[Congressional Record Volume 143, Number 55 (Thursday, May 1, 1997)]
[Senate]
[Page S3904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER:
  S. 679. A bill for the relief of Ching-hsun and Ching-jou Sun; to the 
Committee on the Judiciary.


                       PRIVATE RELIEF LEGISLATION

  Mr. ROCKEFELLER. Mr. President, today, I am introducing a private 
relief bill that is based on careful reflection and a sincere desire to 
help a family of importance to me and my State of West Virginia.
  This is an effort to assist an individual named Jack Sun who is a 
prominent international businessman and multinational manager with 
permanent residence status in the United States. Mr. Sun sought and 
obtained permanent residence in the United States to enable him to 
pursue economic business and ties between his native Taiwan and the 
United States.
  Of great significance to West Virginia, in his capacity as Chairman 
of Taiwan Aerospace Corp., Jack Sun has been instrumental in forging a 
Taiwan/United States joint venture named Sino Swearingen, Inc., that 
will build state-of-the-art business jets in my home State of West 
Virginia. Taiwan Aerospace Corp., and its Taiwanese coinvestors have to 
date committed an amount in excess of $150 million to finance this 
joint venture. Sino Swearingen, Inc., is expected to employ around 800 
people at this West Virginia site when it becomes fully operational.
  As someone who knows Jack Sun personally and has worked closely with 
him to pursue this new investment and jobs opportunity for West 
Virginia, I know him to be an honorable individual. He is an 
internationally respected business leader, well known to the American 
business community. Jack Sun has worked extremely hard to develop and 
maintain strong personal and business ties in the United States. In 
addition to his business activities, Jack Sun is active in the cultural 
and academic life of both Taiwan and the United States. He also sits on 
the University of Southern California School of Business 
Administration's CEO board of advisors.
  Jack Sun, in his capacity as president of Pacific Electric Wire & 
Cable Co., Ltd, has, over the past 10 years, directed significant 
investments into the United States and has created thousands of jobs 
for Americans. Mr. Sun is the president of Pacific USA Holdings Corp. 
headquartered in Dallas, TX. Pacific USA Holdings Corp. is a 
diversified holding company whose business activities encompass 
commercial banking, home building, mortgage and investment banking, 
property development, insurance and technology services, to name but a 
few. Pacific USA Holdings Corp. and its subsidiaries now employ more 
than 2,000 U.S. workers.
  Jack Sun also serves as director of the Iridium project which is an 
international alliance sponsored by Motorola, Inc., whose purpose is to 
create a global network of telecommunications systems through the use 
of low-orbiting satellites.

  The purpose of this private bill is to attempt to assist Jack Sun in 
expediting the completion of the permanent residence process that is 
well underway through conventional procedures for his two youngest 
children, Ching-Jou Sun, age 8, and Ching-Hsun Sun, age 6. Jack Sun's 
three eldest children received their permanent residence status on 
April 28, 1992.
  Regarding this bill, in July, 1995, a petition for alien relative was 
filed on behalf of ching-jou and Ching-Hsun Sun. The Immigration and 
Naturalization Service approved the petitions on January 30, 1996. Upon 
approval of the petitions, the children were assigned a priority date 
of July 26, 1995.
  However, Jack Sun and his attorney have been informed by the 
Department of State's Bureau of Consular Affairs, that in the 
preference category for which Ching-Jou and Ching-Hsun Sun have been 
approved, the number of people approved for issuance of visas far 
exceeds the number of visas currently available for actual issuance. 
Consequently, the children have been assigned a priority date that is a 
place on the waiting list. The National Visa Center states that based 
upon the current conditions and backlog, the priority date held by 
Ching-Jou and Ching-Hsun Sun will not be reached for more than 4 years.
  Ching-Jou and Ching-Hsun Sun are now in the process of waiting for 
their green cards which would enable them to live and go to school in 
the United States with their sisters and brother. To add to the 
problem, during this waiting period, the children cannot even travel 
with their father and family in the United States. The children cannot 
obtain even a visitor's visa because they have already indicated their 
immigration intent.
  Although the petitions were approved on behalf of Ching-Hsun Sun and 
Ching-Jou Sun, the prolonged continuation of the waiting period has 
created personal hardships for Jack Sun, and his family. Jack Sun's 
three oldest children permanently reside in Pasadena, CA. The two 
oldest daughters presently attend the University of Southern 
California. Jack Sun simply would like his family to be together as 
much as possible. This means he wishes to be able to travel with his 
children to the United States, and to unify his family. Under the 
present circumstances, the family is split, three children holding 
permanent residence status and living in the United States, while the 
two youngest children have to remain in Taiwan during this prolonged 
waiting period and the potential 6 year delay before achieving visas 
for permanent residence status.
  This forced separation creates a particular hardship because of the 
ages of the children. The children are not permitted to travel with 
their father and are separated from their father and siblings for years 
to come. Jack Sun frequently and extensively travels to the United 
States to oversee his business operations.

  There is simply no further administrative procedure to use to resolve 
this situation for the Sun family and these two children. They are 
confronted with an extraordinarily long delay waiting for visas already 
approved to actually become available. No administrative remedy exists 
to cure this situation. No further relief is available from the 
Immigration and Naturalization Service or any other agency. The 
relevant administrative agencies, including the Immigration and 
Naturalization Service and the National Visa Center at the State 
Department, have informed Jack Sun and his attorney that there is no 
administrative vehicle to expedite conclusion of the permanent 
residence process.
  Therefore, I have decided to seek a legislative remedy for Jack Sun's 
family. After carrying out all the steps needed to obtain approval for 
resident status, they face a 6-year waiting period that now condemns a 
father and children to prolonged periods of separation.
  Because of my respect for Jack Sun and deep appreciation for the role 
he has played in locating a major new source of jobs and opportunity 
for West Virginians, I am asking Congress to take the legislative 
action required to relieve a family of undue hardship and separation 
solely resulting from the grim reality that two children would 
otherwise have to wait 6 years to get visas they already have been 
approved for. I believe this is just the example of an extraordinary 
personal situation that merits congressional assistance and action.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 679

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENCE.

       Notwithstanding any other provision of law, for purposes of 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     Ching-hsun Sun and Ching-jou Sun shall be held and considered 
     to have been lawfully admitted to the United States for 
     permanent residence as of the date of the enactment of this 
     Act upon payment of the required visa fees.

     SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS.

       Upon the granting of permanent residence to Ching-hsun Sun 
     and Ching-jou Sun as provided in this Act, the Secretary of 
     State shall instruct the proper officer to reduce by the 
     appropriate number during the current fiscal year the total 
     number of immigrant visas available to natives of the country 
     of the aliens' birth under section 203(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(a)).
                                 ______