[DOCID: f:hr743.110]
From the House Reports Online via GPO Access
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-743
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FOR THE RELIEF OF CORINA DE CHALUP TURCINOVIC
_______
July 8, 2008.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 5030]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 5030) for the relief of Corina de Chalup Turcinovic,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 4
Constitutional Authority Statement............................... 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 5
Agency Views..................................................... 6
Additional Views................................................. 9
Purpose and Summary
H.R. 5030 would make Corina de Chalup Turcinovic eligible
for adjustment of her status to that of a permanent resident.
Background and Need for the Legislation
Corina Turcinovic was born ``Corina de Chalup'' in
Perigueux, France on April 8, 1964. She entered the United
States through the Visa Waiver Program on February 10, 1990,
after receiving news that her then-fiance, Marin Turcinovic,
had been struck by an automobile driven by a drunk driver. His
spinal cord was severely damaged in the accident, and he was
left with total quadriplegia when his doctors failed to
correctly diagnose the extent of his injuries, including broken
vertebrae in his neck.
Within weeks of the accident and subsequent paralysis, Mr.
Turcinovic was transferred to a rehabilitation center in
Chicago. Ms. Turcinovic traveled with him as her fiance's
injuries left him completely dependent on her for everything.
Permanently paralyzed from the neck down, Mr. Turcinovic was
dependent on a ventilator to breathe and he required 24-hour
medical care.
On April 13, 1990, 2 months after her entry into the
country, Ms. Turcinovic filed an application to the former
Immigration and Naturalization Service (INS) for an extension
of her temporary stay, which was set to expire on May 9, 1990,
but her application was denied on September 22, 1990 because
Ms. Turcinovic was technically ineligible to extend her stay
under the provisions of the Visa Waiver Program. Ultimately,
however, the extenuating circumstances in her case led the INS
to grant Ms. Turcinovic a stay of deportation on humanitarian
grounds, which allowed her to stay in the United States to care
for her fiance. Such stays of deportation were renewed on an
annual basis over the next 10 years.
In 1996, Mr. Turcinovic and Ms. Turcinovic were finally
married. Two years later, on September 30, 1998, Mr. Turcinovic
became a lawful permanent resident of the United States. He
filed a petition to adjust his wife's immigration status, which
was approved on April 12, 2001. As Mr. Turcinovic was not a
citizen, however, Ms. Turcinovic was not eligible to
immediately adjust her status. She was required to wait for
many years for a visa to become available as a ``second
preference'' beneficiary.
Five years later, on September 4, 2003, Mr. Turcinovic
filed for naturalization, which would allow him to adjust his
wife's status immediately. A medical certification of
disability was included with the application stating that Mr.
Turcinovic was paralyzed, could not breathe without the aid of
a ventilator, and could not leave his home. Despite this
certification, which made it clear that he could not physically
appear to be interviewed, Mr. Turcinovic received a fingerprint
appointment notice about 2 weeks later.
Mr. Turcinovic's attorney immediately contacted United
States Citizenship and Immigration Services (USCIS) to explain
that it would be impossible for Mr. Turcinovic to comply with
the fingerprint appointment. USCIS responded in writing 2
months later stating that an officer would visit Mr. Turcinovic
at his home to further process his application. Immediately
upon receipt, Mr. Turcinovic's attorney contacted the
Application Support Center supervisor to schedule the home
visit.
Three months later, however, Mr. Turcinovic received notice
that his naturalization application had been denied due to
abandonment because of his failure to appear for
fingerprinting. Mr. Turcinovic's attorney again contacted USCIS
and filed a motion to reopen Mr. Turcinovic's application. The
motion was granted on March 8, 2004 because service records
indicated that he was unable to appear for fingerprinting,
interview, and oath ceremony. Seven days later, however, Mr.
Turcinovic received another fingerprint appointment notice.
Unfortunately, he died on April 29, 2004 before he could be
naturalized and petition as a citizen to adjust his wife's
immigration status.
After Mr. Turcinovic's death, Ms. Turcinovic was unsure
what to do with respect to her immigration status. After having
lived exclusively in the United States for 14 years to care for
her quadriplegic husband, she had come to know this country as
her home. She owned a home here and almost everyone she was
close to was here. She thus failed to seek additional stays of
deportation, and on December 28, 2007, Immigration and Customs
Enforcement (ICE) agents arrested her at her home and took her
to an ICE detention center.
