President Asks Congress for 245(i) Extension

IMMIGRATION LAW & POLICY

Obtaining Lawful Permanent Residence Status

PRESIDENT ASKS CONGRESS FOR 245(i) EXTENSION
Immigrants' Rights Update, Vol. 15, No. 4, June 29, 2001

Calling himself a proponent of government policies that "recognize the importance of families and that help to strengthen them," on May 1, 2001, President George W. Bush sent a letter to leaders of the U.S. Senate and House of Representatives stating his support for legislation that would extend the benefits of Immigration and Nationality Act section 245(i). Section 245(i) allows immigrants who entered the United States without inspection or who overstayed their visas to adjust their status to lawful permanent residence without having to leave the U.S., provided they pay a $1000 penalty and are beneficiaries of family- or employment-based visa petitions that were filed on or before a certain date. (For more about the benefits of section 245(i), see "INS Instructs on What Constitutes Timely Application under Extension of 245(i).")

The president's letter notes that while there may be 500,000 undocumented immigrants in the U.S. who, due to family relationships, are eligible to become lawful permanent residents, an estimated 200,000 missed the latest deadline—Apr. 30, 2001—by which family-based visa petitions must have been filed in order for their beneficiaries to qualify to adjust under section 245(i). According to the letter, preliminary reports suggest that many applicants were unable to complete their paperwork in time because the INS took too long to issue regulations.

On May 21, 2001, the House voted 336-43 to move up another four months the "sunset" date for qualifying for section 245(i) adjustment. The legislation that passed in the House retains the provision requiring that, to be eligible for 245(i) adjustment, visa petition beneficiaries must have been physically present in the U.S. as of Dec. 21, 2000. It also requires would-be beneficiaries of 245(i) adjustment to demonstrate that the family or employment relationship upon which their visa petition is based existed prior to Apr. 30, 2001.

If passed with the new House restrictions, the legislation would require new implementing regulations. It seems unlikely that the INS would draft such regulations and publish them in time to give would-be applicants sufficient opportunity to submit quality applications before the new deadline.

Meanwhile, Senator Hagel (D-Nebraska) has introduced SB 778. The bill calls for a one-year extension of 245(i) and does not require that the employment or family relationship upon which the visa petition is based have existed prior to Apr. 30, 2001. The Senate Judiciary Committee will take up the bill when it resumes work after June 6, 2001.