Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 00121859 | Dated December 19, 2000
Monday, December 19, 2000
Tallmer, Public Affairs Manager
202-216-2404; Fax: 202-371-9449
Urgent Information About Immigration Deal
WASHINGTON, D.C. –A bill approved by Congress on December 15 contains several immigration-related provisions, including the partial reinstatement of Section 245(i), which allows eligible people to apply for green cards from within the U.S., rather than leaving the country and possibly being barred from re-entering for up to 10 years.
The American Immigration Lawyers Association (AILA) wants you and your readers to know three important things about the partial reinstatement of Section 245(i):
People must have filed an
immigrant petition with the INS or labor certification with the Department
of Labor by April 30, 2001;
They must show they were physically
present in the United States on the day the bill is signed by the President.
We do not know when the President will sign the measure, but we know that he must do so by midnight on December 21, 2000. Thus, the President can sign the bill anytime between now and December 21.
What does all this mean?
That people eligible to apply for green cards under Section 245(i) can do so without leaving the country and being separated from their families, communities and employers. However, Section 245(i) does not grant work authorization or provide protection from deportation.
To take advantage of this new opportunity to use Section 245(i), people must be able to prove that they are physically present in the U.S. the day the bill is signed. We strongly advise people who want to take advantage of Section 245(i) to remain in the United States.
We also advise people to discuss their potential eligibility with an immigration attorney. If people do not have an immigration attorney, AILA can refer them to one in their area. Call AILA’s Lawyer Referral Service at 800-954-0254.
Cite as AILA Doc. No. 00121859.