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)

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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.

[Dave S]

We have a few dozen shills (if that many) who keep telling us that we're xenophobic idiots who refuse to read the bill, while they haven't read it themselves and instead are defending the ABC News version.

Instead of calling us shills, why dont YOU post the entire Senate Bill thats being debated here. Then we can see if what you saying is in the current bill or if youve gotten yourself lost in a 2000 bill introduced by some flaming lib.

[WRhine]

Looks like we are swimming in Bush-Bots today. They must have got their latest talking points from the WH. I find it absolutely amazing how otherwise intelligent people can have a difficult time understanding the plain English wording of the 245I bill. What else can you say?

I have come to the conclusion that it is impossible to reason with the Bush-Bot and Neo-Con contingent on FR. No matter how compelling the logic and facts are they rush in with their straw man arguments and WH spin totally ignoring all reason. The fact is they don't want to know the real story. They have an agenda that supercedes the truth. And the irony is that if Bill Clinton pulled what Bush did with this Amnesty fiasco they would be all over him.

With the Bush-Bots it’s all about supporting Bush no matter what he does. With the Neo-Cons it’s all about keeping the immigration free for all going no matter what the costs are to America. The intellectual dishonesty of these folks is staggering.

[Dave S]

What is the problem with the eligible citizens going home, applying for a legal famiily visa, and returning within 60 to days to a year?

Because if they ever worked as a nanny to make a little cash or had their student visa expire, they would have to leave the country and wait either three years or ten years to apply for a visa to return. So much for sixty days. How long are you willing to stay away from your family? Arent households with two parents better for kids than a single parent household?

[DJ88]

You're applying way too much logic here, Dave. ;-)

[Howlin]

Why should California and Arizona get more Border Patrol than West Virginia?

If things turn out like they usually do for West Virginia when Byrd goes to bat for them, they'll end up with sixty percent of the border guards in West Virginia!

I'd suggest the good people of Pennsylvannia, Ohio, Kentucky, and Maryland get their border papers together. :-)

[DJ88]

1) It's "George", not "Jorge". 2) It's "snafu", not "snaffu". 3). What's your point? You think that George just "magically" made those paper appear in FL? Or that there is some right-wing conspiracy to make the INS look bad? They are very capable of doing that themselves.

[Dave S]

Good Lord people!!! We were attacked from within our borders by these same types of immigrants/illegals/non-US citizens.

And they were all legally in this country. Makes sense we should screw the immigrants who got screwed by the INS.

Also we were attacked earlier by White, American citizen, former Army vet (remember OKC?). Are we to expell all former American Vets as well to ensure our safety.

Climb back under your bed and cower Mr. Xenophobia.

[DJ88]

Should I get my papers together? I live in Florida. There are many points of entrance. East coast, West Coast, Georgia, Alabama, Cuba, the Gulf of Mexico, Miami, etc. What should I do????

[Howlin]

If you come toward North Carolina, have something ready to show the NAACP in South Carolina, too!

It appears you'll be limited to the State of Florida though. Way too many exists down there......and how would we know if your papers are genuine. We ALL know there must be a TON of paperwork around Florida that is fake.

Sorry. Sit home forever.

[majordivit]

Jorge is George in espanol. I am a conspiracy theorist. I am very suspicious of coincidences when the Federal Govt is involved.

[Sabertooth]

Instead of calling us shills, why dont YOU post the entire Senate Bill thats being debated here.

Kinda interesting that at #121 you're asking for the entire bill, when in #120 you referred to the link I provided for it at #91.

It's a long bill, I've posted Sec. 607, which is the pertinent provision to 245(i). You realize that I'm hung out to dry if you can find anything in HR 1885 that negates my position. I've given you the link... why not go for it?

Shut me down, if you can.

Here's the link again...

First, click HERE.

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.

Good luck!

[DJ88]

"Sorry. Sit home forever."

Gosh are you MEAN!!!! ;-)

Sighs...no more Hilton Head Island for me. Yeah, right. I have plans to visit HHI in August for a week. If the NAACP thinks they're gonna make me change my plans at because they are stationed at a REST STOP they are in for a big surprise. Ha! ;-)

[Dave S]

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.

Your link doesnt work. This doesnt sound like legislative language. Is this from 245(i) or is it someones summary?

I dont know what you're getting upset over. Inspection to me is a medical inspection that you get when you immigrate to this country and go through the Ellis Island type experience. If you are here on a work or student visa I dont think you go through that, therefore you havent been inspected. It doesnt mean you entered the country illegally by swimming the Rio Grande. Overstaying your visa because the INS didnt complete work on your application for change in status before your visa expires is a poor reason to call someone a criminal. As is telling someone that they are an illegal if they got paid for baby sitting one afternoon.

[ATR]

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.

Quit trying to call everyone members of the Robert Byrd fan club. The people on this thread were up in arms about this last week when it was on the floor of the House - before old Byrd had said anything about.

And, I'm sorry, but if you are diligently reading the whole bill (H.R.1885) to get to the bottom of this, then you are going to completely miss the point. In fact, you'll almost certainly conclude that H.R.1885 is an overall fine bill with one or two bad points, like 245i. That is because the overall bill was a trojan horse used to push 245i. All the good border control stuff in 1885 had already passsed as H.R.3525 and was sitting in the Senate (on hold courtesy of Byrd). At Bush's insistence, the House leadership reintroduced 3525 with one thing added - 245i - as H.R.1885 and called for a voice vote approving the great Border Security bill. Everything besides 245i has ALREADY passed the House, and will hopefully become law.

