Registry Relief Under INA Section 249
Historic Relief Option
What is Registry Relief?
Registry, established under Section 249 of the Immigration and Nationality Act, allows certain individuals who have been continuously present in the United States since before January 1, 1972, to adjust their status to lawful permanent resident.
This relief recognizes the deep community ties and contributions of long-term residents who may have entered without inspection or fallen out of status decades ago. Registry acknowledges that after 50+ years of continuous presence, removal would cause extraordinary hardship to both the individual and their community.
Eligibility Requirements
To be eligible for Registry relief, you must:
- Continuous physical presence in the United States since before January 1, 1972
- Good moral character for the statutorily required period
- Not inadmissible under certain criminal, security, or fraud grounds
- Must apply for registry while physically present in the United States
- Must demonstrate eligibility through documentary and testimonial evidence
January 1, 1972 Cutoff Date
Good Moral Character Requirement
Good moral character must be established for the 5-year period immediately preceding the registry application, or since January 1, 1972, whichever is shorter. This is a holistic assessment considering all aspects of an applicant's conduct.
Factors Considered for Good Moral Character
- Criminal history evaluation for the relevant time period
- Tax compliance and payment of taxes owed
- Truthfulness in immigration proceedings and applications
- No involvement in prostitution, illegal gambling, or drug trafficking
- No convictions for crimes involving moral turpitude
- No aggravated felony convictions
- Community ties and positive character evidence
Proving Continuous Presence Since 1972
Proving continuous presence since before 1972 is the most challenging aspect of registry applications. USCIS requires clear and convincing evidence spanning over 50 years. Multiple types of evidence from different time periods strengthen the case.
Primary Evidence
- • Tax returns from 1972 and subsequent years
- • Employment records and W-2 forms
- • School records (applicant or U.S.-born children)
- • Medical records from hospitals, clinics, doctors
- • Bank statements and financial records
- • Birth certificates of U.S.-born children
Secondary Evidence
- • Affidavits from long-term acquaintances
- • Church, union, or organization membership records
- • Insurance policies and claims
- • Property ownership or rental history
- • Utility bills and service connections
- • Court records from civil or family matters
Required Evidence
Strong registry applications typically include:
- Employment records, pay stubs, tax returns from early 1970s
- School enrollment records for applicant or children
- Medical and dental records showing treatment in the U.S.
- Bank records, utility bills, lease agreements from the period
- Birth certificates of U.S.-born children showing applicant as parent
- Affidavits from family, friends, employers, clergy who knew applicant
- Government records (social security, IRS, state/local government)
- Business licenses, professional licenses, or union membership records
Inadmissibility Considerations
Registry may be unavailable if inadmissible for:
- Health-related inadmissibility grounds
- Criminal inadmissibility (crimes involving moral turpitude, controlled substances)
- Security and terrorism-related grounds
- Public charge inadmissibility (if applicable)
- Immigration fraud or misrepresentation
- Previously removed or deported individuals
- Unlawful voters or false claims to U.S. citizenship
Waivers May Be Available
Application Process
Gather Evidence
Collect comprehensive documentation proving continuous presence since before 1972
Prepare Application
Complete Form I-485 with registry-specific documentation and evidence
Submit Application
File I-485 with USCIS along with supporting evidence and fees
Biometrics Appointment
Attend biometrics services appointment for background check
USCIS Interview
Attend adjustment of status interview to review application and evidence
Decision
USCIS approves or denies registry application based on eligibility
Green Card Issuance
If approved, receive permanent resident card and begin maintaining status
Registry vs. Other Relief Options
Registry vs. Cancellation of Removal
Registry requires presence since 1972 but provides direct adjustment. Cancellation requires 10 years presence but needs extreme hardship showing.
Registry vs. Family-Based Petitions
Registry doesn't require family petitioner or wait for priority dates. However, unlawful presence bars may apply to family-based adjustment.
Registry vs. Special Immigrant Status
Registry has fewer requirements than many special immigrant categories but requires the unique 1972 presence element.
Common Challenges
Documentation Challenges
- • Records from 1970s often destroyed or lost
- • Many applicants worked in cash economy
- • Language barriers prevented record-keeping
- • Fear of authority prevented official interactions
- • Technology limitations of the era
Evidence Solutions
- • Multiple corroborating witness affidavits
- • Creative records searches (churches, unions)
- • Professional genealogical research
- • Government records requests (IRS, SSA)
- • Circumstantial evidence compilation
Filing Fees and Processing
Filing Fees
Processing Time
Benefits of Registry Relief
Advantages of Registry
- Direct path to permanent residence without family petitioner
- No priority date wait times or annual numerical limitations
- Recognition of long-term community ties and contributions
- Available even if previously worked without authorization
- Can include spouse and unmarried minor children as derivatives
Strategic Considerations
Important Strategic Points
- Start evidence gathering early - some records may still be obtainable
- Interview elderly family/community members who can provide affidavits
- Consider professional genealogical research for difficult cases
- Address any criminal or inadmissibility issues before filing
- Strong legal representation essential given evidence complexity
Critical Warnings
Important Cautions
- False claims of presence can result in fraud findings and permanent bars
- USCIS may refer weak cases to removal proceedings
- Burden of proof is on applicant to establish every element
- No appeals to immigration court - only federal court review available
Legislative Update Efforts
Registry Date Modernization
Various legislative proposals have sought to update the 1972 registry date to reflect modern immigration realities. The Registry Update Act would move the date to allow individuals present since before 2009 to apply.
While no update has been enacted, registry remains available under current law for those who can establish the 1972 requirement.