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.

[Buckeroo]

"To establish an uniform Rule of Naturalization, ...."

"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; ... "

Just to name two obvious ones.

[Buckeroo]

He lied; it was a central issue to his republican candidacy between him and McCain in 2000. But some folks forget.

His lies are all over the net and certainly FR (today). I don't lie nor exagerrate; it is unfortunate that you belong to a click of folks on FR that can't stand truth; you would rather lie out your teeth about folks that tell the truth for your sinking captain.

[inquest]

Naturalization and immigration are not the same thing. Naturalization means granting citizenship to immigrants. It has nothing to do with whether or not they're allowed here to begin with.

As for the other part, an invasion is when someone enters the country with hostile intent. If you were to define immigration as invasion then Congress would have no choice but to seal off the borders to all foreigners, be they immigrants, tourists, businessmen, or whatever; as Congress is required - not allowed, but required - to fend off invasion.

[Buckeroo]

Thank you for agreeing with my post presentations.

Best Regards!
Buckeroo

[inquest]

Sorry, I think you lost me there. You're welcome, I think.

[Buckeroo]

I recommend that you re-read your own posts and compare them to the points raised. Again, thank you for agreeing with me; you are way too kind.

[inquest]

Are you honestly trying to tell me that the Constitution of the United States actually forbids Congress to allow a single foreigner in? Because that's about the only way I could be "agreeing" with you.

[brat]

"If you entered the United States unlawfully".....the apologists just keep skipping right over this little line!

[Uncle Bill]

BTTT!

[Sabertooth]

"If you entered the United States unlawfully".....the apologists just keep skipping right over this little line!

Bigot.

Can you PROVE that "unlawful" mean "Illegals?"

[inquest]

I think I know what part of the problem is, here. We've allowed our metaphors to define reality for us. Example: For well over a generation, we've been told about our "War" on Poverty, then our "War" on Drugs, and now our "War" on Terrorism - to the point where people are no longer able to distingush between a real war and the poetic variety.

It's the same thing with immigration. The popular metaphor for it nowadays is "invasion". As long as it's recognized as a metaphor, then that's fine, but it's now at the point where it's being used to guide the interpretation of a legal document.

As the Chinese say, the beginning of wisdom is to call things by their right name. It's something conservatives would do well to take heed of. We can leave the reality-redefining to the liberals. They're much better suited to the task anyway. ;-)

[Buckeroo]

But the reality is not mere words or definitions, as you suggest. The basis of our nation is about national sovereignty; the structure of our national roots is based upon our nation wherein we, the people, control the direction.

You seem to suggest, that America cannot and is incapable of guarding our own borders about any unwanted folks that would attempt to violate the spirit of our sovereign; you seem to argue with mere legalistic "mumbo-jumbo" about everything against being a free nation.

[inquest]

Just so that there's no misunderstanding between us, I'm not saying that any immigrant should have the right at any time to come and go as he pleases with no legal disadvantages. I'm only saying that (as far as I can tell from the Constitution) the federal gov't does not appear to be the proper place for that particular legal authority. You're correct when you say that sovereignty is the basis of government, but remember the primary source of sovereignty in our system is state governments, not Washington.

Now I know it wouldn't work too well to have each state patrolling its own borders, screening everyone, but perhaps they can do something even more effective: arrest - I don't mean deport, I mean arrest - those non-U.S. citizens who are found to have entered illegally. Put them on trial and mete out appropriate (proportionate to the crime) punishment.

[Uncle Bill]

BTTT

[Marine Inspector]

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.

I really hate to come back from vacation and agree with you, but on this point I do. Byrd is an idiot, and the border security section of this bill, H.R. 1885, would have passed before the new year, if it was not for Byrd.

On another topic, if you lump salary and benefits together then yes, tax dollars are used. No tax dollars are used in my salary, but they do pay for the benefits of the job. To me it‘s apples and oranges, but I can see how others may think they are the same.

[Marine Inspector]

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.

The majority the illegal aliens that applied for 245(i) in 2001, were employee sponsored, and had no family in the US. 245(i) will keep some families together, but that is not what it is about. Also, after the 2001 245(i), marriage fraud cases increased.

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.

This is also a false statement. If they entered legally, and got married to a US citizen and filed the proper paperwork before their visa expired, then they would not need 245(i). But they did not file their paperwork on time or they let their visa expire before getting married or filling the proper paperwork. If they need 245(i), it is because they entered the US illegally or failed to file the proper paperwork on time. The fault is theirs alone.

[Dutchy]

An anti-Section 245i bump, as requested.....Thanks Sabertooth for this great post...

[flamefront]

HEAD's UP!

In an hour and a half at 3:00 PM PDT / 6:00 PM EDT 27 Mar 2002
Foxnews' Carl Cameron will be releasing a bombshell report on unnoticed provisions of 245(i) that were voted in by Congress last week.

(This according to Tom Tancredo who last hour was on the George Putnam radio show.)

[flamefront]

Just reported on TV by Cameron--

The 245(i) provisions allow illegals who have been engaged in terrorist activity to meet the criteria for obtaining a green card. (A major embarrassment for the INS.)