245(i) Deadline Will Not Be Extended -- At Least for Now
Posted Apr 27, 2001

Much has been written about the LIFE Act's extension of section 245(i), to provide the opportunity for out-of-status persons to apply for the Green Card through an employer or relative. 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. 

Many advocates have lobbied Congress to extend the 245(i) deadline, since the timeframe was very short. The LIFE Act was enacted on December 21, 2000, so basically there were only about 4 months for INS, attorneys and organizations to inform the public, for prospective applicants to weigh their options and find attorneys or community organizations / legal clinics to assist them, and to prepare and file all the 245(i) cases, within the very short deadline. While there may still be a possibility of an extension, any extension will be after-the-fact, because the April 30, 2001 deadline is now upon us.

Of course, we at The Law Office of Sheela Murthy, P.C. question why there has to be any deadline at all for those who qualify for the Green Card. As mentioned before, all 245(i) applicants need to qualify for the Green Card since it is not an amnesty program. Many 245(i) applicants help to sustain the U.S. economy by working for U.S. employers or have immediate family members who are U.S. citizens or Green Card holders. A permanent extension of 245(i) would enable U.S. employers to help valued employees to obtain their green Cards, keep families together, and provide much needed additional revenues for INS to process its huge backlog of cases. Various groups have lobbied for the permanent extension of 245(i). In addition to its other benefits, a permanent extension of 245(i) would also avoid the current situation we are in, of having huge numbers of applications filed within a very short time frame, which results in the strain on existing resources and more extensive backlogs at the U.S. Department of Labor and the INS.