 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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