BILL TO RESTORE 245(i) INTRODUCED IN CONGRESS

A bipartisan bill to restore Section 245(i) of the Immigration and Nationality Act has been introduced in the House of Representatives. Section 245(i) was a law that allowed certain persons not eligible to adjust status to permanent residency in the United States to pay a 00 penalty and avoid the bar on adjustment. An applicant still had to otherwise be eligible for permanent residency such as through a family petition, employment petition, lottery win, etc.

Those not eligible for adjustment normally can still pursue permanent residency, but must do so by processing their case at a US Consulate in their home country or place of last residence. For many, however, this is not an option because provisions in the 1996 Immigration Act bar them from reentering the US for up to ten years if they have violated their status in the United States.

The bill, H.R. 1841, was introduced by Representative Luis Gutierrez (D-IL) and Connie Morella (R-MD) and now has 24 cosponsors. The legislation would completely restore Section 245(i) and would apply retroactively as if there were never a disruption in the application of the provision.

Numerous immigrant advocacy organizations have been vocal in supporting the law’s restoration. The American Immigration Lawyers Association, for example, offers three arguments in favor of restoring the law:

• Section 245(i) would allow families to stay together and businesses to retain skilled and trained personnel
• Section 245(i) would only allow individuals who are eligible for green cards to apply in the United States as opposed to people normally ineligible (such as certain people with criminal records or communicable diseases)
• Section 245(i) would provide revenue – possibly as much as 0 million per year - to the INS

The bill will certainly face strong opposition from many in Congress, particularly House Immigration Subcommittee Chairman Lamar Smith. Smith’s web site, in fact, contains a strongly worded statement opposing the restoration.

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