[Congressional Record Volume 144, Number 41 (Thursday, April 2, 1998)]
[Senate]
[Pages S3130-S3131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 1916. A bill for the relief of Marin Turcinovic, and his fiancee, 
Corina DeChalup; to the Committee on the Judiciary.


                       private relief legislation

  Mr. DURBIN. Mr. President, I rise today to introduce a private bill 
for the relief of Marin Turcinovic of Croatia and his wife Corina 
DeChalup of France. My bill would grant permanent resident status to 
Marin and Corina, affording them the legal security they need to 
rebuild their lives in this country.
  Marin Turcinovic first arrived in the United States from Croatia in 
January 1990. He was admitted on an H-1 visa as a member of the band 
Libertas. On February 8, 1990, during the period of his authorized 
stay, Marin was hit by a car in Fairview, New Jersey. Both his legs 
were shattered. His spinal cord was severed, leaving him paralyzed 
below the neck. He will probably never walk again. His then-fiancee, 
Corina DeChalup of France, immediately came to the United States. Both 
Marin and Corina have been in the United States since their initial 
entries, and neither now has legal status.
  Marin requires 24-hour medical care for his survival. An insurance 
settlement from the car accident litigation provides Marin with 
lifetime medical and rehabilitative care, in a specially modified house 
located in the Beverly community of Chicago. According to Marin's 
lawyers, the insurance settlement that provides for Marin's lifetime 
shelter and medical care would not cover him at another location. A 
medical malpractice suit against the doctors who initially provided 
care to Marin is pending.
  Corina and Marin married in February 1996, 6 years after his 
accident. Corina is an essential part of Marin's life. She has been 
with Marin throughout his ordeal and has been instrumental in 
coordinating his medical care. She has directly provided care for 
Marin, and he could never have reached the degree of recovery he now 
enjoys without her support.
  Before arriving in the U.S., Corina, a university graduate, worked as 
a tour guide for a Yugoslavian tourist agency. Although her days are 
primarily devoted to Marin, she has the skills and desire to find part-
time employment and would like to obtain authorization to work.
  According to Marin and Corina's lawyer, Corina has no way to legally 
gain permanent resident status in the U.S. Because she entered the U.S. 
under the visa waiver pilot program, she was subject to an order of 
deportation, without the right to an administrative hearing, once she 
overstayed her 90-day authorized admission in February 1990. Since 
1994, she has received a stay of deportation in 1-year increments. She 
cannot currently travel to see her family in

[[Page S3131]]

France, and she has no assurance that her stay will be renewed from 1 
year to the next.
  Marin was placed in deportation proceedings in 1997 at his request. 
This allowed him to seek a suspension of deportation, a legal remedy 
that in the past has resulted in permanent resident status. Although 
Marin's application was granted, the grant is conditional. If Marin's 
grant does not fall within the annual quota set by the Illegal 
Immigration Reform and Immigration Responsibility Act of 1996, it is 
unclear to what status he will revert. There is a possibility that 
Marin would be issued an order of voluntary departure.
  Corina's status depends on Marin. If granted permanent resident 
status, Marin will be able to petition for Corina, but she will face a 
4- to 5-year wait before qualifying for resident status, herself.
  Mr. President, 8 years ago, fate tragically changed forever the lives 
Marin Turcinovic of Croatia and Corina DeChalup of France. A terrible 
accident in the United States left Marin permanently injured, making 
his return home impossible. Fortunately for Marin, he had the love and 
support of Corina, without whom he may not have made it this far. Given 
the tremendous adversity that Marin and Corina already face on a day-
to-day basis, I believe it appropriate for Congress to grant them 
permanent resident status. Such status would clear up much of the 
uncertainly that currently clouds their future, and would allow Marin 
and Corina to rebuild their lives in our country with confidence.
  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. 1916

       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.), 
     Marin Turcinovic and his fiancee, Corina Dechalup, 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 Marin 
     Turcinovic and his fiancee, Corina Dechalup, 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)).
                                 ______