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.

[Luis Gonzalez]

Just a summary of what you've said so far.

You say that you have never accused Bush of seeking a blanket amnesty, yet I see you accusing Bush of seeking a blanket amnesty.

You say that you have always stayed with the lower numbers, yet you also say that Bush will grant amnesty to millions.

Am I following you so far?

[sweetliberty]

I can't believe the heat I'm taking on this issue from otherwise reasonable, intelligent people. Some people just think Bush can do no wrong. While I don't support a lot of the Bush bashing that goes on, the Bush worship is just as counterproductive. Blind loyalty kills objectivity.

[Sabertooth]

It doesn't have to mean jail does it?

It means the burglar gets out of the house.

[Luis Gonzalez]

"And that's exactly what Bush is doing - granting amnesty to millions of undesireable Mexican illegal aliens."

Please, go and educate yourself on the issue before you post to me.

[Luis Gonzalez]

The burglar's purpose was never to move in with you, it was to remove your property from your possesion.

Please, let's stay above Jr. High logic here.

[Luis Gonzalez]

"I can't believe the heat I'm taking on this issue from otherwise reasonable, intelligent people."

That could be a sign that you are wrong on this issue.

Maybe that never entered your mind, but it is a possibility.

[Sabertooth]

Just a summary of what you've said so far.

You say that you have never accused Bush of seeking a blanket amnesty, yet I see you accusing Bush of seeking a blanket amnesty.

You say that you have always stayed with the lower numbers, yet you also say that Bush will grant amnesty to millions.

Am I following you so far?

Sometimes, let me see if I can help you a little...

Blanket Amnesty means Amnesty for all Illegals. If a big Amnesty plan legalizes millions, but not all, then it isn't "blanket Amnesty." Are you following me so far?

So, since I take Bush at his word that he doesn't want "blanket Amnesty," that means that I believe that he doesn't want Amnesty for all Illegals. Still with me?

The lower numbers I'm sticking with are in specific reference to the 245(i) extension passed last week in the House.

I've also said that I don't think this will be Bush's final Amnesty. Do you?

[Sabertooth]

The burglar's purpose was never to move in with you, it was to remove your property from your possesion.

I'm putting together a more fitting analogy for Illegals, whose purpose actually is to move into my country.

Your speeding analogy is fundamentally flawed.

[Luis Gonzalez]

In the past, your posts have accused Bush of seeking a "blanket amnesty" for illegal immigrants.

No. Never.

I've been accused frequently of having said that, but I've studiously pointed out it's not true.

Nor do I now believe President Bush seeks a "blanket amnesty."

Mmmmmm........really?

I never said the 245(i) modifications would result in millions of Amnesties. Never.

Others have, but I've been consistently going with the 200,000 number. I believe on one post I mentioned estimates of 200,000 and 350,000. But I've stayed with the smaller number.

Is that so?

Speaking of games Dane, your posts are among the most transparently dishonest on FR.

Time and again you play your "No Blanket Amnesty" schtick, usually as straw man, but this time as false dilemma. Who do you think you're kidding?

"No Blanket Amnesty" is nothing more than Bush Administration spin and damage control.

Let's look again at the subterfuge... Estimates of illegals currently squatting in the United States range from 8 million to 13 million. Let's take the low number. An Amnesty for 7.5 million ("undocumented," or "non-regular," or "uninspected," etc.) aliens could be granted, and Bush would still be technically not lying, because a "blanket amnesty" would be for all illegal colonistas..

President Bush's "No Blanket Amnesty" is a Clintonian promise in spirit, because it's an attempt to conceal his true goal, which is an Amnesty by another name (even more dishonesty) for millions of illegal aliens.

A promise of "no blanket amnesty" is an empty shell, as has been explained to you whenever you show up parroting the talking points.

32 posted on 3/16/02 3:11 PM Pacific by Sabertooth

[bootyist-monk]

As long as employers go unpunished, the amount of illegals entering the country will never change. Every dish washed in LA county, every table bused, every lawn mowed and every fast-food burger served, is more than likely done so by an illegal. Half of the construction trade is now also done by Mexicans with questionable paper-trails.

However, employers, corporations and unions conveniently look the other way, especially when cheap labor is involved. Bush offering an olive branch to court the hispanic vote is politically shrewd, and will have little or no effect on the overall problem of illegals entering the country.

When you're ready to pay $4 for a head of lettuce, we can solve this problem. And when we start throwing the officers of companies into jail for knowingly hiring illegals (Tyson Chicken, anyone?), then maybe things will start to change.

[Luis Gonzalez]

"I reiterate: Bush is granting amnesty to millions of undesireable Mexican illegal aliens."

Not even Saber is holding on to that one anymore.

Start bailing, your boat is sinking.

[Luis Gonzalez]

My speeding analogy addressed the fact that you are calling a fine a fee.

[sweetliberty]

"That could be a sign that you are wrong on this issue"

I really wish I could be proven wrong on this issue, but everywhere I go looks more and more like Nogales all the time. I just don't see how rewarding people for breaking the law is going to help that.

[WRhine]

You want to bet? LOL. Remember Im an amateur. Today was my first trip to the INS website.

Go for it. I'll betcha "without inspection" at least in practice as to how they APPLY the law pertains to those who entered the country illegally.

[Sabertooth]

It appears probable that you don't understand you're proving my point with your cut and pastes at #310.

[Luis Gonzalez]

"I've also said that I don't think this will be Bush's final Amnesty. Do you?"

To the best of my knowledge, I have yet to see Bush's FIRST amnesty.

Could you point me to the direction of a signed law that grants amnesty to any number of immigrants?

[Sabertooth]

My speeding analogy addressed the fact that you are calling a fine a fee.

When a crime is committed, and a fine is assessed, it's understood that the crime must stop.

When an Illegal comes into our country, is captured, fined $1,000, and then deported... the crime has stopped.

If the Illegal pays $1,000, and is given legal status, the crime has not really stopped, he's just paid a fee to get away with it.

[Luis Gonzalez]

Here's part of what you said at the start of the thread.

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

"Bush is a genius, because..."

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

That is your statement that 245(i) IS a blanket amnesty.

So, why will you not admit that you said that?