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AMNESTY by BUSH
The Truth about Section 245(i)
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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.
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INS Memo: Sec. 245(i) filingsSection 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.
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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.
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I thought we on FR had printed the text of the bill and scruitinized the entire thing.The bill only changes a small part of the law, but it effects the entire text of the law. Until everyone reads and understnds the entire text of the law, no one will have any idea as to what this bill will do.