The Registry Provision: A Path to Legal Status for Undocumented Immigrants

Current immigration law in the United States contains a provision known as the "registry," offering a pathway to Lawful Permanent Resident (LPR) status for certain non-citizens who have long-term residency in the country. Despite being either undocumented or under temporary immigration status, individuals meeting specific criteria can register for LPR status, provided they entered the U.S. on or before the designated "registry date." This article explores the history and significance of the registry provision, its eligibility requirements, and the potential impact of advancing the registry date.

A Brief History of the Registry Provision

The registry provision was first introduced in 1929 and applied to non-citizens who met specific conditions, including entry before June 3, 1921, continuous residence, good moral character, and no deportability under immigration laws. Over time, amendments expanded the provision. In 1958, the registry date was pushed to June 28, 1940, and the requirement of non-deportability was eliminated. This change allowed non-citizens who had entered without inspection or overstayed visas to apply for LPR status. Subsequent revisions occurred in 1965 and, most recently, in 1986, when the registry date was set at January 1, 1972.

Current Eligibility Requirements for Registry

To be eligible for registry, non-citizens must meet specific criteria, including:

  1. Entry to the U.S. prior to January 1, 1972.
  2. Continuous residence in the U.S. since entry.
  3. Physical presence in the U.S. at the time of application.
  4. Demonstrated good moral character.
  5. Not being inadmissible under certain grounds or eligible for a waiver of inadmissibility.
  6. Not being ineligible for citizenship or deportable on terrorist-related grounds.
  7. Meriting a favorable exercise of discretion.
  8. Submitting an adjustment of status application (Form I-485) with the appropriate fee to U.S. Citizenship and Immigration Services.

Impact of the Registry Provision

Tens of Thousands Benefiting from the Registry Provision

After the registry date was last advanced in 1986, tens of thousands of non-citizens obtained LPR status through the registry provision. Government data reveals that between Fiscal Year (FY) 1985 and FY 1989, 58,914 individuals became LPRs through registry. However, as the registry date moved further into the past, the number of eligible applicants decreased significantly. In the 1990s, only 11,191 non-citizens benefitted from this provision, with further declines to 2,319 in the 2000s and 911 in the 2010s.

A Potential for Millions to Benefit

Congress retains the authority to advance the registry date once more, potentially allowing millions of long-term residents in the U.S. to apply for LPR status. Data from the Department of Homeland Security indicates that as of 2018, 47 percent of undocumented immigrants (5.4 million people) arrived in the U.S. before 2000, while another 37 percent (4.2 million) arrived between 2000 and 2009. Depending on the extent of advancement, a substantial portion of these long-term undocumented residents could qualify for registry. For instance, updating the registry date to 2010 could potentially make 6.8 million undocumented immigrants eligible to apply for LPR status.

Inclusivity of Non-Citizens with Temporary Status

Furthermore, the eligibility for registry might extend to noncitizens with temporary status, such as individuals with Temporary Protected Status (TPS) and temporary workers whose LPR status applications are stuck in visa backlogs. Congress can achieve this simply by amending the registry date in existing immigration law.

Conclusion

The registry provision has played a crucial role in offering a path to legal status for long-term residents who may have initially lacked proper documentation or overstayed their visas. While the number of beneficiaries has decreased as the registry date receded into the past, there remains a potential to assist millions of undocumented immigrants in obtaining LPR status through a new advancement of the registry date. This policy change could not only provide a legal pathway to those who have contributed to American society but also enhance the inclusivity of the nation's immigration system. The decision ultimately lies with Congress, as it holds the power to rewrite the future of countless non-citizens seeking to become lawful residents and, eventually, U.S. citizens.



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