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AMNESTY by BUSH - The Truth about Section 245(i)
March 19th, 2002 | Compiled by Sabertooth

Posted on 03/19/2002 1:49:07 AM PST by 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)

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.



TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; Political Humor/Cartoons
KEYWORDS: 245i; amnesty; illegals; immigrantlist
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To: AAABEST
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?

Dunno. I just went with the most low-ball estimate, and it seemed to be one that Bush and Amnesty apologists were most comfortable with.




441 posted on 03/20/2002 8:46:17 AM PST by Sabertooth
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To: AAABEST
I haven't read anything about a ceiling, so I'm wondering how they came up with 200,000 applicants

That's what I've been trying to figure out. The bill says nothing about the number of illegal aliens that could take advantage of 245i. Seems to me Bush and company picked this number out of thin air.

I have lost all respect for Bush. He should resign.

442 posted on 03/20/2002 8:47:52 AM PST by RickyJ
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To: AAABEST
"This bill specifically states that anyone who is here, legally or illegally can apply for "legal" status."

No, it doesn't. The bill calls for a sponsor. A family member (spouse, parent, child) or an employer.

The language is very specific on that.

443 posted on 03/20/2002 11:45:17 AM PST by Luis Gonzalez
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To: RickyJ
Illegal aliens shouldn’t be rewarded with special privileges, they should be deported immediately.

What special provileges? Any alien currently in this country on a visa (worker, tourist, education, etc) can apply for a change in status to permanent resident. That is law now. These people that you are calling illegals, came in on a visa, made their application for change in status like they are allowed by law and the government bureaucrats at the INS screwed up like they did in finally issuing Atta's student visa last week a year late and six months after his death. These are not special privileges. Got it? In fact 245(i) was existing law until April 30 when it expired. This thing you are calling amnesty has existed in law for years. Fact that you call it an amnesty doesnt make it so.

An analogy might be as follows. You depoit funds in your checking account and write checks. Your bank (INS) screws up and credits the deposit to someone else's account. Meanwhile all your checks bounce. Even though your bank admits it deposited the money to the wrong account and its the banks fault, they take several months to rectify the situation. Your solution to this problem following how you are treating the INS situation would be to charge $20 a check for each check bounced and report your check kiting to the cops and want you arrested. All this even though you are innocent.

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

What? What does this law have todo with sovereignty? Do you know who passes the laws, do you know who enforces the laws? How can this harm our sovereighty. Sinec you cant argue the facts, it seems you are going to argue the "red, white, and blue."

444 posted on 03/20/2002 12:10:22 PM PST by Dave S
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To: AAABEST
Section 245(i) is not amnesty

What is it?

Our immigration laws allow qualified individuals to enter the United States as lawful permanent residents ("green card" holders) when they first 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, or if you entered with permission but did not stay in lawful status, 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.

If I entered without permission or I did not stay in lawful status, how can I adjust my immigration status without leaving the U.S.?

  1. IF YOU ARE ELIGIBLE TO ADJUST YOUR STATUS, THE FOLLOWING DOCUMENTS MUST BE SUBMITTED EARLY ENOUGH SO THAT THEY ARE RECEIVED ON OR BEFORE APRIL 30, 2001:
     
  1. INS Form I-130 must be submitted by a close relative who agrees to sponsor you. Your relative must be a United States citizen or lawful permanent resident. If the filing date of the I-130 is after January 14, 1998, then you will need to show that you were in the United States on December 21, 2000, when you file later for adjustment of status.
    • United States citizens may sponsor their parents, spouse, children (regardless of age or marital status), and siblings
    • Lawful permanent residents may only sponsor their spouses and their unmarried children.
    • No one can sponsor uncles, cousins, nieces and nephews, brothers- and sisters-in-law, or grandparents.

OR

  1. Department of Labor Form ETA-750 and/or INS Form I-140 should be filed if your employer agrees to sponsor you. Your employer should check with the local Employment Services Office to see which form(s) are required. In some cases, you may be able to file the forms yourself. If the filing date of the form(s) is after January 14, 1998, then you will need to show that you were in the United States on December 21, 2000.

OR

  1. INS Form I-360 may be filed, if you are a member of a special group such as an Amerasian, the widow(er) of a United States citizen, a battered spouse, or you may file a Form I-526 if you are an alien investor.
  1. When a visa is immediately available, you should file the Adjustment of Status Forms I-485 and I-485A, with the correct fees and a $1,000 penalty. Unless you are the parent, spouse or unmarried child under 21 of a United States citizen, you must wait until an immigrant visa number is available to you before filing for adjustment of status. There is no deadline for this application.

This information about adjustment of status is based on the Immigration and Nationality Act, as changed by the Legal Immigration Family Equity Act (LIFE) and LIFE Act Amendments. Detailed information on Section 245(i) will be included in the regulations to be published.

You might be eligible to adjust your status under a different part of Section 245, without paying the penalty and without regard to the filing deadlines, if you are someone who entered with permission but who has been out of status for 180 days or less, or if your sponsor is your spouse, parent, or child and a United States citizen. More information on application filing procedures and updates on LIFE and other immigration benefits can be found on the INS website, www.ins.usdoj.gov, or on the INS Help Line at 1-800-375-5283, as it becomes available. Link.

445 posted on 03/20/2002 12:12:19 PM PST by Luis Gonzalez
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To: RickyJ
I haven't read anything about a ceiling, so I'm wondering how they came up with 200,000 applicants.

That's what I've been trying to figure out. The bill says nothing about the number of illegal aliens that could take advantage of 245i. Seems to me Bush and company picked this number out of thin air.

