 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
||||
|
On May 21, 2001, the U.S. House of Representatives voted 336 to 43 in favor of H.R. 1885, a bill to extend a deadline pertaining to Section 245(i) of the Immigration and Nationality Act. Section 245(i) allows certain individuals, who are otherwise eligible for an immigrant visa but barred from adjustment of status, to obtain an immigrant visa without leaving the U.S. upon payment of an additional $1000 penalty fee. Without Section 245(i), these individuals would need to obtain their immigrant visas abroad and might be subject to lengthy bars to re-admission. Section 245(i) is a temporary provision. The LIFE Act, that was signed into law on December 21, 2000, extended its “grandfather clause” from January 14, 1998 to April 30, 2001. The LIFE Act required applicants, who needed to adjust under Section 245(i), to show that they were: (1) physically present in the U.S. on December 21, 2000, and (2) a beneficiary of an immigrant petition (Form I-130 or I-140) or a labor certification filed before April 30, 2001. H.R. 1885, if passed by the Senate and signed by the President, would extend the April 30, 2001, deadline for four months. The extension would be restricted, however, to those applicants who could show that “the familial or employment relationship,” that is the basis for the application, existed on or before April 30, 2001. Another bill was introduced in the Senate (S. 778), and would extend the April 30, 2001, deadline for one year and would have no such restriction. Immigration advocates are supporting S. 778. They contend that although H.R. 1885 would likely become law sooner, its restriction and shorter duration would prove far more burdensome, both in terms of implementation and an applicant’s ability to comply. |
||||
|