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.

[WRhine]

Anyone that parotts anything that Pat Buchannan has to say about anything is hardly one to question the intellectual honesty of another.

Let me see. Oh I see, anyone that agrees with Pat on anything is intellectually dishonest. So I take it then that since Bush agreed with Ted Kennedy's federal takeover of our Public School system Bush must be intellectually dishonest too! Or does your projecting work the other way? No, probably not.

[Dave S]

BTW, you never did answer my question from yesterday. Let me try again: Are You In Favor of Illegal Immigration? It's a simple question Dave. One which you seem to answer in the affirmative only by your shameless defense of the Mexican Invasion which is turning many parts of America's Southwest into a 3rd world country. Come clean Dave.

If it was on the other thread I havent read it yet. I got pinged on this one and came here and havent left other than to do a little work now and then. Nice to be the boss.

No, Im not in favor of illegal immigration.

Am I in favor of letting people who entered this country legally, later elected to change to their status acccording to the law, and then were stymmied by incompetent beaucrats into being in technical violation (like being 5 mph over the speed limit)being able to get their status changed if they are otherwise elligible for permanent resident status, yes.

[DJ88]

:-) We don't have to AGREE on everything to be right, you know. I just don't happen to agree with you on this issue, but you and I may agree on a different issue. You don't resort to calling people names either. I respect that. Now, tell me if you agree with this:

"DISTURBANCE AT MANATEE MEMORIAL HOSPITAL FORCES OFFICIALS TO EVACUATE SECTION OF BUILDING...TUNE IN TO BAY NEWS 9 FOR MORE.

Now, that is my local Tampa TV station (like our own little CNN, aren't we lucky?) So I tune in, and they are doing "WEATHER ON THE 9'S". Nothing about this story.

Do you find that annoying?? :-)

[Dave S]

Ok, I'll give you the benefit of the doubt that you are as blind as a bat.

In what line is the word illegal used? All the current legisation does is return the law to what it was on April 30, 2001. It changes frigging dates. Read it.

[Dane]

You refer to illegal aliens as "immigrants". How politically correct of you. I'm not in favor of my tax dollars going to any illegal aliens, no matter how you like to characterize them, or to crack addicts either. My question is, why are you so willing to pay for social services to illegals? Or would you be one of those who might benefit from 245i? Just wondering

They are immigrants and the majority of them pick your vegetables, buss your tables after you eat, and put on roofs in 95 degree heat with 95% humidity and are glad to have the chance to do it.

Like I said before, I would rather have these people(most who have good families) using the school system and/or getting a small medical subsidy, than some native born single drug using welfare mother who demands everything on a platter.

And no I am not benefitting from 245(i), just trying to dispel some of the xenophobia on FR.

[Dave S]

From what I have seen of your propaganda, and that's what it is, anyone that is against illegal immigration is against all immigration. Projecting an opposing argument to the extremes is one of the oldest propaganda tricks in the book.

Bull, virtually all of the people covered by 245(i) came to this country legally. That makes them legal in my book. Wetbacks swimming the Rio Grande or being trucked in containers are illegals.

[WRhine]

I'd like to find the word AMNESTY in there.

Don't play dumb Howlin. It’s unbecoming of you. I doubt any of the past Amnesty bills had the word “Amnesty” in them either. If the language of the Bill says that permanent residency will be extended to those Aliens who entered the country "without inspection" just what the hell do YOU think THAT MEANS?

You got your Shilling Machine in over-drive today. Just don't let those facts get in your way.

[WRhine]

Would you knock it off already with the "Bushbot" crap? It's OLD.

So is your propaganda. Oh and thanks for the smear on my name.

[WRhine]

Bull, virtually all of the people covered by 245(i) came to this country legally. That makes them legal in my book. Wetbacks swimming the Rio Grande or being trucked in containers are illegals.

You don't want to acknowlege the wording of 245I do you?

[Howlin]

Oh, I see......now I'm dumb because I don't see what you see. Good to know. And thank God I don't see what you see.

[Dave S]

All this means that we are headed for a serious overpopulation problem.

ROTFWL. What city do you live in? Have you ever stepped out of it? Have you ever been in a rural area? Ever been in the areas that Bush carried. There is plenty of space.

Over population my ass. We need more people here both to support economic growth and to support the baby boomers in their retirement. There are not enough native born Americans to do it.

[EBUCK]

I'd like to find the word AMNESTY in there.

It's there. You just have to be able to see the forest for the trees in order to see it. Read the whole thing from a criminal perspective and try to exploit the language. It's not hard to see that it says that un-documented aliens will not be excluded due to the silly criteria requirements that documented aliens must follow.

EBUCK

[DJ88]

ROFLOL!! The smear on your name?? You go around calling people "Bushbots" and expect to get no reaction? Get a LIFE.

If you can't play with the big dogs, stay on the PORCH.

[EBUCK]

You actuall have a good point there. I never though of it but you're right. We don't have enough people to support the upcoming retirement explosion so lets let everyone and their cousins in to fill the gap. Is that the plan? (It may be the gubment plan at that) Nice insight there. (not-sarcasm)

EBUCK

[WRhine]

Am I in favor of letting people who entered this country legally, later elected to change to their status acccording to the law, and then were stymmied by incompetent beaucrats into being in technical violation (like being 5 mph over the speed limit)being able to get their status changed if they are otherwise elligible for permanent resident status, yes.

Then you are against 245I. As been repeatedly posted on this thread on others, 245I extends residency to Aliens that entered the country "without inspection". Can you tell me what YOU THINK "entered without inspection" MEANS?

[Howlin]

You just have to be able to see the forest for the trees in order to see it.

Perhaps you should stop looking at the FOREST and look at this TREE.

Other than the people on these threads, saner heads than we have disagree with you.

[Dave S]

Let me see. Oh I see, anyone that agrees with Pat on anything is intellectually dishonest

They are intellectually dishonest is they claim Pat is still a conservative. He's not. At best he's a populist. At worse a blowhard.

[WRhine]

DJ88, you got me there. Flame Away.

[Dave S]

Aliens who entered the country "without inspection" just what the hell do YOU think THAT MEANS?

And that phrase you are giving part of came from an INS document created in 2001 describing current law, not what was passed the other day. If you are going to pull stuff from websites, check the modify dates.

[Sabertooth]

¸?H q8P ?x? ?§8 ¸·?���������������(��b §? ¸??. I respect that.

...Now, that is my local Tampa TV station (like our own little CNN, aren't we lucky?) So I tune in, and they are doing "WEATHER ON THE 9'S". Nothing about this story.

Oh, I've been guilty of name-calling more than once. Sometimes even without evidence to support the charge.

I don't like News Teasers wither, but I'm not sure how you get away from that on commercial TV.