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THE
ABC'S OF IMMIGRATION - THE REGISTRY
The registry
provides a way for long-term undocumented residents of the US to
legalize their status. It
was first created in 1929, and applied to people who had arrived in
the US before 1921, but was primarily meant to benefit those who entry
records had been lost. Over
the years, the registry has become a method for people who entered the
US unlawfully, or who fell out of valid status, to obtain permanent
residence, subject to certain limitations.
The current registry date is January 1, 1972.
To qualify for the registry, the applicant must prove that they
have resided in the US continuously since that date.
Brief, temporary absences will not affect this, so long as the
US has been the person’s place of residence.
If a person is deported and reenters the US, the period of
residence is ended. However,
if a person accepts voluntary departure, the period of residence is
not terminated.
To qualify for the registry, the applicant must demonstrate good moral
character. Certain
actions automatically prevent a person from showing good moral
character. These include
alcoholism, most drug offenders, gambling, making false statements to
obtain an immigration benefit, conviction of an aggravated felony, and
for any reason being imprisoned for at least 180 days.
Also, people who are deportable are not eligible for the registry,
except for deportation grounds related to an undocumented entry and
status violations. However,
waivers of these grounds are available in some cases.
Applicants for the registry must also not be ineligible for US
citizenship. This means
that the person cannot be unable to obtain naturalization due to
actions taken to avoid military service.
Applicants will be barred from qualifying for the registry for five
years after any failure to appear for a deportation hearing, failure
to act on an order of voluntary departure, failure to comply with a
deportation order, or failure to appear for an asylum hearing.
J-1 visa holders
subject to the two year home residency requirement cannot apply for
the Registry unless they have obtained a waiver of the requirement.
A person who is granted registry is considered a permanent resident as
of the date of approval. A
registry grant can be revoked within five years if it is determined
that the applicant was not eligible.
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