President Supports Extension of 245(i)
Posted May 11, 2001

In the April 27, 2001 issue of the MurthyBulletin we published an article entitled 245(i) Deadline Will Not be Extended, at Least for Now, which discussed the chances for extension of 245(i). We are now pleased to report that President George W. Bush has expressed his support and willingness to sign an extension of Section 245(i). As many readers are aware, the LIFE Act, enacted on December 21, 2000, extended 245(i) to the current deadline of April 30, 2001, and also imposed a requirement that the person must have been physically present in the U.S. on December 21, 2000.

As background, 245(i) provides an opportunity for out-of-status persons to apply for the Green Card through an employer or certain relatives as legally permissible under U.S. immigration law. For a description of what 245(i) does, and does not do, and the latest INS instructions and regulations, please refer to our April 6, 2001 MurthyBulletin article entitled Section 245(i) Regulations Published March 26, 2001.

There are several bills proposed in Congress to extend 245(i) for six months or a year beyond the April 30, 2001 deadline. Of course, for any bill to become law, the Senate and the House of Representatives must first pass it, and then the President must sign it. We were therefore very encouraged to find out that the Bush Administration has publicly declared its support for an extension of 245(i). White House Spokesman Ari Fleischer announced that President Bush would send a letter to Congress in favor of a 245(i) extension. The President did not say what the duration of the extension should be, but, according to Mr. Fleischer's statement, he would like to work together with Congress to iron out the details.

The President's letter declares that a primary goal of immigration policy should be to support families. He therefore supports an extension of time for people to apply under 245(i) enabling them to stay in the U.S. rather than having to go abroad and be separated from their families for up to ten years. Mr. Bush mentions that 245(i) was a key concern of Attorney General Ashcroft and Secretary of State Powell in their discussions with the Mexican government on immigration policy.

Mr. Bush also raises an important issue of basic fairness, suggesting that there was not enough time for people to apply. He states that as many as 200,000 eligible people were not able to apply within the deadline. The fact that INS regulations were not issued until late March may have compounded the difficulty. The letter concludes as follows: "It remains in our national interest to legitimize those resident immigrants, eligible for legal status, and to welcome them as full participants of our society. But we will only be able to do this if the path to legalization encourages family reunification." Therefore, he states, he supports a temporary extension of 245(i), retaining the physical presence requirement.

The Law Office of Sheela Murthy encourages everyone to call your Senators and Representatives and urge them to enact an extension of 245(i). Express your support for a permanent extension, rather than one with an arbitrary deadline that serves no legitimate purpose. The phone number for the Congressional switchboard is 202-224-3121.