AMNESTY by BUSH - The Truth about Section 245(i)

March 19th, 2002 | Compiled by Sabertooth

[Sabertooth]

AMNESTY by BUSH
The Truth about Section 245(i)

H.R.1885

Enhanced Border Security and Visa Entry Reform Act of 2002 (Engrossed House Amendment)

---

SEC. 607. EXTENSION OF DEADLINE FOR CLASSIFICATION PETITION AND LABOR CERTIFICATION FILINGS.

(a) IN GENERAL- Section 245(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(1)) is amended--

(1) in subparagraph (B)--

(A) in clause (i), by striking `on or before April 30, 2001; or' and inserting `on or before the earlier of November 30, 2002, and the date that is 120 days after the date on which the Attorney General first promulgates final or interim final regulations to carry out the amendments made by section 607(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002; or'; and

(B) in clause (ii) by striking `on or before such date; and' and inserting `before August 15, 2001;';

(2) in subparagraph (C), by adding `and' at the end; and

(3) by inserting after subparagraph (C) the following:

`(D) who, in the case of a beneficiary of a petition for classification described in subparagraph (B)(i) that was filed after April 30, 2001, demonstrates that--

`(i) the familial relationship that is the basis of such petition for classification existed before August 15, 2001; or

`(ii) the application for labor certification under section 212(a)(5)(A) that is the basis of such petition for classification was filed before August 15, 2001;'.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect as if included in the enactment of the Legal Immigration Family Equity Act (114 Stat. 2762A-142 et seq.), as enacted into law by section 1(a)(2) of Public Law 106-553.

Amend the title so as to read `An Act to enhance the border security of the United States, and for other purposes.'.
LINK

This is the relevant provision of HR 1885 to Section 245(i) of the Immigration and Naturalization Code. All it does is extend application deadlines under 245(i).

Here's a LINK to H.R.1885 in its entirety.

INS Memo: Sec. 245(i) filings

Section 245 of the Act allows an alien to apply for adjustment of status to that of a lawful permanent resident (LPR) while in the United States if certain conditions are met. The alien must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence, and, with some exceptions, have maintained lawful nonimmigrant status. The alien must also not have engaged in unauthorized employment.
Section 245(i) of the Act allows an alien to apply to adjust status under section 245 notwithstanding the fact that he or she entered without inspection, overstayed, or worked without authorization.
LINK.

Last week's 245(i) extension was specifically about illegals.
Letting Illegals stay = Amnesty for those Illegals.

How Do I Benefit From Section 245(i)?
(from INS website)

Our immigration laws allow qualified individuals to enter the United States as lawful permanent residents ("green card" holders) after they obtain immigrant visas from a consulate or embassy outside the United States or, for many immigrants already lawfully in the United States, through a process called "adjustment of status." If you entered the United States unlawfully, if you entered with permission but did not stay in lawful status, or if you worked without permission, you normally would have to leave the United States in order to apply for an immigrant visa. Special rules under section 245(i) may allow you to apply to adjust status without leaving the United States.

You might need section 245(i) if you:

• Entered the U.S. without being inspected by an INS official.
  
• Stayed in the U.S. longer than allowed by INS.
  
• Entered the U.S. as a worker on an aircraft or ship (crewman).
  
• Entered the U.S. as a "Transit Without Visa."
  
• Failed to continuously maintain a lawful status since your entry into the US.
  
• Worked in the U.S. without INS permission.
  
• Entered as an "S" nonimmigrant (relates to witnesses about criminal or terrorism matters).
  
• Are seeking a work-related visa and are out of status at the time of filing the application to adjust status (Form I-485).
  
• Worked in the U.S. while being an "unauthorized alien."

LINK

Again, what we see here are more instances of how Section 245(i) applies specifically to Illegals.

Extending a deadline for Illegals to "adjust status" means that more Illegals will be staying in the U.S., but they will be legalized for a fee of $1,000. That's Amnesty.

Some, I'm certain, will prefer not to believe their lying eyes.

[ATR]

Nobody claimed it says that.

[DJ88]

"Nobody claimed it says that."

And nobody claimed that it didn't. That's my whole point. People here tend to read what they want into this whole bill, just like they do CFR, etc. They only see what they want to see. It takes a whole lot of time and effort to actually read the whole bill to find all the small print and digest it. I'm still in the process of doing that. Yet there are people here who are ready to jump on Robert Byrd's back like a bunch of sheeple when he did nothing to stop the last president with getting away with lying under oath, obstructing justice, etc.

