PRIA Logo™
Take the PRIA Score
Title 8 — Aliens and NationalityRelease 119-73

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

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— - IMMIGRATION › Part Part V— - Adjustment and Change of Status › § 1259

Last updated Apr 6, 2026|Official source

Summary

The Attorney General can make an official record showing a noncitizen was lawfully admitted for permanent residence when no other record exists. The record date can be the date the application was approved or, if the person entered before July 1, 1924, the date they entered. This can only be done under rules the Attorney General creates and if the person is not barred under section 1182(a)(3)(E) or under section 1182(a) for crimes, procurers or other immoral persons, subversives, narcotics violators, or alien smugglers. To get this record, the person must have entered the United States before January 1, 1972, lived in the United States continuously since that entry, have good moral character, and not be barred from citizenship or deportable under section 1227(a)(4)(B).

Full Legal Text

Title 8, §1259

Aliens and Nationality — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

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 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 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 section 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].”

Reference

Citations & Metadata

Citation

8 U.S.C. § 1259

Title 8 — Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73