Although some people throw words around, this is not a "mass amnesty". Nor does it make people citizens automatically, or even give them green cards automatically. But it does forgive their illegal status in the country, and allows them to avoid the full background check they would go through if they were coming legally from their home country. The law normally says that if you were here illegally (you snuck in, your tourist visa expired and you did not leave, etc.), then you cannot 'get legal' without going back to your country and getting a proper approval to enter legally. Very often people who are currently here illegally might be eligble, if they applied, for a green card. But, they have to go back home and get screened in their home country before re-entering legally - and they may be penalized for having been in the US illegally by having to wait as long as 10 years (in the worst cases). This penalty is well known to 'customers' of the INS, and is there as a deterrent to ignoring our immigration laws. Heck, its not even jail time or a fine or anything - its inelegibilty to come in because you broke the rules last time.

245i waives the penalty and the requirement to return to the home country before getting the green card (assuming the person qualified), in exchange for a $1000 fee. This is an "amnesty", because it erases the penalty for breaking the law. This specific amnesty is relatively narrowly defined so as to affect somewhere between 200k-600k people from countries all over the world. It is bad for three reasons:

1. It is a terrorism risk because people don't have to get a background check before they get the green card, as they normally would (even though they already broke law!).

2. It clearly signals that people who stay here illegally can eventually expect an amnesty of one kind or another. Behind this one provision is a larger history of small "administative" or "political" amnesties that congress passes from time to time. This is just one. It basically makes the whole of immigration law not credible.

3. It essentially penalizes people who went the legal route, by letting people who broke the rules to jump to the front of the line. Assume Algerian A is waiting two years for a green card and making $2.00 per day. Algerian B gets into the US illegally and gets a job making $80.00 a day. After two years 245i happens and he can apply for a green card and stay in the US all the while. He is now completely legal, just like Algerian A. But in that two year interval, Algerian A lived in a third-world country and made ~$1040, while Algerian B lived in the wonderful US of A and made ~$41,600. Taking the economic rationalist point of view, no rational person would obey US immigration laws. This is exactly why the system is so screwed up.

If you are lookng for a clear understanding, you might be helped by information available at http://www.numbersusa.com, http://www.fairus.org, or http://www.house.gov/tancredo/.

[DJ88]

Well, at least you admit it right up front. :-) May I ask, what did you call Bill Clinton when he was president?

[ATR]

If things turn out like they usually do for West Virginia when Byrd goes to bat for them, they'll end up with sixty percent of the border guards in West Virginia! I'd suggest the good people of Pennsylvannia, Ohio, Kentucky, and Maryland get their border papers together. :-)

Not as much of a joke as you might think. I fully expect the construction of a "Robert J. Byrd Border Control Processing and Administration Center" in some W. Va. city :-)

[DJ88]

All right, I'll check out those websites. That's fair enough.

But I'll tell you what...if an Algerian can come here and make $80.00 a day, I want to know where he's working so I can send my sister there. ;-)

[ATR]

But I'll tell you what...if an Algerian can come here and make $80.00 a day, I want to know where he's working so I can send my sister there. ;-)

:-) --- That's 10 bucks an hour, not unresonable for unskilled or semi-skilled labor in many parts of the US. The argument holds just as well if you assume $6.00/hr....

[Dave S]

Looks like we are swimming in Bush-Bots today. They must have got their latest talking points from the WH.

I dont get any orders from Bush but I would be proud to do so. I would be totally ashamed to carry water for Xenophobics like Buchannan or Tancredo.

I find it absolutely amazing how otherwise intelligent people can have a difficult time understanding the plain English wording of the 245I bill. What else can you say?

I have yet to see anything posted here in the actual wording of the bill that says anything you folks say its saying. Why dont you just post the full Senate version of the bill thats being debated rather than hide behind a bunch of links that dont work and your summary of what the bill means. Show it to us. Give us real proof.

And if you want to have constructive debate you might tell us in clear English what it is in this bill that you object to because a lot fo the stuff being posted aint in the bill.

With the Bush-Bots it’s all about supporting Bush no matter what he does. With the Neo-Cons it’s all about keeping the immigration free for all going no matter what the costs are to America. The intellectual dishonesty of these folks is staggering.

Talk about intellectual dishonesty. Anyone that parotts anything that Pat Buchannan has to say about anything is hardly one to question the intellectual honesty of another. After all in Pat's next book he is goign to blame 911 on the Israeli's and he is going to say that this whole thing about the Holocaust is all overblown. Burp!

[Sabertooth]

Your link doesnt work. This doesnt sound like legislative language. Is this from 245(i) or is it someones summary?

That's from an INS memo on 245 and 245(i). The link at #112 works fine.

So does the link to the site for the HR 1885 legislation I posted at #131.

My legislative links in the original article busted, and I apologize for that. See my post at #91 for an explanation.

Inspection to me is a medical inspection that you get when you immigrate to this country and go through the Ellis Island type experience. If you are here on a work or student visa I dont think you go through that, therefore you havent been inspected. It doesnt mean you entered the country illegally by swimming the Rio Grande. Overstaying your visa because the INS didnt complete work on your application for change in status before your visa expires is a poor reason to call someone a criminal. As is telling someone that they are an illegal if they got paid for baby sitting one afternoon.

Look, it doesn't matter what you think, if what you think isn't the truth.

What you're saying contradicts the clear meaning of both of the INS statements thaty I posted with this thread.

If you don't believe them, try doing a Google Search on Section 245(i).

There are many links, including some from advocates of Illegal immigration and Amnesty, that will verify what I'm telling you.