Our test subject is an Egyptian citizen born in 1968. He comes to the United States and overstays his visa, while here he finds work and a nice US citizen female to marry him.
At the end of Clintons presidency, he passes the Life Act and extended 245(I). Our subject applies. Since the INS can't do a Country background check and does not have information from the FBI, CIA or State Department, our subject is granted an adjustment of status, because the ins does not find any criminal history in the US. No on knows what he has done in Egypt or anywhere else.
Can you guess this guys name?
Mohammed Atta
While this is not really what happened, it very possible could happen and we do not know how many more Mohammed Atta's are in the US.
As 245(i) is written write now, there are several possible terrorist in custody that could apply and be granted there adjustment, if we can't find enough evidence against them. And just because we can not find the evidence, does not mean it is not there.
This is not counting the terrorist we don’t know we are here and are very adept at exploiting our weak immigration laws. This is an invitation for disaster.
If Congress would modify the law, to include a broader more thorough background investigation, remove the labor certificate portion of the law, and restrict it to illegal aliens that were married during the original period, as apposed to letting the get married just to apply, then I would not have that much of a problem with it.
But no matter what they do, 245(I) promotes illegal immigration. This is not the first time we have don this and the illegal aliens know we are stupid enough to do it again, so they will just come and wait.