
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1259]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                 Part V--Adjustment and Change 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
        
    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, Sec. 249, 66 Stat. 219; Pub. 
L. 85-616, Aug. 8, 1958, 72 Stat. 546; Pub. L. 89-236, Sec. 19, Oct. 3, 
1965, 79 Stat. 920; Pub. L. 99-603, title II, Sec. 203(a), Nov. 6, 1986, 
100 Stat. 3405; Pub. L. 100-525, Sec. 2(j), Oct. 24, 1988, 102 Stat. 
2612; Pub. L. 101-649, title VI, Sec. 603(a)(14), Nov. 29, 1990, 104 
Stat. 5083; Pub. L. 104-132, title IV, Sec. 413(e), Apr. 24, 1996, 110 
Stat. 1269; Pub. L. 104-208, div. C, title III, Sec. 308(g)(10)(C), 
Sept. 30, 1996, 110 Stat. 3009-625.)


                               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.


                    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 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.


                 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].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1229a, 1229c, 1256, 1444, 
1534 of this title; title 7 section 2015; title 42 sections 408, 1436a.
