[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S100-S101]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 129. A bill for the relief of Ruben Mkoian, Asmik Karapetian, and 
Arthur Mkoyan; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am reintroducing a private 
relief bill on behalf of Ruben Mkoian, his wife, Asmik Karapetian and 
their son, Arthur Mkoyan. The Mkoian family are Armenian nationals who 
have been living and working in Fresno, California, for over a decade.
  The story of the Mkoian family is compelling and I believe they merit 
Congress's special consideration for such an extraordinary form of 
relief as a private bill.
  Let me first start with how the Mkoian family arrived in the United 
States. While in Armenia, Mr. Mkoian worked as a police sergeant in a 
division dealing with vehicle licensing. As a result of his position, 
he was offered a bribe to register 20 stolen vehicles.
  He refused the bribe and reported the incident to the police chief. 
He later learned that his co-worker had registered the vehicles at the 
request of the chief.
  After he reported the offense, Mr. Mkoian's supervisor informed him 
that the department was to undergo an inspection. Mr. Mkoian was 
instructed to take a vacation during this time period. Mr. Mkoian 
believed that the inspection was a result of the complaint that he had 
filed with the higher authorities.
  During the inspection, however, Mr. Mkoian worked at a store that he 
owned rather than taking a vacation. During that time, individuals kept 
entering his store and attempted to damage it and break merchandise. 
When he threatened to call the police, he received threatening phone 
calls telling him to ``shut up'' or else he would ``regret it.'' Mr. 
Mkoian believed that these threats were related to the illegal vehicle 
registrations occurring in his department because he had nothing else 
to be silent about.
  Later that same month, three men grabbed his wife and attempted to 
kidnap his child, Arthur, on the street. Mrs. Mkoian was told that her 
husband should ``shut up.'' No one suffered any injuries from the 
incident. In October 1991, a bottle of gasoline was thrown into the 
Mkoian's residence and their house was burned down. The final incident 
occurred on April 1, 1992, when four or five men assaulted Mr. Mkoian 
in his store. He was beaten and hospitalized for 22 days.
  Following that experience, Mr. Mkoian left Armenia for Russia, and 
then came to the United States on a visitor's visa in search of a 
better life. Two years later he brought his wife Asmik and his then 3-
year-old son Arthur to the United States, also on visitor's visas. The 
family applied for political asylum, but the 9th Circuit Court of 
Appeals denied their request in January 2008. Thus, the family has no 
further legal recourse by which to remain in the country other than 
this bill.
  Since arriving in the United States, the family has thrived. Arthur 
is now 18 years old and the family has expanded to include Arsen, who 
is a U.S. citizen.
  Both Arthur and Arsen are very special children. In high school, 
Arthur maintained a 4.0 grade point average and was a valedictorian for 
the class of 2008. I first introduced this bill on his graduation day. 
Today, Arthur is a freshman at the University of California, Davis.
  Arsen is following in his older brother's footsteps. At age 12, he 
stands out among his peers and is on the honor roll at Tenaya Middle 
School in Fresno.
  In addition to raising two outstanding children, Mr. and Mrs. Mkoian 
have maintained steady jobs and have devoted time and energy into the 
community and their church. Mr. Mkoian is working at HB Medical 
Transportation, as a driver in Fresno.
  His wife, Asmik, has two jobs as a medical receptionist with Dr. 
Kumar in Fresno and as a sales clerk at Gottschalks Department Store. 
In addition, she has taken classes at Fresno Community College and has 
completed their Medical Assistant Program.
  The family are active members of the St. Paul Armenian Church, and 
Mr. Mkoian is a member of the PTA of the St. Paul Armenian Saturday 
School.
  There has been an outpouring of support for this family from their 
church, the schools their children attend, and the community at large.
  To date, we have received over 200 letters of support for the family 
in addition to numerous telephone calls. I also note that I have 
letters from both Congressman George Radanovich and Jim Costa, 
requesting that I offer this bill for the Mkoian family.
  I truly believe that this case warrants our compassion and our 
extraordinary consideration.
  I ask my colleagues to support this private bill. Mr. President, I 
ask by unanimous consent that the 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:

[[Page S101]]

                                 S. 129

       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 RUBEN MKOIAN, ASMIK 
                   KARAPETIAN, AND ARTHUR MKOYAN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Ruben Mkoian, Asmik Karapetian, and Arthur Mkoyan 
     shall each be eligible for the 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 (8 U.S.C. 1154) or for adjustment of status to lawful 
     permanent resident.
       (b) Adjustment of Status.--If Ruben Mkoian, Asmik 
     Karapetian, or Arthur Mkoyan enters the United States before 
     the filing deadline specified in subsection (c), Ruben 
     Mkoian, Asmik Karapetian, or Arthur Mkoyan, as appropriate, 
     shall be considered to have entered and remained lawfully in 
     the United States 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) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the 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 granting an 
     immigrant visa or permanent resident status to Ruben Mkoian, 
     Asmik Karapetian, and Arthur Mkoyan, the Secretary of State 
     shall instruct the proper officer to reduce by 3, during the 
     current or subsequent fiscal year, the total number of 
     immigrant visas that are made available to natives of the 
     country of birth of Ruben Mkoian, Asmik Karapetian, and 
     Arthur Mkoyan under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) or, if applicable, the 
     total number of immigrant visas that are made available to 
     natives of the country of birth of Ruben Mkoian, Asmik 
     Karapetian, and Arthur Mkoyan under section 202(e) of such 
     Act (8 U.S.C. 1152(e)).
                                 ______