Sample Letter to Congress on 245(i) Extension
Posted Jul 20, 2001

Regular readers of the MurthyBulletin have seen many articles lately about 245(i), the most recent one being our Washington Update on Extension of Section 245(i) from our July 13, 2001 issue. Those interested in contacting their Senators and Representatives with regard to extending this vitally important provision may wish to use the sample letters below. These letters have been distributed by the American Immigration Lawyers Association (AILA) to its members for attorneys and their clients to send. Provided below are two letters: one to a Senator and one to a member of the House of Representatives.

SENATE LETTER

The Honorable (Full Name)
__ (Rm #) __ (name of) Senate Office Building
United States Senate
Washington, DC 20510

Dear Senator ___________ :

We are writing to urge you to support a vital provision of the Immigration and Nationality Act that would permit immigrants on the brink of becoming permanent residents to stay in the United States while the Immigration and Naturalization Service (INS) considers their applications. Without Section 245(i), affected immigrants must return to their home countries, thereby disrupting their families and work lives, in order to apply abroad for U.S. residency.

Last year, the LIFE Act extended Section 245(i), thereby allowing certain immigrants who file preliminary paperwork by April 30, 2001 to adjust to permanent resident status here in this country. However, during this small window of just four months, many individuals were unable to file a petition or application for a variety of reasons. We thus urge you to support S. 778, a bipartisan bill introduced by Senators Chuck Hagel (R-NE) and Edward Kennedy (D-MA), that would extend Section 245(i) and provide an immediate and temporary solution to the current filing crunch.

Section 245(i) would allow immigrants with close family members here in the United States to remain with their families while applying for legal permanent residence. It would allow businesses to retain needed employees during the time that it takes INS to process their permanent residence applications. It would provide the INS with urgently needed revenues ($200 million in FY97), at no cost to the U.S. taxpayer.

We urge the Senate to support Section 245(i) as pro-family, pro-business, and good policy. Thank you for your consideration of our views.

Sincerely,



REPRESENTATIVE LETTER

The Honorable (Full Name)
__ (Rm #) __ (name of) House Office Building
United States House of Representatives
Washington, DC 20510

Dear Representative ___________ :

We are writing to urge you to support a vital provision of the Immigration and Nationality Act that would permit immigrants on the brink of becoming permanent residents to stay in the United States while the Immigration and Naturalization Service (INS) considers their applications. Without Section 245(i), affected immigrants must return to their home countries, thereby disrupting their families and work lives, to apply abroad for U.S. residency.

Last year, Congress extended Section 245(i), to allow certain immigrants who file preliminary paperwork by April 30, 2001 to adjust to permanent resident status here in this country. The House recently passed H.R. 1885 that would extend the Section 245(i) deadline for only four months, while also requiring beneficiaries to demonstrate that the required "familial or employment relationship" existed on or before April 30, 2001. Unfortunately, H.R. 1885 does not provide enough time to file petitions and applications and is unnecessarily restrictive. It is out of step with the Bush Administration (which supports a six month to one-year extension) and with previously introduced House legislation; It does not offer sufficient time, and will create many of the same problems that arose during the brief period of time the LIFE Act gave applicants; The short application window (made shorter by the need to first issue regulations) will increase the likelihood of widespread confusion in immigrant communities; It will lead to problems at INS and other government agencies by increasing these agencies' burdens; The House bill's new restriction on who might apply unnecessarily punishes innocent families and will hurt U.S. businesses by punishing employers who have abided by the law, and will have a chilling effect on employees seeking legal status; and safeguards already are in place that discourage illegal immigration.

We urge you to support a workable extension of the Section 245(i) deadline of at least one year, without any new requirements. Section 245(i) offers the only real solution that would prevent the separation of families, allow businesses to retain valued employees, and provide much-needed income for the Immigration and Naturalization Service.

Section 245(i) is pro-family, pro-business, and good policy. Thank you for your consideration of our views.

Sincerely,


© The Law Office of Sheela Murthy P.C., with following exception :

The American Immigration Lawyers Association is the author and copyright holder of the letters reproduced above, and has published them for wide distribution.