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.

[Sabertooth]

Bush (George W) made that promise?

No, Ronald Reagan and the Federal government did.

President Bush and the current Federal government are beholden to it.

Sacrosanct?

Yes. Welcome to America.

We expect you and everyone here to play by the rules.

[Buckeroo]

You are a freaking madman, similar to anyone that draws criminals into an amnesty program; within today's American jails about 10% of convicted criminals are illegal aliens. That is about 200,000 unwanted folks that should never have been here to begin with. Today, we see a Congress *AND* a president telling America that we need this caliber of citizen to make America strong.

As for your stinking "crack-pipe" remark, you can shove it where the Sun don't shine.

[Texasforever]

3) Bush said over and over that he was against the McCain/Feingold Campaign Finance Reform bill. Yet, just last week he said during a beltway roast of Tom Daschle that he was going to sign that bill. Do you honestly believe he won't sign that bill?

Did you read the link I provided above? That was Bush's CFR proposal and it is very close to the bill that passed. As to education, he did say he wanted school choice and he did not get it with the actual bill, however he did get the most important part at least to him, school accountability and the closing of schools that do not meet standards. Yes he is concerned about our borders but I will never convince you of that.

[Buckeroo]

" .... school accountability and the closing of schools that do not meet standards." -- Texasforever

I hate to step on your toes. But the government process about "accountability" and the eventual "closing" of a public school ( assumes acceptance of federal educational funds ) will take about 10 years.

All you are saying is that our children become too old before understanding tyranny.

[Texasforever]

All you are saying is that our children become too old before understanding tyranny.

The journey of a 1000 miles starts with the first step. BTW you did not acknowledge that Bush as a candidate did not lie once he became president on CFR. Be a man an admit it.

[Buckeroo]

"The journey of a 1000 miles starts with the first step." -- Texasforever in reference to the education reform act by President GWB

Your quotes are sounding more and more like GWB's pop. More UN gibberish, "of a thousand points of light.". Within our republic, we don't need continuous reform from political party quantified "renewal programs" such as education. We need our nation based upon Constitutional characteristics. You bally around the banner on one hand and drop the ball on the other, Tex.

[Texasforever]

. You bally around the banner on one hand and drop the ball on the other, Tex.

Still waiting for you to be the man you claim to be and admit that Bush did not lie about CFR.

[angkor]

As I said, there are 4 to 12 million illegal aliens in the United States. No one really disputes those estimates.

400 new inspectors will not be capable of (a) handling the new caseload of 245(i) scofflaws, and (b) locating and deporting the remaining millions.

Border controls by the military (a) violates habeus corpus making it subject to legal challenge (b) does nothing about the millions of illegal aliens already inside our borders.

Background checks have always been fairly rigorous for legal immigration applicants, including a lifetime criminal background check in the home country, which this bill does not envision. There is a complete disconnect between the scofflaw's behavior at home, and the scofflaw's behavior in the United States.

The INS has been issuing bogus claims about their success in controlling the border for decades. Common sense and casual observation indicate they have been less than accurate and effective, and there is no reason to expect that pattern has changed.

Raising processing fees on legal applicants, as always, does nothing to deter those who intend to evade the law in the first instance.

So even though we may assemble various discrete factoids and sew them together as an apparent "call to action" by the INS, it is fact the case that as of 20 March 2002 nothing has been done, the illegal alien situation has done nothing but deteriorate, and there has been no change whatsoever in the internal operations of the INS, the "worst agency in the federal government," according to just about anyone on Capitol Hill.

[amstaff1]

Of course the fourteenth amendmendment should be "amended" to reflect the times. It's the very definition of ludicrous to believe that someone who steals their way into a country and gives birth twenty four hours later, is giving birth to a legal citizen of that country. I'm not certain what the writers of that particular section were thinking, but I'm sure the times were vastly different and the need for such a clause has to be re-examined. Anchor babies are a very large part of the problem and not enough debate goes on about this matter IMO.

[Brownie74]

"I'm not sure the wish of Americans is for amnesty. Therefore, I had to consult with my companero Vincente Fox."

Companero, Co-President, whatever. Fox must be holding something real big over Bush's head.

[Miss Marple]

There is a difference between "nothing being done" and nothing YOU like being done. I see what this is: anything the INS does is either ineffective OR, if effective, illegal. You want to castigate the Bush Administration for inactivity, but when I show you activity (and I only skimmed that site) you then say that it isn't fitting your definition of acceptable activity.

I have no more time for this silliness. Write your Congressman and ask him why the INS isn't allowed to fire people, BY LAW.

[Twodees]

Well, I guess we're just old racist xenophobes, Pelham. BTW, your nick is a long time family name in my family ever since my great-great granpa named his first son John Pelham Wagner after the gallant Pelham of the Confederate horse artillery.

There, that ought to really give them something to screech about. ;-)

[Twodees]

Non sequitor, Luis. If a burglar breaks into your house, and can simply go to the police station before he's caught and pay a fine in order to avoid prosecution, then the rule of law has not been served. That's a much more accurate scenario than the one you put forth.

You're trying to argue as if a single case may be dismissed for one reason or another, rather than facing the obvious fact that violation of some laws has been nullified by an act of Congress for a certain group of people who aren't citizens.

Why do you want Mexicans who have broken our laws to be excused and allowed to stay ostensibly to become citizens? Are you desperate enough for people to converse with in Spanish that you'd risk letting Mohammed Farzuq, alias Jorge Obregon set off a nuke and kill your children? That's exactly what this kind of legislation at this particular time could cause.

You need to wake up, son. This is a security issue, not a case of mass xenophobia. People who have violated immigration regulations need to be sent home and barred from reentry. If that includes those who don't intend us harm, then that's a small price to pay. We're at war, and the war is going to be waged against us here at home by people who come from elsewhere. Everyone who came here from somewhere else is supect and has to be checked out. The flow of people from outside our borders also has to be checked, no matter the cost. The alternative is national suicide.

[Luis Gonzalez]

So, my asking you to clarify your stance (you've been all over the place on this) is indicative of dishonest debate?

That would be you debating dishonestly, wouldn't it?

[jwalsh07]

Dude, you can't deport American citizens no matter where the Daddies came from.

[Luis Gonzalez]

"If a burglar breaks into your house, and can simply go to the police station before he's caught and pay a fine in order to avoid prosecution, then the rule of law has not been served."

If he can do that, that would mean that the law allows him to do that, and the rule of law would have been served.

"You need to wake up son."

Don't ever call me your son again.

[Luis Gonzalez]

The proposed extension addresses some problems created by the INS under Janet Reno, as well as the needs of some US citizens with alien spouses. It also makes it impossible for employers to apply for visas for employees they don't have in their payrolls yet. Read the law in its entirety, not just what Saber posts.

"Are you desperate enough for people to converse with in Spanish that you'd risk letting Mohammed Farzuq, alias Jorge Obregon set off a nuke and kill your children?"

I see that you are starting your snide tone, and all your patronizing crap.

So I'll bow out now, before you begin your usual rounds of name-calling.