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]

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.

Good Lord! You are starting to sound desperate!

But Reagan DID keep his promise!

He never offered blanket amnesty again during his administration!

So then, is Bush beholden to upkeep Clinton's promises?

Do we need to go back over 226 years of presidential promises and make sure that they are being kept?

LOL! That's funny!

I enjoy your poetry, but I didn't know that you wrote comedy as well.

Sacrosanct?

Yes. Welcome to America.

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

The "rules" are set by Congress, at least that's the way the constitution sets the whole thing up, and congress is changing the rules.So then, the people constitutionally charged with setting (and changing) the rules are changing the rules.

That's the way things are supposed to work in America.

[Sabertooth]

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.

If you've read the law (sic) in its entirety, you'll have no trouble pointing us to the provision of the bill that refutes my post at the top of this thread.

Since no one else has so far, you might find it worth your while. Here is the link and the instructions on how to find HR 1885 in its entirety....

First, click HERE.

Enter HR 1885 in the bill number search field, and click search. Then click on option #1. On the next page you'll see an outline for the entire 1885 legislation. For the 245(i) mods, scroll down to Sec. 607 at the bottom, and click.

Good luck.

[Dave S]

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.

Hey can we send back losers such as yourself as well. That seems a small price to pay. That will leave much more room and opportunity for us REAL Americans.

Most, if not all the people you are talking about entered this country legally. The INS screwed up their applications and are attempting to fix that. This is not wetbacks swimming the Rio Grande and living in the shadows. These are people who came here legally and applied for a change in their status which they are allowed to do by law. You are talking about booting people out for the equivalent of a speeding ticket, not an armed robbery. BTW, the bill just gives them the opportunity to stay here while the work on their already existing applications is completed. They still have to be screened and meet all the qualifications for getting a green card. Learn the facts or admit you just dont want any additional immigrants in this country.

[Sabertooth]

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?

No.

That your comprehension is failing isn't an indication of any lack of clarity on my part.

At #384 I asked you:

Do you know the difference between logically valid, and true?

You've shown no evidence or indication that an answer in the affirmative would be true.

[Sabertooth]

The "rules" are set by Congress, at least that's the way the constitution sets the whole thing up, and congress is changing the rules.So then, the people constitutionally charged with setting (and changing) the rules are changing the rules.

Well, that's the issue, isn't it?

Congress, and President Bush, are changing the rules for Illegals who refuse to live by them.

You think that's fine. I don't.

[jocon307]

Hey suicide pilots a job not too many Americans will do these days.

LOL, good one. This stuff is no joke, but humor shows the truth.

Thanks to whoever posted the language of this bill. I especially like the part about those who entered "without inspection by the INS". Excellent, I'm sure there are many Middle Eastern immigrants here in New Jersey who meet that criteria, have toiled tirelessly in the groceries, newstands, etc. and will gladly pay the $1000.00 fee to stay on. Then they can go get their marching orders at one of our fine Mosques, but what will they blow up next? 'tis a puzzlement!

I'm calling the White House and the RNC TODAY to tell them to stop this nonsense. President Fox will just have to live with the status quo for now, he's a big boy, he'll live. Then I'm calling my Senators (probably a waste of time) and then I'm calling Byrd to say thank you! I know we all don't like this guy, but let us give credit where it is due. Probably part of the reason he keeps getting elected is he listens when people call his office to voice their views. I love Bush, but sometimes I feel he really wants to be president of Mexico.

[Luis Gonzalez]

"The headline made a claim that the article didn't support."

That would then make the newspaper people liars, not the president.

Very weak kitty....

[Luis Gonzalez]

"Congress, and President Bush, are changing the rules for Illegals who refuse to live by them."

You think that's fine. I don't.

You have a problem with the constitution?

[Sabertooth]

You have a problem with the constitution?

It's clear from my post that I have a problem with the President and Congress.

It's not especially clever for you to deliberately make non sequiters.

[Sabertooth]

That would then make the newspaper people liars, not the president.

Go back and read #384, and try and understand it next time.

[Luis Gonzalez]

LOL! That's funny!

One of us is saying millions and then denying that they said millions.

One of us is attributing quotes to Bush that he admittedly made up himelf, and then calling Bush a liar for it.

One of us is calling a fine a fee, and an extension an amnesty.

I guess I'm done with you, you are down to name-calling now.

[Sabertooth]

I guess I'm done with you, you are down to name-calling now.

You really never got started, and I haven't called you any names.

Nevertheless, you can declare victory any time now.

[Luis Gonzalez]

I understand it perfectly. In spite of your best efforts at spin.

What Bush said was that he wasn't considering legalizing over three million illegal immigrants.

The newspaper headline said that he wouldn't legalize immigrants.

You in fact are trying to attribute the headline to Bush.

That's just a blatant lie.

[Luis Gonzalez]

"Nevertheless, you can declare victory any time now."

Silas?

[Sabertooth]

You in fact are trying to attribute the headline to Bush.

That's just a blatant lie.

The lie is yours Luis.

I made clear in the origianl post on the thread in which the article appeared, that the Bush quote suggested by the headline didn't actually appear in the article. Yet many Bush apologists were jumping with glee on that thread for the quote that couldn't be proven.

I then created a hypothetical, conditional statement, to illustrate the consequences if Bush actually had made such a quote. If he did, then he would be a liar.

I've also made this clear to you, several times on this thread.

You have been tenacious in your intellectual dishonesty.

[Luis Gonzalez]

"I then created a hypothetical, conditional statement, to illustrate the consequences if Bush actually had made such a quote. If he did, then he would be a liar."

Talk about intellectual dishonesty.

[Luis Gonzalez]

You don't have the courage to stand by your own statements. You keep fanning the flames of xenophobia by predicting that Bush will grant amnesty to millions, I quoted you directly.

Believe what you want to believe in, I don't care, but at least have the moral fortitude to admitt to what you have been saying all along.

I argue with Willie Green constantly in this forum, but I respect Willie far more than I respect you, he sticks by what he says.

You should learn a lesson from Willie.

[RickyJ]

You don't care about the sovereignty of this great country. If we don't stop illegal immigration the USA will CEASE TO EXIST!

[RickyJ]

Hey Luis, I see your trying to defend the indefensible. Illegal aliens shouldn’t be rewarded with special privileges, they should be deported immediately.

I see you also don't care about the sovereignty of this great country.

[AAABEST]

200,000 people mostly by not fault of their own became illegal, such as entering on a valid visa getting married and the beauacracy makes them illegal because their visa ran out.

Again you speak before having your facts straight. Once you're married, you are automatically resident alien status. Under current law any immigrant with immediate family under legal satus can apply and become a legal resident already. This bill changes none of that so the family values argument is a lot of crap.

This bill specifically states that anyone who is here, legally or illegally can apply for "legal" status. You can tap dance around and try to make it look like something it isn't, but that doesn't change what it is.

Just a question. I haven't read anything about a ceiling, so I'm wondering how they came up with 200,000 applicants. Anyone know how this figure was arrived at?