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.

[RickyJ]

Bush will fall over this.

The borders need to be mined immediately.

[wcbtinman]

Just as an aside, fairly serious fence costs about 20./ft. in quantity. With about 2000. miles of border with Mexico, that would take about 200 million dollars if my math is correct.

If it is 5 times that amount, it would be a bargain.

BTW, I have recently been on the border, and what the govt calls a fence is pathetic, what little of it there is.

[Joe Hadenuf]

Most. LOL!

[Texasforever]

The borders need to be mined immediately.

You are an idiot.

[Joe Hadenuf]

Sorry, I was laughing, "Most revealing" LOL!

[Sabertooth]

The link, please.

[Luis Gonzalez]

I don't HAVE any obligation to answer moronic questions. I don't have top follow whatever path you wish to follow. I am here discussing 245(i), not the millions of illegal immigrants in the US.

Now, go back and read REAL slowly, and you will see that in spite all that, I did in fact answer your question.

[Luis Gonzalez]

"The link, please."

Is that thing near the bottom of my response that begins with http://.......

[WRhine]

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

That statement "Bush says he won't legalize (illegal alien) immigrants" was the exact headline of an article posted on FR about a week ago. So it wasn't "made up". Go back and re-read Saber's post.

[Sabertooth]

Is that thing near the bottom of my response that begins with http://.......

Heh! Thanks...

I was looking for something red, easy to find, and clickable.

[Texasforever]

That statement "Bush says he won't legalize (illegal alien) immigrants" was the exact headline of an article posted on FR about a week ago. So it wasn't "made up". Go back and re-read Saber's post.

I think you had better go and read that thread again. This president has not told a lie to this country yet.

[Luis Gonzalez]

Bush writes newspapers headlines?

Best go back and read what I am talking about before blindly defending Saber or we'll start calling you a Saberbot.

[WRhine]

I'm outraged. It is wrong.

I've heard many a story like that. The lawbreakers get the fast track to residency and citizenship while law abiding immigrants get pushed forever to the back of the line. It's no wonder that there is not a country in this world takes our borders or our immigration laws seriously.

[DB]

My ass she should be sent back. She has two young children that need a mother. Her husband and children were all born here. She's been here since she was two, more than twenty five years, paid taxes and been a responsible person. She didn't even know she wasn't a citizen for some time after she married.

[Joe Hadenuf]

Bush says he won't legalize immigrants

The News Mexico | Friday, March 15, 2002 | Stevenson Jacobs, The News Staff - 3/14/2002

Posted on 3/15/02 2:36 AM Pacific by JohnHuang2

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.

Bush and Fox are to meet March 22 during the UN Conference on Financing Development in Monterrey, where they will discuss immigration and post-Sept. 11 border security.

Just days before the terrorist attacks, Fox reportedly had been close to inking a deal that would have granted legal status to an estimated 3.5 million undocumented Mexicans and worker visas to many more.

"We've been working very closely with Mexico," said Bush.

On Tuesday, the U.S. House of Representatives passed a bill that would allow thousands of Mexicans living in the United States to apply for visas without returning to Mexico. The bill now goes to the U.S. Senate.

Bush called the measure "a good step" and urged its fast approval as a show of good faith to its southern neighbor.

The hotel and restaurant industries had been pushing hard for the bill, arguing they would be short staffed if thousands of their Mexican employees were forced to return home to apply for visas.

"What we need to do is find a way to guarantee that the wishes of employers are in balance with those of the workers," said Bush.

Several Republican lawmakers, however, have voiced opposition to loosening any immigration laws before a top-to-bottom overhaul of the Immigration and Naturalization Service and the U.S. Border Patrol.

Bush reiterated his administration's priority of achieving a safe and orderly border, and said he was confident he and Fox could agree on a plan.

"We've had a good dialogue and I don't think it's something that requires a law," said Bush.

stevensonjacobs@hotmail.com

[WRhine]

Bush writes newspapers headlines?

Hello? That headline was what a reporter wrote in summarizing what Bush or his administration said about the general topic of amnesty. Did Bush or his people actually express it that way? Who Knows?

[Dave S]

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

If you are going to mock others, then atleast educate yourself. 245(i) is part of Federal Immigration law. Its not a bill. Its Federal Law. The bill that was voted on in the house was HR 1885. Dont take so much pride in displaying your ignorance. BTW, you are also wrong on what the ammended 245(i) would do.

[Joe Hadenuf]

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.

Great, does this mean we will get to vote on this?

[WRhine]

This president has not told a lie to this country yet.

LOL. Do broken campaign pledges count?