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245i and 9/11.

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  • Mo
    replied
    Under the recent 245i (Dec 21, 2000), beneficiaries of an immigrant petition or labor certification that is filed after the old deadline of January 14, 1998, but before the new deadline of April 30, 2001, will be required to prove that they were physically present in the United States on the date that LIFE Act is signed into law, December 21, 2000.

    A joint memorandum from Senators Kennedy (D-MA) and Abraham (R-MI) has clarified some of the provisions of the new law, emphasizing that the function of the physical presence requirement is to make sure that the renewed availability of Section 245(i) does not encourage anyone to illegally enter the United States in order to apply. The memorandum also states that "It may be difficult for an individual physically present on the day of enactment to establish his or her presence on that precise date to qualify for 245(i). The Immigration and Naturalization Service (INS) should therefore be flexible in the types of evidence it will accept to establish physical presence on the day of enactment. For example, the kind of evidence of physical presence INS ordinarily accepts demonstrating that the applicant has been physically present during a reasonable period preceding that date, accompanied by an affidavit or declaration that the person was present on the date itself, should ordinarily suffice." AILA is working with the White House and the INS to develop clear standards and guidelines that will accomplish this goal.

    What if a person has a family petition prior to Dec 21, 2000 - but entered the coutry June, 2001 (doesnt qualify for the physical presence condition), What will that individual be subject to? (deportation/AOS discretion/anything else?)

    Leave a comment:


  • Glühbirne
    replied
    Since I wasn't married in 01, it wouldn't have helped me anyway.

    Leave a comment:


  • Mo
    replied
    2 weeks later.

    Section 245(i) Extension Fails to Pass in This Congressional Session

    December 20, 2001

    Congress has adjourned for this Congressional session without passing an extension of section 245(i) legislation.

    It is expected that this will be one of the priority immigration matters to be taken up when Congress reconvenes in January. (Not!)

    Leave a comment:


  • Mo
    replied
    I found this article from 9/6/01 on the 245i act, which was so close to be renewed..... but 9/11/01 changed everything, and now it looks the LIFE act maybe dead for LIFE!. Please read the following article.


    245(i) Compromise Reached

    September 6, 2001

    The Senate and House have agreed on a compromise measure to extend section 245(i). While some of the language is a bit confusing, it appears that, under the compromise, many immigrant petitions filed before either April 30, 2002 or four months after regulations are issued (it is not clear whether it is the earlier or the later of these two dates) would form the basis for 245(i) eligibility. However, there are some important exceptions.

    For family cases, the family relationship must have existed before August 15, 2001. In essence, this means that the 245(i) extension would not be applicable to marriage-based petitions where the marriage was not entered into before last month.

    Similarly, for employment cases based on labor certifications, the labor certification application must have been filed by August 15, 2001. This means that the 245(i) extension would not be applicable to new labor certification applications not filed before last month. However, the extension would be applicable to employment-based petitions that do not require a labor certification.

    The compromise deleted an earlier provision that would have required, for employment-based cases, that the employment relationship have existed prior to April 30, 2001. This provision was retroactive in effect, and thus would have effectively cancelled 245(i) eligibility for a large percentage of the labor certification applications filed before the last 245(i) deadline. That provision is no longer in the bill. Also, the date by which the family relationship must have been entered into was moved in the compromise from April 30, 2001 to August 15, 2001.

    Leave a comment:


  • Mo
    started a topic 245i and 9/11.

    245i and 9/11.

    I found this article from 9/6/01 on the 245i act, which was so close to be renewed..... but 9/11/01 changed everything, and now it looks the LIFE act maybe dead for LIFE!. Please read the following article.


    245(i) Compromise Reached

    September 6, 2001

    The Senate and House have agreed on a compromise measure to extend section 245(i). While some of the language is a bit confusing, it appears that, under the compromise, many immigrant petitions filed before either April 30, 2002 or four months after regulations are issued (it is not clear whether it is the earlier or the later of these two dates) would form the basis for 245(i) eligibility. However, there are some important exceptions.

    For family cases, the family relationship must have existed before August 15, 2001. In essence, this means that the 245(i) extension would not be applicable to marriage-based petitions where the marriage was not entered into before last month.

    Similarly, for employment cases based on labor certifications, the labor certification application must have been filed by August 15, 2001. This means that the 245(i) extension would not be applicable to new labor certification applications not filed before last month. However, the extension would be applicable to employment-based petitions that do not require a labor certification.

    The compromise deleted an earlier provision that would have required, for employment-based cases, that the employment relationship have existed prior to April 30, 2001. This provision was retroactive in effect, and thus would have effectively cancelled 245(i) eligibility for a large percentage of the labor certification applications filed before the last 245(i) deadline. That provision is no longer in the bill. Also, the date by which the family relationship must have been entered into was moved in the compromise from April 30, 2001 to August 15, 2001.
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