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8 U.S.C. § 1259 — Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1259 — Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attorney General that he is not inadmissible under [section 1182(a)(3)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/E&num=0&edition=prelim) or under [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim) insofar as it relates to criminals, procurers and other immoral persons, subversives, violators of the narcotic laws or smugglers of aliens, and he establishes that he— **(a)** entered the United States prior to January 1, 1972; **(b)** has had his residence in the United States continuously since such entry; **(c)** is a person of good moral character; and **(d)** is not ineligible to citizenship and is not deportable under [section 1227(a)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/4/B&num=0&edition=prelim).

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Source location: Title 8, Chapter 12, § 1259; chapter-012-immigration-and-nationality.md

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1151 — Worldwide level of immigration

**(a) In general** Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to— (1) family-sponsored immigrants described in [section 1153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a&num=0&edition=prelim) (or who are admitted under [section 1181(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1181/a&num=0&edition=prelim) on the basis of a prior issuance of a visa to their accompanying parent under [section 1153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a&num=0&edition=prelim)) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; (2) employment-based immigrants described in [section 1153(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/b&num=0&edition=prelim) (or who are admitted under [section 1181(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1181/a&num=0&edition=prelim) on the basis of a prior issuance of a visa to their accompanying parent under [section 1153(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/b&num=0&edition=prelim)), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarte

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1253 — Penalties related to removal

**(a) Penalty for failure to depart** (1) **In general** — Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim), who— (A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court, (B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure, (C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien’s departure pursuant to such, or (D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order, shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim)), or both. (2) **Exception** — It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien’s release from incarceration or custody. (3) **Suspension** — The court may for good cause suspend the sentence of an alien under this subsection and order the alien’s release under such conditions as the c

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1437o — Restriction on use of assisted housing by non-resident aliens

**(a) Conditions for assistance** Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of any alien unless that alien is a resident of the United States and is— (1) an alien lawfully admitted for permanent residence as an immigrant as defined by section 1101(a)(15) and (20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country; (2) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to [section 1259 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1259&num=0&edition=prelim); (3) an alien who is lawfully present in the United States pursuant to an admission under [section 1157 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim) or pursuant to the granting of asylum (which has not been terminated) under [section 1158 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim); (4) an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to [section 1182(d)(5) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 408 — Penalties

**(a) In general** Whoever— (1) for the purpose of causing an increase in any payment authorized to be made under this subchapter, or for the purpose of causing any payment to be made where no payment is authorized under this subchapter, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under subchapter E of chapter 1, or subchapter A or E of chapter 9 of the Internal Revenue Code of 1939, or chapter 2 or 21 or subtitle F of the Internal Revenue Code of 1954) as to— (A) whether wages were paid or received for employment (as said terms are defined in this subchapter and the Internal Revenue Code), or the amount of wages or the period during which paid or the person to whom paid; or (B) whether net earnings from self-employment (as such term is defined in this subchapter and in the Internal Revenue Code) were derived, or as to the amount of such net earnings or the period during which or the person by whom derived; or (C) whether a person entitled to benefits under this subchapter had earnings in or for a particular period (as determined under [section 403(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section403/f&num=0&edition=prelim) for purposes of deductions from benefits), or as to the amount thereof; or (2) makes or causes to be made any false statement or representation of a material fact in any application for any payment or for a disability determination under this subchapter; or (3) at any time makes or causes to be made any false statement or representation of a material fact for use in determining rights to payment under this subchapter; or (4) having knowledge of the occurrence of any event affecting (

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1444 — Photographs; number

**(a)** Three identical photographs of the applicant shall be signed by and furnished by each applicant for naturalization or citizenship. One of such photographs shall be affixed by the Attorney General to the original certificate of naturalization issued to the naturalized citizen and one to the duplicate certificate of naturalization required to be forwarded to the Service. **(b)** Three identical photographs of the applicant shall be furnished by each applicant for— (1) a record of lawful admission for permanent residence to be made under [section 1259 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1259&num=0&edition=prelim); (2) a certificate of derivative citizenship; (3) a certificate of naturalization or of citizenship; (4) a special certificate of naturalization; (5) a certificate of naturalization or of citizenship, in lieu of one lost, mutilated, or destroyed; (6) a new certificate of citizenship in the new name of any naturalized citizen who, subsequent to naturalization, has had his name changed by order of a court of competent jurisdiction or by marriage; and (7) a declaration of intention. One such photograph shall be affixed to each such certificate issued by the Attorney General and one shall be affixed to the copy of such certificate retained by the Service.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1534 — Removal hearing

**(a) In general** (1) **Expeditious hearing** — In any case in which an application for an order is approved under [section 1533(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1533/c/2&num=0&edition=prelim), a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining whether the alien to whom the order pertains should be removed from the United States on the grounds that the alien is an alien terrorist. (2) **Public hearing** — The removal hearing shall be open to the public. **(b) Notice** An alien who is the subject of a removal hearing under this subchapter shall be given reasonable notice of— (1) the nature of the charges against the alien, including a general account of the basis for the charges; and (2) the time and place at which the hearing will be held. **(c) Rights in hearing** (1) **Right of counsel** — The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent the alien. Such counsel shall be appointed by the judge pursuant to the plan for furnishing representation for any person financially unable to obtain adequate representation for the district in which the hearing is conducted, as provided for in [section 3006A of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006A&num=0&edition=prelim). All provisions of that section shall apply and, for purposes of determining the maximum amount of compensation, the matter shall be treated as if a felony was charged. (2) **Introduction of evidence** — Subject to the limitations in subsection (e), the alien shall have a reasonable

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1259 — Record of admission for permanent resi-

Page 381 TITLE 8—ALIENS AND NATIONALITY § 1260 ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1259. Record of admission for permanent resi- dence in the case of certain aliens who en- tered the United States prior to January 1, 1972 A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attor- ney General that he is not inadmissible under section 1182(a)(3)(E) of this title or under section 1182(a) of this title insofar as it relates to crimi- nals, procurers and other immoral persons, sub- versives, violators of the narcotic laws or smug- glers of aliens, and he establishes that he— (a) entered the United States prior to Janu- ary 1, 1972; (b) has had his residence in the United States continuously since such entry; (c) is a person of good moral character; and (d) is not ineligible to citizenship and is not deportable under section 1227(a)(4)(B) of this title. (June 27, 1952, ch. 477, title II, ch. 5, § 249, 66 Stat. 219; Pub. L. 85–616, Aug. 8, 1958, 72 Stat. 546; Pub. L. 89–236, § 19, Oct. 3, 1965, 79 Stat. 920; Pub. L. 99–603, title II, § 203(a), Nov. 6, 1986, 100 Stat. 3405; Pub. L. 100–525, § 2(j), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101–649, title VI, § 603(a)(14), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 104–132, ti

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