for “section 1251(a)(4)(B)”.

    Enacted provision · exact public law section
    Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

    Effective date note
    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.

8 of 10 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1958–1996 · 6 rounds

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 “” for “” in section heading and in par. (a).

1965

Pub. L. 89–236 substituted “” for “”.

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 , authorized the record to be made as of the date of the approval of the application for those who entered subsequent to , and prior to , 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 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 , 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 , 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 , 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), , 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].”

Credits

1952–1996 · 8 acts
  1. 1952June 27, 1952, ch. 477, title II, ch. 5, § 249, 66 Stat. 219
  2. 1958Pub. L. 85–616, , 72 Stat. 546
  3. 1965Pub. L. 89–236, § 19, , 79 Stat. 920
  4. 1986Pub. L. 99–603, title II, § 203(a), , 100 Stat. 3405
  5. 1988Pub. L. 100–525, § 2(j), , 102 Stat. 2612
  6. 1990Pub. L. 101–649, title VI, § 603(a)(14), , 104 Stat. 5083
  7. 1996Pub. L. 104–132, title IV, § 413(e), , 110 Stat. 1269
  8. 1996Pub. L. 104–208, div. C, title III, § 308(g)(10)(C), , 110 Stat. 3009–625.
Show as published

(June 27, 1952, ch. 477, title II, ch. 5, § 249, 66 Stat. 219; Pub. L. 85–616, , 72 Stat. 546; Pub. L. 89–236, § 19, , 79 Stat. 920; Pub. L. 99–603, title II, § 203(a), , 100 Stat. 3405; Pub. L. 100–525, § 2(j), , 102 Stat. 2612; Pub. L. 101–649, title VI, § 603(a)(14), , 104 Stat. 5083; Pub. L. 104–132, title IV, § 413(e), , 110 Stat. 1269; Pub. L. 104–208, div. C, title III, § 308(g)(10)(C), , 110 Stat. 3009–625.)

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