[Congressional Record Volume 152, Number 11 (Thursday, February 2, 2006)]
[Senate]
[Page S513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 2241. A bill for the relief of Carmen Shahrzad Kulcsar; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I offer today private relief 
legislation to provide lawful permanent residence status to Carmen 
Shahrzad Kulcsar, a 15-year-old Australian national currently living 
with her aunt and uncle in San Marcos, CA.
  I have decided to offer private relief legislation on Carmen's behalf 
because I believe that removal from the United States would not only be 
tragically unfair to her, but also to her aunt and uncle who have taken 
Carmen into their home and treated her like a daughter after the tragic 
events that brought her to America. Furthermore, Carmen's removal could 
put her aunt's, her uncle's, and her own life in grave danger.
  Carmen's parents separated due to physical abuse, alcohol abuse, and 
allegations of affairs. In 1992, at the young age of two, Carmen 
witnessed her father shoot her mother point blank range in the head.
  Her father--David Kulcsar--was convicted of murder and sentenced to 
12 to 16 years in prison. Fortunately for Carmen, her American aunt 
Manieh Varner was granted sole guardianship and custody of her niece by 
an Australian court.
  Carmen entered the United States on a temporary Visitor's Visa and 
has resided here for the past 13 years with her aunt and uncle.
  Carmen is a model student at her high school. She takes honor classes 
and has worked hard to earn a cumulative grade point average of 3.5. 
Her report card has multiple comments regarding her outstanding 
citizenship and as being a pleasure to have in class.
  Carmen is a member of the competitive Academic Decathlon Team. Her 
future can be a bright one and it is unlikely that she will become a 
burden on the State or Federal Government.
  Carmen's aunt has always wanted to adopt her niece and begin the path 
to legal residency. However, there has always been one problem. 
Carmen's father never wanted Carmen to go with her aunt and made 
repeated threats for revenge against Mrs. Varner. Adopting Carmen 
requires notifying Mr. Kulcsar about the adoption and Mrs. Varner 
believed always, as she does now, that doing so would put her and 
Carmen's life in risk.
  Mrs. Varner cannot pursue adoption now because time constraints 
prevent the process from being completed before Carmen's 16th birthday; 
thus, adoption would have no bearing for immigration purposes.
  Mr. and Mrs. Varner have done their best to try and create a life for 
Carmen that would otherwise have been impossible for her in Australia.
  Both U.S. citizens, Mr. Varner is a high school teacher while Mrs. 
Varner is employed by the State of California's Department of 
Transportation. Along with a daughter of their own, they have made the 
best possible situation of a horrible tragedy.
  Unfortunately, if this private relief bill is not approved, the 
choices available to Carmen are grim. Clearly it would be impossible 
for her to go back to Australia.
  The only memory she has of that country is the memory of her mother's 
murder at the hands of her father. The only family in Australia is that 
of her unstable, recently released from prison father. She would be 
forced to live illegally in the United States through no fault of her 
own. America is the only land she has ever known. It is her home.
  Given these extraordinary and unique facts, I offer this private 
relief bill on behalf of Carmen Shahrzad Kulcsar. We have the 
opportunity to make a just and fitting solution for this wonderful 
family. Therefore, I ask my colleagues to support this private relief 
bill.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2241

       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 or any order, 
     for purposes of the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), Carmen Shahrzad Kulcsar shall be deemed to 
     have been lawfully admitted to the United States for 
     permanent residence as of the date of enactment of this Act 
     upon the payment of the required visa fees.

     SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS.

       Upon the granting of permanent residence to Carmen Shahrzad 
     Kulcsar under section 1, the Secretary of State shall 
     instruct the proper officer to reduce by 1 the total number 
     of immigrant visas available during the current fiscal year 
     to natives of the country of the alien's birth under section 
     203(a) of the Immigration and Nationality Act (8 U.S.C. 
     1153(a)).
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