Registry Under INA § 249

Pursuant to INA § 249, a record of lawful admission for permanent residence may be authorized by the Attorney General in the exercise of discretion in the case of any alien who has no such record of admission and who:

                        (a) entered the United States prior to January 1, 1972;

                        (b) has had 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 removable under § 237(a)(4)(B).

An applicant under § 249 must establish that s/he is not removable as a terrorist or Nazi, and is not inadmissible under §212(a) insofar as it relates to criminals, procurers and other immoral persons, subversives, violators of narcotics laws and alien smugglers.

In proving that s/he is a person of good moral character, an applicant for registry may be able to meet his/her burden of proof by establishing that s/he is now a person of good moral character and that s/he has been such for a reasonable period of time. Past deed will, however, reflect on current character. (Matter of Sanchez-Linn, 20 I & N Dec. 362, BIA 1991).

An alien is not eligible for registry if s/he has previously had a record of lawful admission into the United States. (Matter of M-P-, 9 I & N Dec. 747(BIA 1968).

 

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