Dr. William:

I want to know what is the exact definition of "Illegal Aliens", as mentioned in the President Buch's proposal for eligibility to apply for a Temporary Worker nonimmigrant status? Thank you for your time and help.

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A:

The "Illegal Aliens" include those who are out-of-status, and illegal aliens crossing the borders. Currently these illegal aliens are not eligible to apply for a permanent resident status, even if they are otherwise eligible through family petitions or employment petitions or immigration lotteries, unless they are eligible to apply for 245(i) benefits. But the 245(i) benefit provision sunset on April 30, 2001 and no such benefit is available now.