[Congressional Record Volume 157, Number 30 (Wednesday, March 2, 2011)]
[Senate]
[Pages S1133-S1135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 446. A bill for the relief of Ruben Mkoian, Asmik Karapetian, and 
Arthur Mkoyan; to the Committee on the Judiciary.
   Mrs. FEINSTEIN. Mr. President, I rise to reintroduce private relief 
legislation in the 112th Congress on behalf of Ruben Mkoian, Asmik 
Karapetian, and their son, Arthur Mkoyan. The Mkoian family has been 
living in Fresno, California, for over 15 years. I continue to believe 
this family deserves Congress' special consideration for such an 
extraordinary form of relief as a private bill.
  The Mkoian family is originally from Armenia. They decided to leave 
Armenia for the United States in the early 1990s, following several 
incidents in which the family experienced vandalism and threats to 
their well-being.
  In Armenia, Ruben worked as a police sergeant on vehicle licensing. 
At one point, he was offered a bribe to register stolen vehicles, which 
he refused and reported to his superior, the police chief. He later 
learned that a co-worker had gone ahead and registered the vehicles at 
the request of the chief.
  Several disturbing incidents occurred after Ruben reported the bribe 
offer to illegally register vehicles. Ruben's store was vandalized; 
after he said he would call the police, he received threatening phone 
calls telling him to keep quiet. At one point, the Mkoians suffered the 
loss of their home when a bottle of gasoline was thrown into their 
residence, burning it to the ground. In April 1992, several men entered 
the family store and assaulted Ruben, hospitalizing him for 22 days.
  Ruben, Asmik, and their three-year-old son, Arthur, left Armenia soon 
thereafter and entered the United States on visitor visas. They applied 
for political asylum in 1992 on the grounds that they would be subject 
to physical attacks if returned to Armenia. It took 16 years for their 
case to be finalized, and the Ninth Circuit Court of Appeals denied 
their asylum case in January 2008.
  At this time, Ruben, Asmik, and Arthur have exhausted every option to 
remain legally in the United States.
  The Mkoians have worked hard to build a place for their family in 
California. Ruben works as a truck driver for a California trucking 
company. He has been described as ``trustworthy,'' ``knowledgeable,'' 
and an asset to the company. Asmik has completed training at a local 
community college and is now a full-time medical assistant with Fresno 
Shields Medical Group.
  The Mkoians attend St. Paul Armenian Apostolic Church in Fresno. They 
do charity work to send medical equipment to Armenia. Asmik also 
teaches

[[Page S1135]]

Armenian School on Saturdays at the church.
  I would particularly like to highlight the achievements of the Ruben 
and Asmik's two children, Arthur and Arsen, who were raised in 
California and have been recognized publicly for their scholastic 
achievements.
  I first introduced a private bill for this family on Arthur's high 
school graduation day. Despite being undocumented, Arthur maintained a 
4.0 grade point average in high school and was a valedictorian for the 
class of 2008. Arthur, now 20 years old, is in his third year at the 
University of California, Davis. He is studying biochemistry, maintains 
excellent grades, and was on the Dean's Merit List again this past 
quarter.
  Arthur's brother, Arsen, is 14 years old and a United States citizen. 
He is currently a freshman at Bullard High School in Fresno, where he 
does well in his classes, maintaining a 3.9 grade point average.
  I believe Arthur and Arsen are two young individuals with great 
potential here in the United States. Like their parents, they have 
demonstrated their commitment to working hard--and they are succeeding. 
They clearly aspire to do great things here in the United States.
  It has been more than 18 years since Ruben, Asmik, and Arthur left 
Armenia. This family has few family members and virtually no supporting 
contacts in Armenia. They invested their time, resources, and effort in 
order to remain in the United States legally, to no avail. A private 
relief bill is the only means to prevent them from being forced to 
return to a country that long ago became a closed chapter of their 
past.
  When I first introduced a bill on behalf of the Mkoian family in 
2008, I received written endorsements from Representatives George 
Radanovich, R-CA, and Jim Costa, D-CA, in strong support of the family. 
I also received more than 200 letters of support and dozens of calls of 
support from friends and community members, attesting to the positive 
impact that this family has had in Fresno California.
  I believe that this case warrants our compassion and our 
extraordinary consideration. I respectfully ask my colleagues to 
support this private legislation on behalf of the Mkoian family.
  Mr. President, I ask 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:

                                 S. 446

       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)).
       (e) PAYGO.--The budgetary effects of this Act, for the 
     purpose of complying with the Statutory Pay-As-You-Go-Act of 
     2010, shall be determined by reference to the latest 
     statement titled ``Budgetary Effects of PAYGO Legislation'' 
     for this Act, submitted for printing in the Congressional 
     Record by the Chairman of the Senate Budget Committee, 
     provided that such statement has been submitted prior to the 
     vote on passage.
                                 ______