Immigration: Adjustment to Permanent Resident Status Under Section 245(i) (CRS Report for Congress)
Premium Purchase PDF for $24.95 (12 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
Revised Jan. 15, 2003 |
| Report Number |
RL31373 |
| Report Type |
Report |
| Authors |
Andorra Bruno, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
-
Premium April 18, 2002 (12 pages, $24.95)
add
|
Summary:
Bills have been introduced in the 108th Congress to extend ( H.R. 85 ) or make permanent
( H.R. 47 ) a controversial immigration provision known as Section 245(i). Section
245(i) of the Immigration and Nationality Act (INA) was first enacted as a temporary provision in
1994 and has been extended several times since then. It enables unauthorized aliens in the United
States who are eligible for immigrant visas based on family relationships or job skills to become
legal permanent residents (LPRs) without leaving the country, provided they pay an additional fee.
Before an alien can apply to adjust to LPR status, the alien must have an approved immigrant visa
petition and must have a visa number immediately available to him or her. Currently, to be eligible
to adjust status under Section 245(i), an unauthorized alien must be the beneficiary of an immigrant
petition or labor certification application filed by April 30, 2001. An unauthorized alien whose
petition or application was not filed by April 30, 2001 must go overseas for a visa.
Section 245(i) became more significant after 1996, when Congress enacted a law containing
a provision known as the "3 and 10 year bars." Now an alien who is unlawfully present in the United
States for more than 180 days and then leaves the country is barred from re-admission for either 3
or 10 years, depending on the length of the illegal stay. By enabling eligible aliens to become LPRs
without departing the country to obtain visas, Section 245(i) shields them from the effects of these
bars.
The 107th Congress considered, but did not enact, Section 245(i) extension legislation. In
September 2001, the Senate amended and passed H.R. 1885 . As amended by the
Senate, H.R. 1885 would have extended the deadline under Section 245(i) for filing
immigrant petitions or labor certification applications to the earlier of April 30, 2002, or the date that
was 120 days after the Attorney General issued final regulations. In March 2002, the House passed
H.Res. 365 , in which it concurred in the Senate amendment to H.R. 1885
with additional amendments. The House amended the Senate-passed Section 245(i) language to
extend the filing deadline to the earlier of November 30, 2002, or the date that was 120 days after
the Attorney General issued final regulations. In addition, both the House-passed and Senate-passed
bills would have added new restrictions to Section 245(i).
In the 108th Congress, H.R. 85 would extend the deadline under Section 245(i) for
filing 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
INA.
Section 245(i) sparks heated debate. Supporters characterize it as a humane, pro-family
measure that enables prospective immigrants present in the United States to remain with their
families while they go through the process of becoming LPRs. Opponents counter that Section
245(i) is an amnesty provision that rewards lawbreakers and encourages illegal immigration.
This report will be updated as legislative developments occur.