This private bill presents the only option for Ms.
Turcinovic to remain in the United States. If Mr. Turcinovic
had become a United States citizen prior to his death, he would
have been able to adjust her status immediately, but agency
error prevented that.
Hearings
The Committee on the Judiciary held no hearings on H.R.
5030.
Committee Consideration
On February 13, 2008, the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law
met in open session and ordered the bill, H.R. 5030, favorably
reported, without amendment, by voice vote, a quorum being
present. On May 14, 2008, the Committee met in open session and
ordered the bill, H.R. 5030, favorably reported without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 5030.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 5030, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 11, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5030, a bill for
the relief of Corina de Chalup Turcinovic.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 5030--A bill for the relief of Corina de Chalup Turcinovic.
H.R. 5030 would make Corina de Chalup Turcinovic eligible
for permanent residence in the United States. CBO estimates
that enacting this legislation would have no significant impact
on the Federal budget.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
5030 would make Corina de Chalup Turcinovic eligible for
adjustment of her status to that of a lawful permanent
resident.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article 1, section 8, clause 4 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 5030 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Permanent Resident Status for Esther Karinge.
Subsection (a) provides that, notwithstanding subsections (a)
and (b) of section 201 of the Immigration and Nationality Act,
Corina de Chalup Turcinovic is eligible for issuance of an
immigrant visa or for adjustment of status to that of an alien
lawfully admitted for permanent residence upon filing an
application for issuance of an immigrant visa under section 204
of such Act or for adjustment of status to lawful permanent
resident.
Subsection (b) provides that if Corina de Chalup Turcinovic
enters the United States before the filing deadline specified
in subsection (c), she must be considered to have entered and
remained lawfully and, if otherwise eligible, be eligible for
adjustment of status under section 245 of the Immigration and
Nationality Act as of the date of the enactment of this Act.
Subsection (c) provides that subsections (a) and (b) apply
only if the application for issuance of an immigrant visa or
the application for adjustment of status is filed with
appropriate fees within 2 years after the date of the enactment
of this Act.
Subsection (e) provides that, upon the granting of an
immigrant visa or permanent residence to Corina de Chalup
Turcinovic, the Secretary of State must instruct the proper
officer to reduce by one, during the current or next following
fiscal year, the total number of immigrant visas that are made
available to natives of the country of the alien's birth under
section 203(a) of the Immigration and Nationality Act or, if
applicable, the total number of immigrant visas that are made
available to natives of the country of the alien's birth under
section 202(e) of such Act.
Subsection (e) provides that the natural parents, brothers,
and sisters of Corina de Chalup Turcinovic must not, by virtue
of such relationship, be accorded any right, privilege, or
status under the Immigration and Nationality Act.
Agency Views
The comments of the Department of Homeland Security on H.R.
5030 are as follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
Additional Views
Meritorious private bills should either represent unique
and compelling circumstances or fit within private bill
precedent of the modern era (from the 97th Congress onward,
following the ABSCAM private bill scandal).
H.R. 5030 represents a unique and compelling case in that
an alien who had come to the U.S. legally was allowed by the
Federal Government to stay here for many years to care for her
legal immigrant spouse. While that care is no longer needed
following the death of her husband, Ms. De Chalup Turcinovic
would suffer hardship in having to return to France after so
many years in the U.S.
In a broader sense, there is some precedent for the private
bill. First, Ms. De Chalup Turcinovic would have already been a
conditional permanent resident by the time of her husband's
death if not for USCIS error. Congress has passed private bills
in cases of aliens who would have received permanent residence
but for a mistake by the Federal immigration agency.\1\ Second,
Congress has passed private bills where alien spouses of
American citizens lost the right to receive permanent residence
because of the death of the American citizens before the
approval of the petitions for conditional permanent residence
(usually, but not always, where there was a U.S. citizen child
involved).\2\
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\1\See, e.g., Priv. L. Nos. 106-12 & 106-4.
\2\See, e.g., Priv. L. Nos. 107-5, 106-23, 106-3, 105-8 & 105-7.
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For these reasons, and because a DHS report on Ms. De
Chalup Turcinovic contained no derogatory information, this is
a meritorious private bill.
Lamar Smith.
<all>