{ "id": "RL31373", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31373", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 101166, "date": "2003-01-15", "retrieved": "2016-05-24T20:00:20.359941", "title": "Immigration: Adjustment to Permanent Resident Status Under Section 245(i)", "summary": "Bills have been introduced in the 108th Congress to extend ( H.R. 85 ) or make permanent\n( H.R. 47 ) a controversial immigration provision known as Section 245(i). Section\n245(i) of the Immigration and Nationality Act (INA) was first enacted as a temporary provision in\n1994 and has been extended several times since then. It enables unauthorized aliens in the United\nStates who are eligible for immigrant visas based on family relationships or job skills to become\nlegal permanent residents (LPRs) without leaving the country, provided they pay an additional fee. \nBefore an alien can apply to adjust to LPR status, the alien must have an approved immigrant visa\npetition and must have a visa number immediately available to him or her. Currently, to be eligible\nto adjust status under Section 245(i), an unauthorized alien must be the beneficiary of an immigrant\npetition or labor certification application filed by April 30, 2001. An unauthorized alien whose\npetition or application was not filed by April 30, 2001 must go overseas for a visa.\n Section 245(i) became more significant after 1996, when Congress enacted a law containing\na provision known as the \"3 and 10 year bars.\" Now an alien who is unlawfully present in the United\nStates for more than 180 days and then leaves the country is barred from re-admission for either 3\nor 10 years, depending on the length of the illegal stay. By enabling eligible aliens to become LPRs\nwithout departing the country to obtain visas, Section 245(i) shields them from the effects of these\nbars.\n The 107th Congress considered, but did not enact, Section 245(i) extension legislation. In\nSeptember 2001, the Senate amended and passed H.R. 1885 . As amended by the\nSenate, H.R. 1885 would have extended the deadline under Section 245(i) for filing\nimmigrant petitions or labor certification applications to the earlier of April 30, 2002, or the date that\nwas 120 days after the Attorney General issued final regulations. In March 2002, the House passed\n H.Res. 365 , in which it concurred in the Senate amendment to H.R. 1885 \nwith additional amendments. The House amended the Senate-passed Section 245(i) language to\nextend the filing deadline to the earlier of November 30, 2002, or the date that was 120 days after\nthe Attorney General issued final regulations. In addition, both the House-passed and Senate-passed\nbills would have added new restrictions to Section 245(i). \n In the 108th Congress, H.R. 85 would extend the deadline under Section 245(i) for\nfiling immigrant petitions or labor certification applications until April 30, 2002. H.R. 47 would eliminate existing filing deadlines to make Section 245(i) a permanent provision of the\nINA.\n Section 245(i) sparks heated debate. Supporters characterize it as a humane, pro-family\nmeasure that enables prospective immigrants present in the United States to remain with their\nfamilies while they go through the process of becoming LPRs. Opponents counter that Section\n245(i) is an amnesty provision that rewards lawbreakers and encourages illegal immigration.\n This report will be updated as legislative developments occur.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31373", "sha1": "01a333c9d60f222827989ae6a1d8aae403799dcb", "filename": "files/20030115_RL31373_01a333c9d60f222827989ae6a1d8aae403799dcb.pdf", "images": null }, { "format": "HTML", "filename": "files/20030115_RL31373_01a333c9d60f222827989ae6a1d8aae403799dcb.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs3165/", "id": "RL31373 2002-04-18", "date": "2002-04-18", "retrieved": "2005-06-11T20:40:27", "title": "Immigration: Adjustment to Permanent Resident Status Under Section 245(i)", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20020418_RL31373_33a96db91bd3a6b8a82ee671703dbbdcfbf26ca7.pdf" }, { "format": "HTML", "filename": "files/20020418_RL31373_33a96db91bd3a6b8a82ee671703dbbdcfbf26ca7.html" } ], "topics": [ { "source": "LIV", "id": "Immigration", "name": "Immigration" }, { "source": "LIV", "id": "Immigration policy - Law and legislation", "name": "Immigration policy - Law and legislation" } ] } ], "topics": [ "American Law", "Domestic Social Policy" ] }