MRS > Migration Policy and Public Affair Office > The Deadline for Filing an Immigration Visa Petition and Making Use of Section 245(i)
Statement of Bishop Nicholas DiMarzio
Bishop of Camden and Chairman, NCCB Committee on Migration
April 30, 2001
Without immediate congressional action, many immigrant families in the United States face unnecessary upheaval and possibly lengthy separations.
As chairman of the U.S. Bishops' Committee on Migration, I call upon Congress and the new Administration to immediately extend the April 30, 2001, deadline for aliens in the United States to file applications which would make them eligible to use Section 245 (i) of the Immigration and Nationality Act (Section 245(i)). Section 245 (i) permits aliens who are not in a valid immigration status, who otherwise are eligible for a visa, and who have a family or employer-based visa immediately available to them to adjust their status while here in the United States rather than having to go back to their country of origin to complete the process. The provision also prevents some from being exposed to long bars to reentry into the United States.
Unfortunately, unless the April 30, 2001, deadline is extended, many aliens currently in the United States will not be eligible to make use of Section 245(i), an important provision of law which prevents families from breaking apart.
The deadline must be extended.
As chairman of the U.S. Bishops' Committee on Migration, I applauded the temporary restoration of Section 245 (i) in December in the Legal Immigration and Family Equity Act (LIFE). The LIFE Act permits anyone who filed a petition between January 14, 1998, and April 30, 2001, to make use of Section 245 (i) so long as they meet the other requirements and have a visa available to them.
Since the enactment of the LIFE Act last December, Catholic agencies and other legal service providers across the nation have been deluged with requests for assistance from those who wish to preserve their ability to take advantage of Section 245(i). In truth, our programs have been unable to meet the demand for services, despite the dedicated efforts of staff and volunteers. An extension of the April 30 deadline would allow qualifying persons to benefit as Congress intended in the LIFE Act.
Section 245(i) is currently the most pressing issue for immigrant communities in the United States. Bipartisan legislation has been introduced in both the House of Representatives and the Senate that would temporarily extend the ability of immigrants to apply for Section 245(i) relief. While the U.S. bishops support making Section 245(i) a permanent feature of our immigration law, I welcome the introduction of this temporary legislation and I call upon the President and the Congress to swiftly act to make this legislation law.
It is ironic that, on the same day the nation reviews the first 100 days of the new Administration, the deadline to take advantage of this important piece of immigration law will expire and no longer be available to immigrant families across the country. The new Administration and new Congress should, as a first step toward a positive immigration agenda this year, address this issue without delay and provide a measure of compassion to immigrant families in the United States.