I rise in support of an extension of section 245(i) of the Immigration and Naturalization Act. In fact, on May 3, 2001, Congressman Gutierrez and I introduced H.R. 1713 which would permanently extend this critical section. The 245(i) provision allows for eligible immigrants to apply for residency while remaining with their families and in their jobs in the United States, provided they pay a $1,000 penalty. Section 245(i) does not change the rules under which a visa is granted, merely the location where the processing of the visa occurs. Those who participate in this section must be eligible to obtain legal status in the form of permanent residence in this country and must qualify for immigrant visas on a family relationship or an offer of employment. They must also have a visa number immediately available and must be otherwise admissible to the United States. With passage of the 'Legal Immigrant and Family Equity Act of 2000' during the waning days of the 106th Congress, the grandfather clause deadline of Section 245(i) was extended from January 14, 1998 until April 30, 2001. The April 30th deadline is now well past. Eligible immigrants are now required to apply at American consulates in their home countries and, therefore, must risk being barred from returning to their families and American jobs for anywhere between 3 and 10 years.
Editor's note · Context
Discussing the extension of section 245(i) of the Immigration and Naturalization Act.
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