[Congressional Record Volume 143, Number 143 (Wednesday, October 22, 1997)]
[Senate]
[Pages S10950-S10952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH:
  S. 1304. A bill for the relief of Belinda McGregor; to the Committee 
on the Judiciary.


                       PRIVATE RELIEF LEGISLATION

  Mr. HATCH. Mr. President, I am today introducing a private relief 
bill on behalf of Belinda McGregor, the beloved sister of one of my 
constituents, Rosalinda Burton.

  Mistakes are made everyday, Mr. President, and when innocent people 
suffer severe consequences as a result of these mistakes, something 
ought to be done to remedy the situation.
  In the particular case of Ms. Belinda McGregor, the federal 
bureaucracy made a mistake--a mistake which cost Ms. McGregor dearly 
and it is now time to correct this mistake. Unfortunately, the only way 
to provide relief is through Congressional action.
  Belinda McGregor, a citizen of the United Kingdom, filed an 
application for the 1995 Diversity Visa program. Her husband, a citizen 
of Ireland, filed a separate application at the same time. Ms. 
McGregor's application was among those selected to receive a diversity 
visa. When the handling clerk at the National Visa Center received the 
application, however, the clerk erroneously replaced Ms. McGregor's 
name in the computer with that of her husband.
  As a result, Ms. McGregor was never informed that she had been 
selected and never provided the requisite information. The mistake with 
respect to

[[Page S10951]]

Ms. McGregor's husband was caught, but not in time for Ms. McGregor to 
meet the September, 1995 deadline. Her visa number was given to another 
applicant.
  In short, Ms. McGregor was unfairly denied the 1995 diversity visa 
that was rightfully hers due to a series of errors by the National Visa 
Center. As far as I know, these facts are not disputed.
  Unfortunately, the Center does not have the legal authority to 
rectify its own mistake by simply granting Ms. McGregor a visa out of a 
subsequent year's allotment. Thus, a private relief bill is needed in 
order to see that Ms. McGregor gets the visa to which she was clearly 
entitled to in 1995.
  Mr. President, I have received a very compelling letter from 
Rosalinda Burton of Cedar Hills, UT which I am placing in the Record. 
Ms. Burton is Ms. McGregor's sister and she described to me the strong 
relationship that she and her sister have and the care that her sister 
provided when Ms. Burton was seriously injured in a 1993 car accident.
  I hope that the Senate can move forward on this bill expeditiously. 
Ms. McGregor was the victim of a simple and admitted bureaucratic 
snafu. The Senate ought to move swiftly to correct this injustice.
  Mr. President, I am also including in the record additional relevant 
correspondence which documents the background of this case.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                              Cedar Hills, UT,

