Major Immigration Initiatives-Empty 245(i) extension

On March 12 the House of Representatives passed an extension of Section 245(i) as an amendment to the Enhanced Border Security and Visa Reform Act of 2002. This issue-remerged as President Bush' prepared for his visit to Mexico. It appeared that the President wants present Fox with some evidence of his concern for the Mexican migrant situation. Allegedly President Bush was also trying to court the Latin vote.

Section 245(i) of the Immigration and Nationality Act allows otherwise qualified immigrants (those who have approved family or employment based petitions) who have had technical visa problems, periods of unauthorized employment or failed to maintain a continuous lawful status in the U.S. to apply for green card status without leaving this country. Congress first enacted Section 245(i) in 1994. Congress allowed 245 (i) to "sunset" but the Legal Immigration and Family Equity (LIFE) Act reinstated §245(i) until April 30, 2001.

However as passed by the House in March, 245(i) is an empty extension that will provide little relief to those that need it. The House agree to extend to November 30, 2002, or to a four month period after the INS promulgated regulations, whichever is earlier. But the qualifying relationship, whether employment or family-based, on which the immigrant petition was based must have existed before August 15, 2001. Furthermore, for employment based cases, the Labor Certification would have to have been filed prior to the August 15^th date. While this extension will clearly help relatively few people, we must consider the positive side: This is among the only favorable legislation for immigrants passed post 9/11 by the House.

As of early April the Senate has not considered a similar extension. We will keep you updated on any new information relating to §245(i)

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