[Congressional Record Volume 153, Number 135 (Wednesday, September 12, 2007)]
[Senate]
[Pages S11512-S11513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mrs. FEINSTEIN:
S. 2048. A bill for the relief of Jose Buendia Balderas, Alicia
Aranda De Buendia, and Ana Laura Beundia Arandia; to the Committee on
the Judiciary.
Mrs. FEINSTEIN. Mr. President, today I am offering legislation to
provide lawful permanent residence status to Jose Buendia Balderas, his
wife, Alicia Aranda De Buendia, and their daughter, Ana Laura Buendia
Aranda, Mexican nationals who have been living and working in the
Fresno area of California for over 20 years.
Jose Buendia is a remarkable individual who epitomizes the American
dream. His father worked as an agricultural laborer in the Bracero
program over 25 years ago. In 1981, Jose followed his father to the
U.S., where he worked in the shadows to help provide for his family in
Mexico.
Since then, Jose has moved from working as a landscaper to
construction, where he is now a valued employee of Bone Construction in
Reedley, CA. He has been employed by this cement company for the past 8
years. Although he knew nothing about construction when he began
working in the field, he was disciplined and persistent in his training
and is now a lead foreman. His employer, Timothy Bone, says Mr. Buendia
is a ``reliable, hardworking and conscientious'' employee. In fact, it
was Mr. Bone who contacted my office to seek relief for Mr. Buendia.
Alicia Buendia, Jose Buendia's wife, has been working as a seasonal
fruit packer for several years. The family has consistently paid all of
their taxes. Recently, they paid off their mortgage and today, they are
debt free. They have health insurance, savings and retirement accounts,
participate in the company profit-sharing company, and support their
family here and in Mexico. In short, they are living the American
dream.
Their daughter, Ana Laura, is an outstanding student. She earned a
4.0 GPA at Reedley High School and was awarded an academic scholarship
to the University of California--Berkeley. Unfortunately, because of
her immigration status, she was unable to accept the scholarship and
her parents now pay full out-of-State tuition for her to attend the
University of California--Irvine.
Their son, Jose, is a U.S. citizen, and attends Reedley High School.
For both Jose and Ana Laura, the U.S. is the only country they know.
What makes the story of the Buendias so tragic is that they would
have been eligible to correct their illegal status but for the
unscrupulous practices of their former immigration attorney.
Because Mr. Buendia has been in this country for so long, he
qualified for legalization pursuant to the Immigration and Reform
Control Act of 1986. Unfortunately, his legalization application was
never acted upon because his attorney, Jose Velez, was convicted of
fraudulently submitting legalization and Special Agricultural Worker
applications.
This criminal conduct tainted all of Mr. Velez's clients. Although
Mr. Buendia's application was found not to contain any fraudulent
documentation associated, it was submitted while his lawyer was under
investigation. The result was that Mr. Buendia was unable to be
interviewed and obtain legal status.
To complicate matters, it took the Immigration and Naturalization
Service nearly 7 years to determine that Mr. Buendia's application
contained no fraudulent information. In the meantime, the Immigration
and Naturalization Service reinterpreted the law and determined that he
was no longer eligible for relief because he had left the U.S. briefly
when he married his wife.
Despite these setbacks, the Buendia family has continued to seek
legal status. They believed they were successful when an immigration
judge granted the family relief based on the hardship their U.S.
citizen son would face if his family was deported to Mexico.
Unfortunately, the Government appealed the judge's decision and had it
overturned by the Board of Immigration Appeals.
Despite the problems with adjusting their legal status, this family
has forged ahead and continued to play a meaningful role in their
community. They have worked hard. They have invested in their
neighborhood. They are active in the PTA and their local church.
I believe the Buendia family should be allowed to continue to live in
this country that has become their own. If this legislation is
approved, the Buendias will be able to continue to contribute
significantly to the U.S. It is my hope that Congress passes this
private legislation.
Mr. President, I ask unanimous consent that text of the bill 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. 2048
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PERMANENT RESIDENT STATUS FOR JOSE BUENDIA
BALDERAS, ALICIA ARANDA DE BUENDIA, AND ANA
LAURA BUENDIA ARANDA.
(a) In General.--Notwithstanding subsections (a) and (b) of
section 201 of the Immigration and Nationality Act (8 U.S.C.
1151), Jose Buendia Balderas, Alicia Aranda De Buendia, and
Ana Laura Buendia Aranda shall each be 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.
(b) Adjustment of Status.--If Jose Buendia Balderas, Alicia
Aranda De Buendia, and Ana Laura Buendia Aranda enter the
United States before the filing deadline specified in
subsection (c), Jose Buendia
[[Page S11513]]
Balderas, Alicia Aranda De Buendia, and Ana Laura Buendia
Aranda shall be considered to have entered and remained
lawfully and shall be eligible for adjustment of status under
section 245 of the Immigration and Nationality Act (8 U.S.C.
1255) as of the date of the enactment of this Act.
(c) Deadline for Application and Payment of Fees.--
Subsections (a) and (b) shall apply only if the application
for issuance of an immigrant visa or the application for
adjustment of status is filed with appropriate fees not later
than 2 years after the date of the enactment of this Act.
(d) Reduction of Immigrant Visa Numbers.--Upon the granting
of an immigrant visa or permanent residence to Jose Buendia
Balderas, Alicia Aranda De Buendia, and Ana Laura Buendia
Aranda, the Secretary of State shall instruct the proper
officer to reduce by 3, during the current or next following
fiscal year--
(1) the total number of immigrant visas that are made
available to natives of the country of birth of Jose Buendia
Balderas, Alicia Aranda De Buendia, and Ana Laura Buendia
Aranda under section 203(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)); or
(2) if applicable, the total number of immigrant visas that
are made available to natives of the country of birth of Jose
Buendia Balderas, Alicia Aranda De Buendia, and Ana Laura
Buendia Aranda under section 202(e) of such Act.
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