                                               September 23, 1997.
     Hon. Orrin Hatch,
     U.S. Senate.
       Dear Senator Hatch. This is one of the many endless 
     attempts to seek fairness and justification regarding a very 
     unique and still unresolved case pertaining to the future of 
     my beloved sister, Belinda McGregor.
       This is a plea on my part for you to please allow me the 
     opportunity to humbly express in this letter, my deepest 
     concern which is also personally shared by Senator Edward 
     Kennedy.
       It would be a challenge to explain what once stated as 
     ``the dream come true'' for my sister, Belinda, on to paper, 
     but I hope you will grant me a moment of your time to read 
     this attempt to seek your help, as my Senator.
       Towards the end of 1993 I was the victim of a very serious 
     car accident and I could not have coped without the support 
     of my church and the tremendous help of my beloved sister, 
     Belinda, after which she expressed a strong desire to come 
     and live in Utah, to be close to me, her only sister. In 
     1994, therefore, a dream came true when, after applying for 
     the DV1 Program, which is held yearly, my sister's husband 
     David, was informed by the National Visa Center, that he was 
     selected in the 1995 Diversity Visa Lottery Program. Finally, 
     my sister had a chance to live near her family and friends. 
     Belinda, who is Austrian/British, then working for the 
     ``United Nations Drug Control Programme'' (UNDCP) at the UN 
     Headquarters in Vienna, Austria, was so thrilled to be 
     informed of the good news. Therefore, all the necessary 
     documents were provided to the National Visa Center in New 
     Hampshire.
       Her patience was put to the test, as she did not hear from 
     anybody during a lengthy period of time. She contacted the 
     American Embassy in Vienna from time to time, but to no 
     avail. She then tried contacting various offices and people 
     without success and as a last resort made contract with 
     Senator Edward Kennedy's office, who kindly looked into her 
     case. She was so happy that someone took the time to check 
     into ``the ongoings of the National Visa Center'' and you can 
     imagine the surprise when Ms. Patricia First (Senator 
     Kennedy's staff) contacted my sister to let her know the 
     outcome of their investigation (Attachment \1\). I am also 
     attaching a copy of Senator Kennedy's letter to Ms. Mary A. 
     Ryan, Assistant Secretary for Consular Affairs, United States 
     Department of State. (Attachment \2\), which explains very 
     clearly what actually had happened. Mr. McNamara, then 
     Director of the National Visa Center, addressed his reply to 
     Senator Kennedy (Attachment \3\). As my sister always wanted 
     to come live and work near me, and always believed very 
     strongly in fairness, she was convinced that the U.S. 
     Government would then do anything possible to find a 
     resolution to this predicament. By this time it was already 
     April 1997 and being quite a determined lady due to her 3 
     year struggle, my sister, therefore, got in touch (via e-
     mail) with the newly appointed Director of the National Visa 
     Center, Ms. Josefina Papendick. She explained the whole 
     situation, sent copies of previous correspondence to Ms. 
     Papendick but was always told (Attachments \4\ \5\) that 
     unfortunately there were no more visa numbers available as 
     the deadline for the 1995 Diversity Visa Lottery was 30 
     September 1995. This was indeed a shock and disappointment 
     that no effort or willingness was shown to rectify the 
     matter, especially as the National Visa Center acknowledged 
     their own mistakes. The McGregor family did everything within 
     their power--submitted all necessary papers in a timely 
     fashion, but due to serious errors made by the National Visa 
     Center, were disqualified and their numbers were given to 
     someone else. She realizes of course that she is only a 
     minority but nevertheless--we all feel that injustice has 
     been done.
       This injustice prevented my sister in building her future 
     here with me. For one tiny moment this special gift was 
     placed in her hands, to build her own world, but was quickly 
     taken, due to these errors made. As advised, my sister has 
     since then applied every year for the DV1 Program under her 
     Austrian Nationality.
       She always worked in an international environment, her 
     previous employment being with the drug control program of 
     the United Nations and was confident her experience and 
     skills would be invaluable and beneficial to her newly 
     adopted homeland. In preparation for her invitation to 
     immigrate, she sought independence immediately and acquired a 
     secretarial position, which was put on hold for her. 
     Unfortunately and with deep regret she had to abandon the 
     offer when she was informed of the errors that were made.
       She has been in contact with the honorable Senator Kennedy 
     ever since and his kind office suggested that I contact you 
     and maybe between you and Senator Kennedy this problem could 
     be looked into and resolved.
       The future happiness of my sister is as important as my 
     own, and I hope and pray with all my heart, her tears of 
     sadness will, via your understanding, help and determination, 
     turn those tears to joy. Thank you for listening, dear 
     Senator Hatch.
           Yours sincerely,
                                                 Rosalinda Burton.
       PS: Should you need any further information, please do not 
     hesitate to contact Belinda at my address. Thank you.


                               footnotes

     \1\ Ms. Patricia First's (Senator Kennedy's office) e-mail to 
     Belinda McGregor
     \2\ Senator Edward Kennedy's letter to Mary A. Ryan, 
     Assistant Secretary for Consular Affairs.
     \3\ Mr. McNamara's reply to Senator Edward Kennedy.
     \4\ Ms. Josefina Papendick's letter to Belinda McGregor.
     \5\ Ms. Josefina Papendick's letter to Belinda McGregor.
                                  ____



