Under the "Registry" Provision of the INA
Background
If you have been present in the United States since January 1, 1972,
you may be eligible for the “registry” provisions of
our immigration laws which would allow you to obtain lawful permanent
residence even if you are illegally in the United States now, or
if you initially entered the U.S. illegally.
Who
Is Eligible?
You are eligible to apply for permanent residence based on 8 CFR
249 if you:
- Entered
the United States prior to January 1, 1972;
- Have continuously
resided in the United States since entry;
- Are a person
of good moral character;
- Are neither
ineligible for citizenship, except for the requirement of five
years of lawful permanent residence, nor inadmissible for participation
in terrorist activities, certain criminal or security grounds,
or for alien smuggling;
- Never participated
in Nazi persecutions or genocide;
- Have no other
way of becoming a Lawful Permanent Resident.
Note: Any alien
who has at any time engaged in terrorist activities is ineligible
for registry. Further, any alien who fails to appear at a removal
hearing, or who fails to depart after agreeing to voluntary departure,
is ineligible for registry for a period of ten years.
How Do I Apply?
You must submit a completed Form I-485 with filing fee, and a completed
Form G-325A with evidence that you have continuously resided in
the United States prior to January 1, 1972, to the INS district
office having jurisdiction over the place in which you live. You
must establish that you are eligible and that registry should be
granted in the exercise of discretion. There is no appeal from the
decision of the District Director but your application may be renewed
in front of an Immigration Judge.
Will
I Get a Work Permit?
Applicants who are inside the United States and have filed Form
I-485 (Application to Register Permanent Residence or Adjust Status)
are eligible to apply for a work permit while their case is pending.
You should use Form I-765 to apply for a work permit.
You do not need
to apply for a work permit once you are accorded permanent resident
status. As a lawful permanent resident, you should receive a permanent
resident card that will provide evidence that you have a right to
live and work in the United States permanently. Please see How Do
I Get a Work Permit? for more information.
Can
I Travel Outside the United States….
…While I Am Waiting for My Application Under the Registry
Provision to be Processed?
If an alien
obtains Advance Parole from the INS following approval of a Form
I-131, he or she may travel outside of the United States and return
without jeopardizing their registry application. However, any alien
who has accrued more than 180 days of unlawful presence in the United
States and then travels outside the United States is inadmissible
for a period of 3 to 10 years. Registry applicants have, by definition,
accrued long periods of time in unlawful status. If you are applying
for permanent residence using the section 249 registry provisions,
you should not travel outside of the United States without first
obtaining advance parole from the Service, or you will be unable
to return to the United States.
…If I
Have Already Registered for Lawful Permanent Resident Status?
Yes. Any alien
who has been granted lawful permanent resident status under “registry”
may travel overseas and be readmitted as a returning permanent resident
without having to apply for admission for travels that are six months
or shorter. All lawful permanent residents who travel outside of
the U.S. for periods longer than six months must reapply for admission
at the Port-of-Entry.
How
Can I Check the Status of My Application?
To check the status of your application, you should be prepared
to provide the specific information about your application, such
as the ten-digit receipt number printed on your Form I-797 or your
Alien Registration Number, name, and date of birth. Please click
here for complete instructions on checking the status of your application
online.
Can
Anyone Help Me?
If advice is needed, you may contact a local lawyer for a legal
advice. Click Here to contact a lawyer.
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