It's really kind of funny.

[Joe Hadenuf]

But its not amnesty! Its, its called 245i! Yes that's it, its 245i!

[Dave S]

I am begging to get an answer to this question: if these people are illegal, than how would they possibly be able to get Social Security, Welfare, etc. if they are not legal aliens of the US? And if they are, then someone is paying them to get illegal documentation, and I want to know who that is. Those are the people we should be looking for, aren't they?

I agree. If these people arent citizens or legal green card holders then they dont qualify for social security or welfare or any of that. They probably would get treated at major hospitals but not paid for by the government. I think some are blowing smoke about all the aid going to illegals.

[EBUCK]

Who is going to patrol it? How about recruit Marines, extend boot camp 1 month and have them spend time on the border. I'm still waiting on Marine_Inspector to give me some numbers pertaining to this but I know that there are about 2000 marine recruits in boot at any one time. I'll be able to give better numbers soon.

EBUCK

[DJ88]

That's a good idea. But considering we're in the middle of a War on Terror, and Congress doesn't even want to give the money up to patrol the skies over parts of NYC anymore, exactly how would we convince them to do this?

[Joe Hadenuf]

And it's not, it was directed at about 200,000 people to reunite families,

Where did you get this figure? Specifically? I cannot find your source.

[DJ88]

Gee, ya think? Nah. Couldn't be. My brother-in-law came over here from Mexico, got his green card and became a US Citizen. He works his butt of 14 hours a day, and he got his Mom and his 12-year old brother over here, too. HOWEVER...because of BUREAUCRATIC SNAFUS by the INS, she could not make it here for his wedding. They screwed up her paperwork, and even though it was their mistake, there was nothing they would do to rectify it. He wouldn't allow her to come over illegally, because a)it was against what he believed in and b)it was way too dangerous. So, she missed her first-born son's wedding, even though they applied for a temporary visa 2 years in advance and they as in WE, screwed up the paperwork. Yet, here's a guy who works hard, pays all his bills, went through the system, and it still smacked him in the face. Is he bitter? No.

And do you know what he thinks? He thinks the Democrats are a bunch of HYPOCRITES. They say one thing, do another. Ha. And the funniest part is, he is married to a DEMOCRAT. HE is a registered Republican. I am so proud.

He's one of those people whose "paperwork" got messed up. It HAPPENS. ;-)

[Dave S]

And please show me any quote where Bush says, everybody come to the US. Just one

Oh, please! Have you been paying any attention at all to Bush's position on this issue? The man is VERY pro-immigration. Below are just a few quotes:

"We ought to increase legal immigration for our country's advantage. The high-tech world we are now dominating is dependent on educated folks, but we're short...of workers. It is to our nation's advantage to encourage high-powered, smart people to come into our country." (Iowa Gazette, Jan. 6, 2000)

"I intend to reform the INS to make it more welcoming to immigrants." (National Review Online, June 27, 2000 - Address to League of United Latin American Citizens)

"People [in the INS] ought to be asking 'How can I help you, what can I do to help you fill out paperwork? We ought to be saying loud and clear to people that the INS is to help families and to help people understand the maze of rules and regulations." (Washington Times, June 27, 2000 - Address to Congress of Racial Equality)

"Immigration is not a problem to be solved. It is a sign of a confident and successful nation. And people who seek to make America their home should be met in that spirit by representatives of our government. New arrivals should be greeted not with suspicion and resentment, but with openness and courtesy." (July 10, 2001 - Speech at INS Naturalization Cermony, New York City)

Besides not showing any proof that Bush wants to let everybody come in, did you notice anything about the dates on all your quotes. In case you cant see it, they are prior to 9/11.

[Dane]

Do you have any reasoned statement to make in favor of 245(i), or unsecured borders, or mass immigration, or having more than 10 million unauthorized foreign nationals in the US, or the other factual issues raised in this thread?

Yes because 245(i) let's people caught up in INS ineptness get greencards. An amount of near 200,000 people. It is not a blanket amnesty.

We had 96 months of Clinton ineptness at the INS and it has to be fixed and it seems Byrd doesn't want that to happen.