                             attachment one

                                                February 15, 1996.
       Dear Ms. McGregor: I have received an answer from the State 
     Department on the specifics of both your and your husband's 
     diversity visa applications. It appears that the Department 
     of State and National Visa Center grossly mishandled your 
     applications. Our office has sent a letter to Mary Ryan, 
     Assistant Secretary of Consular Affairs for the State 
     Department. Ms. Ryan's Section oversees the visa process. I 
     have attached the letter to Ms. Ryan which details the 
     mistakes made by the National Visa Center in processing your 
     applications.
       The ultimate result seems to be that you were unfairly 
     denied a diversity visa to which you were entitled. Please be 
     assured our office is doing everything we can to find an 
     administrative solution to your case. We are awaiting a 
     response from the State Department, and I will communicate 
     their response to you as soon as I receive it.
       Again, I urge you to apply for the 1997 Diversity Visa 
     Lottery, and I am sorry I cannot delivery better news. Please 
     feel free to contact me should you have any questions. I can 
     be reached at (202) 224-7878. I will update you as soon as I 
     have any new information.
           Sincerely,
     Patricia First.
                                  ____



                             attachment two


                                                  U.S. Senate,

                                Washington, DC, February 16, 1996.
     Mary A. Ryan,
     Assistant Secretary, Consular Affairs,
     U.S. Department of State,
     Washington, DC.
     RE: 1995 Diversity Visa Lottery
     Applicants: Belinda McGregor, David John McGregor
     Case No: 95-EU-00020036
       Dear Ms. Ryan: I am writing to request your assistance in 
     resolving the above-referenced case. I am deeply concerned 
     about the way this case was handled by the Department of 
     State and the National Visa Center in New Hampshire.
       Belinda McGregor, a citizen of the United Kingdom, and her 
     husband, David John McGregor, a citizen of Ireland, each 
     filed a separate application for the 1995 Diversity Visa 
     Lottery program. As you know, although Belinda McGregor was 
     born in the United Kingdom, she is eligible for the diversity 
     program through her husband's Irish citizenship.
       According to your visa office and the National Visa Center, 
     Belinda McGregor's application was among those chosen as 
     eligible to receive a diversity visa. When the National Visa 
     Center received Belinda McGregor's application, however, the 
     clerk handling her case erroneously assumed Ms. McGregor, as 
     a citizen of the United Kingdom, was ineligible for the 
     diversity program. The clerk, in an apparent attempt to 
     remedy the problem, replaced Belinda McGregor's name in the 
     computer with that of her husband, David John McGregor.
       The National Visa Center then sent David John McGregor a 
     notice that his name had

[[Page S10952]]

     been selected in the 1995 Diversity Visa Lottery Program, and 
     listed the additional information Mr. McGregor needed to 
     provide to be eligible for a diversity visa (including, inter 
     alia, educational background and an affidavit of support). 
     David John McGregor provided this information about himself 
     to the National Visa Center in a timely fashion. The 
     McGregor's, who currently live in Austria, heard nothing more 
     about Mr. McGregor's diversity application until they asked 
     my office to inquire into the status of the application. 
     Belinda McGregor was never informed that her application had 
     been selected in the diversity lottery.
       Upon receiving Mr. McGregor's completed information, a 
     second clerk at the National Visa Center discovered that 
     Belinda McGregor's name had been improperly changed to David 
     John McGregor in the computer. This clerk changed the name 
     back to Belinda McGregor, and noted the receipt of Mr. 
     McGregor's information. The clerk, however, failed to inform 
     the McGregor's that Belinda McGregor was the diversity 
     applicant selected in the lottery, and, therefore, the 
     National Visa Center needed information on Belinda McGregor, 
     instead of David John McGregor.
       Having not received any information on Belinda McGregor by 
     the diversity visa entitlement date, September 30, 1995, the 
     National Visa Center disqualified Belinda McGregor's 
     application and gave her visa number to another applicant.
       It appears that Belinda McGregor was unfairly denied the 
     1995 diversity visa which was rightfully hers due to a series 
     of errors made by the National Visa Center. A review by your 
     office of procedures at the National Visa Center may be in 
     order. And, I would greatly appreciate your help in finding a 
     solution to the McGregor's case in light of the serious 
     errors committed by the Center. Thank you for your 
     consideration.
           Sincerely,
     Edward M. Kennedy.
                                  ____