If you read the language in the proposed law and understood it rather than promulgating all this propaganda, you would know that everyone who qualifies for 245(i) had to have made application for change in status prior to August 15, 2001. Since these applications are already in the INS computer, I think even they ought to be able to make an estimate of the maximum number of people that would be covered by this return to the old law that existed prior to April 30.

446 posted on 03/20/2002 12:19:58 PM PST by Dave S
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To: RickyJ
Main Entry: sov.er.eign.ty
Function: noun
Etymology: Middle English soverainte, from Middle French soverainete, from Old French, from soverain
Date: 14th century
Variant(s): also sov.ran.ty /-tE/
Inflected Form(s): plural -ties
1 obsolete : supreme excellence or an example of it
2 a : supreme power especially over a body politic b : freedom from external control : AUTONOMY c : controlling influence
3 : one that is sovereign; especially : an autonomous state

Keeping in mind that the people discussing this issue in DC, who are also the people that will pass this extension, are duly elected to their posts under the laws of the United States, and that they are acting under the strict guidelines set forth by our constitution, how could you possibly argue loss of "sovereignty"?

We are going to lose our sovereignty by creating more citizens?

Ludicrous.

447 posted on 03/20/2002 12:20:40 PM PST by Luis Gonzalez
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To: 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."

Show me one single post where I have defended illegal aliens.

448 posted on 03/20/2002 12:22:02 PM PST by Luis Gonzalez
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To: Miss Marple
Write your Congressman and ask him why the INS isn't allowed to fire people

In your ardor for GWB rather than the nation, you assert that the INS patchwork of self-asserted "improvements" represent a substantive change. They do not.

The INS is broken beyond repair, and these inconsequential tweaks do not fix the core problems at the agency (which for the most part are the fault of Congress, and not the people working at INS).

Further, I don't typically write my Congressman or Senators about INS issues. I talk to them, or to their aides. I can assure you that you are the odd man out on this topic.

449 posted on 03/20/2002 1:38:56 PM PST by angkor
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To: AAABEST
I'm wondering how they came up with 200,000 applicants.

Simple. It is pure and unadulterated propaganda drawn from thin air, as is the assertion that 245(i) "only applies to those who have been caught in a bureaucratic SNAFU."

Under 245(i), anyone who can "prove" a family or employment relationship prior to August 2001 - and can get a sponsor to back it - is eligible for the non-amnesty amnesty. If you had a civil marriage with Bonita on July 15, 2001, you're in. If Joe's Landscaping employed you (illegally) from January 2000 to July 2001, you're home free.

You don't have to have done anything prior to August 2001 other than to (a) have worked illegally or (b) have married a citizen or permanent resident. And having done that (all of which is illegal under the United States Code Section 1245), you are now eligible for 245(i).

There's a lot of propaganda being tossed about, even by seriously misinformed conservatives.

450 posted on 03/20/2002 1:48:50 PM PST by angkor
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To: angkor
The patchworks improvements are the ones that can be done WITHOUT legislation, which your hero Senator Byrd is stalling.
451 posted on 03/20/2002 1:50:10 PM PST by Miss Marple
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To: angkor
"You don't have to have done anything prior to August 2001 other than to (a) have worked illegally or (b) have married a citizen or permanent resident. And having done that (all of which is illegal under the United States Code Section 1245), you are now eligible for 245(i)."

US Code makes it illegal for a foreign national to marry a US citizen?

452 posted on 03/20/2002 2:21:07 PM PST by Luis Gonzalez
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To: angkor
Though the bill is aimed at illegal immigrants, Bush three times referred to legal immigrants as he promoted it

Bush lies about this bill and gets a pass from the liberal media because they know who these illegal immigrants will vote for once they become citizens of both the USA and Mexico.

453 posted on 03/20/2002 2:32:24 PM PST by RickyJ
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To: Sabertooth
BTTT!!
454 posted on 03/20/2002 2:54:38 PM PST by Uncle Bill
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To: RickyJ
BTTT!
455 posted on 03/20/2002 3:20:14 PM PST by Uncle Bill
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To: Brownie74
Companero, Co-President, whatever. Fox must be holding something real big over Bush's head.

Fox is holding the 2004 election over Bush's head. 2000 was a dead heat, and Bush is looking for a decisive advantage next time. Together Bush and Fox can create millions of fresh Hispanic voters, and them Fox will endorse Bush like crazy, influencig what will be THE deciding bloc in the 2004 election.

It a pure political sellout of American sovereignty - and I might add, of the value and meaning of YOUR citizenship.

456 posted on 03/20/2002 3:30:36 PM PST by ATR
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To: ATR
I agree with you for the most part. I don't think Bush is going to gain that much of the Hispanic vote. Plus Bush is going to lose a lot of votes from his grassroots supporters over this. It is going to be close.

It a pure political sellout of American sovereignty - and I might add, of the value and meaning of YOUR citizenship.

Sadly you are 100% correct. That is bottom line.

I have already written Bush and told him that if he places the interest of Mexico and the Mexican people above me and my family, he will not get my vote in 2004. End of story!!

457 posted on 03/20/2002 4:00:15 PM PST by Brownie74
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To: Sabertooth; all
I have a stupid question: Where in the Constitution is Congress given the power to restrict immigration in the first place? Sorry to sound nitpicky, but I do think we need to clear the air on this. It isn't as cut and dried as it may appear.
458 posted on 03/20/2002 4:53:25 PM PST by inquest
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To: inquest
Re: your post#458.

Article I, section 8.

459 posted on 03/20/2002 5:23:15 PM PST by Buckeroo
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To: Buckeroo
Okay, I see Article 1, Section 8. There's no mention of immigration anywhere there.
460 posted on 03/20/2002 5:39:41 PM PST by inquest
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