Although I have the deepest respect for the gentleman from California. I feel strongly that Section 245(i) has been beneficial to our country and should be extended. Section 245(i) allows an individual who is technically out of status to pay a fee and correct problems with his or her immigration status. The majority of the people affected by this problem have merely overstayed the terms of their visas while they await permanent residence arising out of valid immigrant petitions. Those qualified to use section 245(i) are already eligible for visas that will be immediately available to them under U.S. law. Without section 245(i). these soontobe green cardholders are faced with an ironic problem: they are approved to be legal permanent residents. but have to return to their home countries to get their visas and. then. face a 3- to 10year bar to reentry. This result undermines the principle of family unification which forms the bedrock of our immigration code by separating spouses and children from their families. It would also adversely affect businesses by forcing important employees to leave the United States to adjust their status. Several benefits accrue to the United States from permanent codification of this section. Due to the $1.000 fee charged to those who utilize section 245(i). the INS expects to generate up to $200 million in revenue this fiscal year. alone. These moneys are used to offset the costs of detention and adjudications of illegal immigrants. Furthermore. by allowing individuals to adjust status here. U.S. consular staff abroad have more time and resources to provide better services to traveling Americans.
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