May 10, 2002

Revival of Extension of Section 245(i)?

On May 9, 2002, Senator Daschle (D-SD), the Senate Majority leader, introduced the Uniting Families Act of 2002, proposing the extension of Section 245(i). This version of the bill would extend the filing deadline until April 30, 2003. The text of the bill is not yet available and will be posted when it becomes available.

While foreign nationals would still have had to verify that they were physically present in the U.S. on December 21, 2000, but unlike other 245(i) provisions currently pending, they would not have to show that the employment or familial relationship existed by a particular date. This extension, like previous 245(i) provisions, does not cure a foreign national’s ineligibility for permanent residence due to marriage fraud, security concerns or other grounds of ineligibility pursuant to the Immigration and Nationality Act.

Both the Senate and House versions of the bill are likely to be revised considerably if a compromise on final measure is to be reached.

GT will continue to provide updates on the progress of these bills as they become available.

Information courtesy of the American Immigration Lawyers Association