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.

[Texasforever]

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

When you start arguing semantics and hidden motives you have lost the battle and are just looking for a way out.

[WRhine]

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

It is now in the Senate and Bush's people are twisting arms for its passage as we speak. Are you going to come back and apoligize to us when Bush signs it like he SAID HE WOULD? LOL. Yeah, when Pigs Fly.

[Joe Hadenuf]

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

I wouldn't hold my breath.

[Luis Gonzalez]

One last thing, there was an article posted a few days ago that spoke about Bush's statement that he would not legalize about three million illegals in the US. On that same article youn twisted what he said, and called him a liar based on the fact that the extension of 245(i) would legalize 200,000.

You would gain more credibility if you did not post such dishonest crap.

[Sabertooth]

One last thing, there was an article posted a few days ago that spoke about Bush's statement that he would not legalize about three million illegals in the US. On that same article youn twisted what he said, and called him a liar based on the fact that the extension of 245(i) would legalize 200,000.

You would gain more credibility if you did not post such dishonest crap.

Gimme the quote and the link, so that I can see the context.

[WRhine]

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

Actually it's a section of 245 itself which "expands" on who is eligible for amnesty and in what time frames.

[sweetliberty]

"the Byrd who voted against Impeachment, was a memeber of the KKK. That Byrd."

Which just goes to show that even a complete jackass can get it right occasionally!

[Luis Gonzalez]

Apologize? Why on earth would I do that? This bill isn't what y'all hoped that it would be. You can barely "rattle a saber" over legalizing a couple of hundred thousand spouses and children of American citizens or legal residents.

Will you come back and apologize when no blanket amnesty bills are passed?

Not a chance!

[Luis Gonzalez]

Now, now...don't go putting words into my mouth when you can barely holds thoughts in your head.

That's not the issue at hand here, the issue at hand here is "The Truth About 245(i)"....please do try to keep up.

[WRhine]

When you start arguing semantics and hidden motives you have lost the battle and are just looking for a way out.

It's an opinion that may or may not prove right. I sincerely doubt that Bush is going to announce one day that he is for the Amnesty of 3 million illegal aliens. Yet, I believe my suspicions about Bush on Amnesties are well founded but, yes, until he actually does the deed it is all speculation.

[Luis Gonzalez]

U.S. President George W. Bush on Wednesday denied he was considering legalizing over three million undocumented Mexicans living in the United States, government news agency Notimex reported.

Speaking to reporters in Washington, Bush said he hoped to work with Mexico on the matter, but said he would follow the will of the U.S. people.

"I don't think the wish of Americans is for an amnesty," said Bush, who added he had spoken about the issue with President Vicente Fox.

There's actually no direct quote in this article to support the headline, but let's give the President the benefit of the doubt momentarily, and assume that a true "Bush says he won't legalize (illegal alien) immigrants" quote was hastily omitted...

The House just passed (under Bush Administration pressure) surreptitious modifications to Section 245(i), which apply specifically to illegals, fining them $1,000 without deporting them.

If a burglar is fined, but allowed to keep his stolen merchandise, has the law really been upheld?

If the Senate approves and Bush signs the 245(i) modifications, we'll have a mini-amnesty for about 200,000 illegals, against the will of the American people.

And we'll also have a liar in the White House by the name of George W. Bush.

http://www.freerepublic.com/fo cus/news/646961/posts?page=45# 45

"...let's give the President the benefit of the doubt momentarily, and assume that a true "Bush says he won't legalize (illegal alien) immigrants" quote was hastily omitted..."

Come on Saber! You called the president a liar based on a quote you admitedly made up yourself?

[Luis Gonzalez]

I don't believe that Western culture is facing any danger here.

I don't subscribe to your "the sky is falling" crap. So I have very little to say to you.

Immigration needs to be a controlled sdituation in this and any country.

Are Mexicans going to cause the downfall of Western culture?

No.

"...are you with us or against us?"

Please...no more sophomoric crap like that.

[wcbtinman]

"...they will be legalized for a fee of $1000. That's Amnesty."

Actually, I prefer the term "extortion". What the govt is trying is nothing more than a sanctioned protection racket.

Some govt pencilneck said there were about 7 million illegals in the US. At 1k per, that is some serious potential dinero.

[Joe Hadenuf]

LOL!

[Joe Hadenuf]

Mind you, there are two questions to answer with a simple YES or NO.

LOL! God I love it.

[WRhine]

Will you come back and apologize when no blanket amnesty bills are passed?

LOL. I see everything has come down to "blanket" amnesties. So if Bush pushes for a number of "limited" amnesties that collectively add up to one BIG amnesty (which is what I think the plan is) are you going to be honest enough to say that you were hoodwinked by Bush?

And doesn't the fact that Bush keeps on “specifying” blanket amnesties give you pause to ponder why he is “qualifying” his statements? If Bush was totally dead set against amnesties all he has to say is "I'm against any kind of amnesty". Boom. Case closed and no debate. That he doesn't say this should not be very comforting to those who willingly shill his every statement.

[DB]

I have a close friend that was illegally brought into this country from El Salvador when she was around two by her aunt. She grew up here, went to school, got a job and did what every other citizen does including being issued a social security number not knowing she wasn't a citizen. In her twenties she got married to a friend of ours. On applying for a passport to go to Canada for their belated honeymoon she found out she wasn't a citizen. She was already pregnant with her first child at this time. For the last six years there has been an on going battle with the INS. They now have two children. They have not and are not on welfare. They both have jobs and have paid taxes here all there working lives. The INS is now entering the final stages to deport her.

I'm outraged. It is wrong.

Here in California when the INS wants to see her, she has to travel 200 miles each way, get there by at least 4 in the morning to get in line at the LA INS office. The INS office only takes the first one hundred or so people per day regardless if you have an "appointment" with them. The INS is a bureaucratic black hole.

The world is not as black and white as so many here seem to demand.