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)

---

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.

[Twodees]

Dave the link was already posted. I read the text and could find no reference to the provisions you've insinuated exist in its language. It appears to me that you're the one who is referring to an earlier version or possibly a future version since the text doesn't support your position.

You're free of course to post excerpts from the text which support your claims. I've simply commented that what you claim is there isn't. You show me.

Also, since you haven't called me a xenophobe in this thread, I'll assume that you've done so elsewhere since you're lumping yourself among the shills I referred to as having done so.

[EBUCK]

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.

I have sane people disagree with me all the time, they are wrong of course, but they still disagree LOL.

I think that in this case the "FOREST" is the real problem. The "TREE" is just extending the obvious (to me at least) "amnesty" deadline because not everyone took advantage of it the first three times is was offered.

Like WR says, what part of "un-documented" means "legal" or "documented"? And, once past that little hurdle, "un-documented"=illegal, you can move on to the part in the bill that states that "un-documented" (remember that un-documented = illegal) aliens are are exempt from meeting the criteria set that documented aliens must pass in order to be approved for perm. resid..

EBUCK

[DJ88]

A man has barricaded himself and his wife (his child was in there too, but he his now safe) in the Pediatric Ward of the hospital. They haven't said anything more.

[EBUCK]

I said "part in the bill"

I should have said law not bill. Sorry.

EBUCK

[Twodees]

What WRhine said about Clinton made me think. Maybe these folks wouldn't have been all over Clinton had he done this. After all, they're part of the "let's move on" crowd who are giving Tio Jorge a pass for letting Clinton skate.

You think maybe they're Clinton supporters who love Bush in the same way they loved Willy Jeff? I can see why they would, after the way Bush has shielded their idol. ;-)

[Howlin]

I have sane people disagree with me all the time, they are wrong of course, but they still disagree LOL.

I know exactly what you mean.......LOL........at least they SAY they are sane.....some of them are even my inlaws!

[Sabertooth]

A man has barricaded himself and his wife (his child was in there too, but he his now safe) in the Pediatric Ward of the hospital. They haven't said anything more.

It's Denzel Washington!

[EBUCK]

My inlaws are definately insane. And they no longer try to argue with me about politics. I can't imagine why, I almost never froth at the mouth and rarely raise my voice. It's the voices that make me do those things they have to watch out for. ;)

EBUCK

[Howlin]

My inlaws actually voted for Clinton TWICE; they kept telling us that Clinton was going to tax the rich......we TRIED to tell them that that was them......they live at an exclusive golf club in Cary -- but they never believed us.

But on Christmas Day, I did meet them at the door in my Bush t-shirt. I wish you could have seen the look on his face.....it was GREAT.

It just doesn't "come up" very often anymore, if you get my drift.....LOL.

[Travelgirl]

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 don't know how you got byrd was his hero. I can't stand byrd, but I hope he does one thing right and stops this. Like hitley said, they can't do things (mass amnesty) (the country won't stand for it). They have to do it in baby steps. Do you really think it will stop at 200,000?

[EBUCK]

Yah, outcast because of your politico-econimico stance. Those ba$stards LOL. Good luck at the next holiday family function. I always get those scowels when I come in the door at those things.

EBUCK

[Howlin]

My view on that is that WE were miserable for eight LONG years; it's their turn.

[DJ88]

LOL!!! Has that movie come out yet???? I'm wondering if he saw it. He's holding the wife/girlfriend hostage with a piece of glass. We gotta shut down those glass factories. And close the Windows of Glass Loopholes. ;-)

[angkor]

So much for sixty days.

I guess you're right. I was thinking along the lines of someone who actually followed the law, endured the process, and did things legally. No border hopping, no jumping in line, no wanton disregard for American law (which by the way an immigrant is expected to adhere to).

As for "How long are you willing to stay away from your family?", the answer was "nine months." Because that is the law.

And I will tell you that from my point of view - as someone who has actually been going through this process legally since 1997 - these scofflaws and their enablers in Congress, the WH, and in FR are absolutely despicable.

[angkor]

And if any company does that for someone who didn't have the proper paperwork, they get fined.

You are unbelievably and irrevocably naive.

[Uncle Bill]

Bump!

"President of the United States Wants To Grant Amnesty Up To 4 Million Illegal Aliens"

INS Agents Get Bonuses from INS Commissioner James W. Ziglar After 9/11 Gaffe

"Jim Ziglar is an experienced manager who will work diligently to reform the INS. He has strong relationships with Republicans and Democrats in the Congress and has worked in both the public and private sectors. His history of overseeing large organizations and tackling management challenges makes Jim an excellent choice as Commissioner of the INS," - George W. Bush

"If we can find a way to move illegal immigrants into legal channels, we would enable the border patrol to focus on the bad guys coming across the border rather than the people coming across to work."
James Ziglar (1-202-514-1900)

"Individuals will be held responsible" - John Ashcroft - LOL!!

Attorney General John D. Ashcroft also asked Congress today to give him back authority to fire INS employees for violating Justice Department rules.

Chastened INS chief makes personnel changes

The Immigration and Naturalization Service (INS) says it has no plans to round up the 250,000 to 300,000 illegal aliens that it admits are still in the country even though they have already been ordered deported by federal judges - October 22, 2001

INS Releases 35,318 Criminal Aliens
"U.S. Department of Justice (DOJ) estimate that 11,605 – or roughly one-third of those released by the INS – went on to commit serious crimes including 1,845 violent crimes."

[janetgreen]

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.

These jobs were done by Americans, Dane, with the help of seasonal guest workers from other countries, usually Mexico. The illegal aliens who are doing these jobs now, and other jobs, bring down wages for American workers because they work for less, you know that.

They have practically taken over the gardening industry, child care, restaurant work and construction work, always working for less than Americans can, pushing American workers out, because they work for less. A good example is the drywall industry in California. They have practically taken it over, and now they want a union, after cheating drywallers out of their jobs.

Americans have always done all these jobs, Dane, and illegal aliens bring down the pay scale for everyone, plus getting free medical care, free schooling for their children, and everything else free that their false documents allow.

Big price for cheap lettuce (which it's not anyway).

[dougherty]

How old are you? 10, 11 or 12?

[EBUCK]

Big price for cheap lettuce (which it's not anyway).

The price of lettuce hasn't changed much since the invasion began. The extra profits gleaned by mega-farms using chicano labor were put into aquisition of smaller farms and again pushing an American out of a job.

EBUCK

[jwalsh07]

I have a question for you. The children of this subset of illegals that have been here since the early 90's are US citizens. If you send their fathers back to Mexico to wait there for their papers to be processed and the kids stay here, who supports them?

Another question. Are you prepared to have the federal government do house by house searches in every town in this nation looking for illegals and loading them on trains?

And if they decide after having lived and worked here for the past 6 or 8 years that they won't go peacefully, how far are you prepared to go to get your point across?

If you want to accomplish something, then change the law bestowing citizenship on the progeny of illegals born here. Until you do that, your whistling in the wind.