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.

[Michael2001]

Thanks for posting this. Bush has sold us out, I don't see it as anything else.

[Sabertooth]

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?

Scroll to the top of this thread.

And don't come back with "it doesn't actually SAY Amnesty."

The effect of the legislation is that some Illegals will become legal. That's an Amnesty.

To suggest otherwise is to confess intellectual kinship with Bill "I did not have sexual relations with that woman" Clinton.

[Luis Gonzalez]

Come on, show me how you reached your conclusion, show me the millions.....

Discuss the issue or go away. Saber and I have things to discuss.

[WRhine]

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

I've never read where Sabertooth has said that 245I is in effect granting amnesty to millions. I've seen other posters make this prediction but not Saber. Why do you try to perpetuate a false statement made by another poster when you have no clue as to what the facts are?

[Sabertooth]

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

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

Because your misinterpretation is specious.

How could I believe that the 245(i) mod is a blanket amnesty, when I'm going with the 200,000 number used by proponents of the extension?

[Timesink]

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.

Hey, don't forget the middle ground! I have no problem with people objecting to Bush's support of this bill. It's the one-issue "If he signs this I'll never vote for him or another Republican ever again, gasp wheeze!" types that drive me nuts.

Disclaimer: I think this bill is the biggest nothing anyway. As screwed up as the INS and our entire border patrol system is, I doubt it'll have any measurable effect even if it does pass. Also, I think this whole thing is merely a matter of Bush being a lot sneakier than most people are willing to give him credit for.

[WRhine]

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

Mr.Gonzalez I'd like you to meet Mr. Bush's 245I Amnesty bill. Oh are you going to hang on to the hopes that like CFR Bush is going to veto the bill? LOL.

[Texasforever]

I've seen other posters make this prediction but not Saber. Why do you try to perpetuate a false statement made by another poster when you have no clue as to what the facts are?

He posted his own vanity thread making that EXACT prediction.

[Luis Gonzalez]

No, I am saying that YOU don't know what this bill says.

[Luis Gonzalez]

Is it signed yet?

Was HR 1885 signed or was it the Senate bill instead?

[Sabertooth]

He posted his own vanity thread making that EXACT prediction.

About the 245(i) extension?

Where?

[sweetliberty]

"are you going to hang on to the hopes that like CFR Bush is going to veto the bill?"

Fat chance! He is determined to hand this thing to Fox on a silver platter.

[Luis Gonzalez]

Post #310, unless of course you and Saber are talking about a bill not yet known to anyone.

[Luis Gonzalez]

There is no need to be "pro or con" amnesty for millions, that isn't an issue at hand.

Can you prove that under the guidelines set forth by either HR 1885, or S 778 millions of illegals will qualify?

[Luis Gonzalez]

BTW, 245i isn't a bill, is a section of an existing law.

[WRhine]

He posted his own vanity thread making that EXACT prediction.

Not on 245I like others have which is what Sabertooth was talking about. And I agree with Saber that Bush's comprehensive plan with Mexico does involve Amnesty for millions of illegals over the next few years. It's going to be one mini-amnesty after another. Call it an informed guess on interpreting some of Bush's past statements on this subject and his love affair with Mexico.