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.

[Sabertooth]

"But Dick Armey said..."

"But the Wall Street Journal said..."

"But it's not a BLANKET AMNESTY..."

"Bush is a genius, because..."

Sorry, enough of all that. Go read the legislation.

[Sabertooth]

(((ping))))

[Sabertooth]

(((ping))))

[quimby]

I'l take dick armey, a true conservative over a BYRD BRAIN anytime.

[junta]

Hey suicide pilots a job not too many Americans will do these days.

[RaceBannon]

So Glad I got my muffler.....

[quimby]

Hey suicide pilots a job not too many Americans will do these days.

LOL, sounds like a job for a BYRD BRAIN.

[TomGuy]

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.

So, if they are "eligible" for legal admission, let them apply by legal means. That whole "description" of the law is legaleze gibberish which opens up dozens of contradictory loopholes.

The GWB Team made a mistake supporting/pushing this provision of the bill. Amnesty was a "sore" topic when it was first passed in the mid 1990's. After 9-11, after the INS fiasco with the Atta entry approval, the GWB Team should have looked at the polls reflecting the mood of the Nation on this issue. Most polls were 80%+ opposed to amnesty--due in part to the recent attacks on America.

GWB Team may have been playing political "strategery" with this--but many of the people opposing amnesty will see it as a sell out. GWB Team has given the Dems a hot button issue. Bad "strategery" for GWB.

I thank Senator Byrd--on this issue. GWB Team is wrong on this one.

[TEXICAN II]

Very good work-you are that proverbial 'gentleman & a scholar'. Thanks!!

[sarcasm]

bttt

[Dane]

I thank Senator Byrd--on this issue.

Yep, the Byrd who voted against Impeachment, was a memeber of the KKK. That Byrd.

[Dane]

"But it's not a BLANKET AMNESTY..."

And it's not, it was directed at about 200,000 people to reunite families, but you go ahead and blather on what you think it is. But that does not matter your hero in a pointy white sheet and anti-impeachment, Robert Byrd has come to your rescue.

BTW, he is also holding up needed changes and reforms in border security.

I also wonder if your new hero(grand wizard Byrd) will support the Attorney General having the right to fire anybody in the INS for incompetance. Currently he can't, because of people like Byrd.

[BOBTHENAILER]

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

I couldn't get the link for HR 1885 to work. Good work on all the actual language, I'm going to find 1885 and read it entirely, even though the hero du jour, BYRD, has seemed to make all the fussin' & fightin' moot.

[Sabertooth]

And it's not, it was directed at about 200,000 people to reunite families, but you go ahead and blather on what you think it is. But that does not matter your hero in a pointy white sheet and anti-impeachment, Robert Byrd has come to your rescue.

You know I've never said it's a blanket amnesty, all of your straw man arguments nothwithstanding.

But it appears you're finally getting close to admitting that it's a mini-Amnesty for those 200,000. That's encouraging.

BTW, where have I ever said Robert Byrd was my hero?

BTW, he is also holding up needed changes and reforms in border security.

Perhaps Bush shouldn't have tried to use Homeland Secuirity as a Trojan Horse for his 245(i) Amnesty.

Rather underhanded politics, when you consider that the 245(i) mods are now too controversial to pass on their own.

I also wonder if your new hero(grand wizard Byrd) will support the Attorney General having the right to fire anybody in the INS for incompetance. Currently he can't, because

Interesting Guilt by (False) Association fallacy, Dane.

I've not said a word about Senator Byrd.

As for Federal Employees, I'd lve to see their Unions broken so that they could be fired at will.

[D. Miles]

bump

[Sabertooth]

I couldn't get the link for HR 1885 to work. Good work on all the actual language, I'm going to find 1885 and read it entirely,

Sorry about that... Try going 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.

[Dane]

But it appears you're finally getting close to admitting that it's a mini-Amnesty for those 200,000. That's encouraging.

Well you are getting close to saying that this is not a blanket amnesty and is actually for people who want to keep families together. That is what this really about.

200,000 people mostly by not fault of their own became illegal, such as entering on a valid visa getting married and the beauacracy makes them illegal because their visa ran out.

But knowing you, you will automatically think that the all of these people didn't get married for love but had other ulterior motives.

That is who this bill was trying to help.

[angkor]

it was directed at about 200,000 people to reunite families

So it's "for the families" eh? And there are on "200,000 people"?

I don't know where you get this information, but it is flatly wrong in the former, and dubious in the latter.

The legislation clearly states that if you can establish that you had a family relationship (e.g., marriage or anchor children) before August 2001, you are eligible, assuming a resident immigrant or citizen will sponsor you. But if you can find any citizen or resident immigrant who will simply assert that you were working for them prior to August 2001, and will sponsor you, then you also are eligible.

So obviously there is a non-family component to this amnesty which is quite huge, and you are clearly wrong on the facts. It is directed at employees as well as "families."

Your second assertion that the aggregate numbers are only 200,000 is based on precisely nothing, a wild guess pulled right out of thin air. I say the actual eligibility numbers are 10 percent of the illegal alien population, so it's more like 800,000 to 1.2 million.

Find a way to dispute those numbers. You sure won't get them from any reputable source on the illegal alien population.

[Sabertooth]

Well you are getting close to saying that this is not a blanket amnesty and is actually for people who want to keep families together. That is what this really about.

200,000 people mostly by not fault of their own became illegal, such as entering on a valid visa getting married and the beauacracy makes them illegal because their visa ran out.

Actually, Dane, I've always said that this isn't a blanket amnesty. Several times to you in the past few days.

Your comments about why those 200,000 are Illegal are incorrect. Go read the legislation and INS explanaitions of 245(i) above. That's why I posted them for you, so that you'd no longer have an excuse for believing and spreading false information.

[Twodees]

I applaud your patience. 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.

As you have carefully gleaned from the official sources, this is amnesty.