                            attachment three

                                         U.S. Department of State,


                                         National Visa Center,

                                   Portsmouth, NH, March 14, 1996.
       Dear Senator Kennedy: I refer to your letter of February 
     16, to Ms. Mary A. Ryan, Assistant Secretary for Consular 
     Affairs, regarding the Diversity Lottery application for Ms. 
     Melinda McGregor.
       The Immigration Act of 1990 provides for an annual 
     Diversity Immigration Program, making available each year by 
     random selection 55,000 permanent residence visas in the 
     United States. Visas are apportioned among six geographic 
     regions based on immigration rates over the last five years, 
     with a greater number of visas going to regions with lower 
     rates of immigration.
       The National Visa Center (NVC) acknowledges the allegations 
     made in your correspondence as true and correct. However, 
     there are no visa numbers available as the deadline for the 
     1995 Diversity Lottery was September 30, 1995. Unfortunately, 
     we are unable to correct the situation at this time. Ms. 
     McGregor may wish to apply for any future lotteries.
       We have reviewed this incident with our staff and have 
     taken steps to ensure that this error will not be repeated in 
     the future.
       I hope this information is helpful. Please do not hesitate 
     to contact me if I can be of assistance to you in this or any 
     other matter.
           Sincerely,
                                                Brian M. McNamara,
     Director.
                                  ____



                            attachment four

                                         U.S. Department of State,


                                          National Visa Center

                                   Portsmouth, NH, April 21, 1997.
       Dear Ms. McGregor: Thank you for your letter of April 14 
     regarding the Diversity Lottery applications filed on your 
     and Mr. John McGregor's behalf.
       Please note that as a citizen of United Kingdom you were 
     not eligible to apply for DV-lottery program in 1995. 
     However, as a citizen or Ireland, Mr. McGregor was eligible 
     to apply for this program and you were a derivative 
     beneficiary of his application. Mr. McGregor's case was 
     chosen at random and entered into the computer system at the 
     National Visa Center (NVC). We assigned lottery rank number 
     95-EU-00020036 to this application.
       Unfortuantely, the deadline for the completion of the DV-95 
     was September 30, 1995. If you were not issued a visa by this 
     date, the application for the 1995 program is no longer 
     valid.
       Your correspondence indicates that you believe you may be 
     eligible for immigrant visa issuance under the provision for 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (Act 1996). However, this provision applies only 
     to applicants who were residing in the U.S. and were unable 
     to adjust their status. As you were residing outside the U.S. 
     you are not eligible to be processed under the Act of 1996.
       I hope this information is helpful. Please do not hesitate 
     to contact me if I can be of further assistance to you in 
     this or any other matter.
           Sincerely.
                                            Josefina L. Papendick,
     Director.
                                  ____



                            attachment five

                                         U.S. Department of State,


                                         National Visa Center,

                                     Portsmouth, NH, July 3, 1997.
     Mrs. Belinda McGregor,
     Bexleybeath, Kent, England.
       Dear Mrs. McGregor: I am replying to your e-mailed messages 
     requesting a review of your DV-95 application. Since no paper 
     file is still available after all this time, I am unable to 
     provide any new or additional information regarding the 
     processing of your case.
       I recognize your sincere wish to immigrate to the United 
     States. However, I very much regret to inform you that there 
     is no provision of law or regulations that would allow your 
     DV-95 application to be processed after September 30, 1995.
       If you wish to pursue your interest in living and working 
     in the United States, the diversity program is an option 
     available every year for applicants (or their spouses) who 
     were born in eligible countries. For individuals who are not 
     eligible under any family immigrant visa category, there are 
     other visa classifications, both non-immigrant and immigrant, 
     in the employment or professional fields to apply for. For 
     more information on these, I suggest you contact the American 
     Embassy in London.
       I am sorry that this response cannot be more encouraging. I 
     wish you and your family the best of luck in the future.
           Sincerely,
                                            Josefina L. Papendick,
                                                         Director.
                                 ______