The Registry

The registry enables certain undocumented aliens to become Lawful Permanent Residents (LPR's) of the United States.

The registry was created in 1929. It applied to aliens arriving in the U.S. before 1921. Its purpose was to assist those with lost records. But the registry can now provide a path to LPR status for those who entered the US unlawfully or whose lawful status has lapsed, with certain restrictions.

To qualify for the current registry, an applicant must prove that (s)he has resided in the US continuously since January 1, 1972. Brief, temporary absences are allowed, provided the applicant has maintained primary residence inside the U.S. Deportation and re-entry ends such U.S. residence. But if the applicant accepts voluntary departure (a deportation remedy for non-criminal aliens), the period of residence is not terminated.

To qualify for the registry, an applicant must prove good moral character. Certain acts preclude establishing good moral character. Among them are alcoholism, most drug offenses, gambling, making false statements to procure an immigration benefit, conviction of an aggravated felony, and imprisonment for at least 180 days for any reason.

Deportable aliens are also ineligible for the registry, except for grounds related to undocumented entry and status violations. Waivers of these grounds are available in some instances. Registry applicants must also not be ineligible for US citizenship -- i.e., ineligible to naturalize due to avoiding military service. Applicants are barred from qualifying for the registry for five years after any failure to appear for a deportation hearing, depart after an order of voluntary departure, comply with a deportation order, or appear for an asylum hearing. J-1 visaholders subject to the two year home residency requirement are also barred from the registry unless they secure a waiver.

An alien granted registry is considered a Lawful Permanent Resident effective on the approval date. Registry can be revoked if the alien is later determined ineligible.

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Please note: The information at this page is general in nature. It does not create an attorney- client relationship. You rely on it at your own risk. We urge you to consult with qualified immigration counsel for help with your own immigration situation.

Copyright 2005-2008 Everett P. Anderson. All rights reserved.