Also the President wants to secure the borders, but not to the point where we cut off all economic ties with our second biggest trading partner Mexico. Like it or not we share a 2000 mile border with Mexico and they will always be there to deal with. I know you wish that Mexico would just go away, but they are not.

As for the unauthorized 10,000,000 people in this country, the vast majority do menial but yet needed jobs and yes jobs most Americans won't do.

They do help the economy.

[Dave S]

Proof? Read the legislation and the pertinent INS definitions of those who fall under Section 245(i). They're Illegals. Legal foreign nationals fall under Section 245.

Huh? 245(i)is part of section 245. What are you talking about. 245(i) doesnt mean illegals, it means subsection i under section 245. Again proof?

[Sabertooth]

245(i)is part of section 245. What are you talking about. 245(i) doesnt mean illegals, it means subsection i under section 245. Again proof?

That's a fallacy of False Distinction.

Once again...

Section 245 of the Act allows an alien to apply for adjustment of status to that of a lawful permanent resident (LPR) while in the United States if certain conditions are met. The alien must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence, and, with some exceptions, have maintained lawful nonimmigrant status. The alien must also not have engaged in unauthorized employment. Section 245(i) of the Act allows an alien to apply to adjust status under section 245 notwithstanding the fact that he or she entered without inspection, overstayed, or worked without authorization.
LINK.

You're correct, 245(i) is a subsection of 245. It's the subsection that applies to certain Illegals.

Ignoring proof is not synonymous with proving the contrary.

[Howlin]

These were a set of quotes to show that he is pro-immigration, generally. And at various times Bush speaks out for both high levels of legal immigration and, using codewords, legalizing illegal immigrants.

That, of course, is YOUR interpretation of what you believe Bush says.

He also speaks out AGAINST strengthening control of the borders.

Post it right here, the exact quote.

[Dave S]

Sure, Byrd gave a speech yesterday saying he was against 245(i) at this time. Sure, Byrd is a porkmaster and was already holding up the (good) border security bill before this 245(i) fiasco appeared. Are we all automatically wrong now?

Byrd just want to make sure that he gets enough "BorderPatrol guard" jobs in West Virginia and that they get their fair share or more of border stations and fence. Why should California and Arizona get more Border Patrol than West Virginia? LOL. He probably wants the revamped INS headquartered in WV.

[Howlin]

The effects of failing to control the border will serve as the excuses given for issuing national ID. 9/11 in part was a failure to control the border -- and now we have the Orwellian "Patriot" act. You can either have a secure border or you can have a police state. Pick one.

Then you should be really happy; you'll always have an "ISSUE" to carp about.

You just cannot win with you people.

[EBUCK]

I don't know how to convince them. I just think it's a good idea. And I'm not the first to give it a voice.

EBUCK

[majordivit]

Jorge Bush also campaigned on dismantling the INS. His proposal was to split it into two parts. Now I am a conservative. I believe in drastically reducing the size of government. But that doesn't mean I don't think there is a proper place for government. Of all the departments in the Federal Government to chop up, Jorge Bush wants to chop up the INS! It's unbelievable!

Also, in my opinion, that so called beaurocratic snaffu regarding the visa paperwork for the two terrorists which belately arrived at the Florida flight school nine months late was deliberate. Notice how the paperwork magically arrived one day after the house vote. Notice how no heads in the INS rolled. After this so called INS screw up, Jorge Bush can say, look, this snaffu underscores the need to reform the INS!! Of course, neither part of Bush's 'new' INS will address deporting any of the illegals including the ones who do not qualify for amnesty under the 245i extension.

[Howlin]

I sure don't. There are some tremendous "leaps in logic" going on on the other side of this issue.

[deport]

Shucks Why not both... a fenced in border and a police state to make people show their papers. That's doable if we just put the resources to it.... Heck we can go find some of the unemployed that Willie post about all the time and put them back to work. Kinda like in the CCC days.... building those fences and manning the check points..... Now where is that tax money.... guess I'll have to give back my muffler

[Dave S]

Enter HR 1885 in the bill number search field, and click search. Then click on option #1. On the next page you'll see an outline for the entire 1885 legislation. For the 245(i) mods, scroll down to Sec. 607 at the bottom, and click.

And all that shows is a change of effective dates. None of the dire calamities you say is in the bill. Where is the proof?