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

      By Mrs. FEINSTEIN:
  S. 444. A bill for the relief of Shirley Constantino Tan; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today, I am introducing a bill for the 
private relief of Shirley Constantino Tan. Shirley is a Filipina 
national living in Pacifica, California. She is the proud mother of 14-
year-old U.S. citizen twin boys, Jashley and Joreine, and the spouse of 
Jay Mercado, a naturalized U.S. citizen.
  I believe Shirley merits Congress' special consideration for this 
extraordinary form of relief because I believe her removal from the 
United States would cause undue hardship for her and her family. 
Shirley faces deportation to the Philippines, which would separate her 
from her family and jeopardize her safety.
  Shirley experienced horrific violence in the Philippines before she 
left to come to the United States. When Shirley was only 14 years old, 
her cousin murdered her mother and her sister and shot Shirley in the 
head. While the cousin who committed the murders was eventually 
prosecuted, he received a short jail sentence. Fearing for her safety, 
Shirley fled the Philippines just before her cousin was due to be 
released from jail. She entered the United States legally on a 
visitor's visa in 1989.
  Shirley's current deportation order is the result of negligent 
counsel. Shirley applied for asylum in 1995. While her case appeal was 
pending at the Board of Immigration Appeals, her attorney failed to 
submit a brief to support her case. As a result, the case was 
dismissed, and the Board of Immigration Appeals granted Shirley 
voluntary departure from the United States.
  Shirley never received notice that the Board of Immigration Appeals 
granted her voluntary departure. Shirley's attorney moved offices, did 
not receive the order, and ultimately never informed her of the order. 
As a result, Shirley did not depart the United States and the grant of 
voluntary departure automatically became a deportation order. Shirley 
learned about the deportation order for the first time on January 28, 
2009, when Immigration and Customs Enforcement agents took her into 
immigration custody.
  Because of her attorney's negligent actions, Shirley was denied the 
opportunity to present her case in U.S. immigration proceedings. 
Shirley later filed a complaint with the State Bar of California 
against her former attorney. She is not the first person to file such a 
complaint against this attorney.
  In addition to the hardship that would come to Shirley if she is 
deported, Shirley's deportation would be a serious hardship to her two 
United States citizen children, Jashley and Joreine, who are minors.
  Jashley and Joreine are currently attending Terra Nova High School in 
Pacifica, California, where they continue to be excellent students on 
the honor roll. The children are involved in their school's music 
program, playing the clarinet and the flute. The children's teacher 
wrote a letter to me in which she described Shirley's involvement in 
Jashley and Joreine's lives, referring to Shirley as a ``model'' parent 
and describing her active role in the school community. In addition to 
caring for her two children, Shirley is the primary caregiver for her 
elderly mother-in-law.
  If Shirley were forced to leave the United States, her family has 
expressed that they would go with Shirley to the Philippines or try and 
find a third country where the entire family could relocate. This would 
mean that Jashley and Joreine would have to leave behind their 
education and the only home they know in the United States.
  While Shirley and Jay are legally married under California law at 
this time, Shirley cannot legally adjust her immigration status through 
the regular family-based immigration procedures.
  I do not believe it is in our Nation's best interest to force this 
family, with two United States citizen children, to make the choice 
between being separated and relocating to a country where they may face 
safety concerns or other serious hardships.
  Shirley and her family are involved in their community in Pacifica 
and own their own home. The family attends Good Shepherd Catholic 
Church, volunteering for the church and the Mother Theresa of 
Calcutta's Daughters of Charity. Shirley has the support of dozens of 
members of her community who shared with me the family's spirit of 
commitment to their community.
  Enactment of the legislation I am introducing on behalf of Shirley 
today will enable this entire family to continue their lives in 
California and make positive contributions to their community.
  I ask my colleagues to support this private bill.
  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. 444

       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 SHIRLEY CONSTANTINO 
                   TAN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Shirley Constantino Tan shall 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 (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Shirley Constantino Tan 
     enters the United States before the filing deadline specified 
     in subsection (c), she shall be considered to have entered 
     and remained lawfully and shall, if otherwise eligible, 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 within 2 
     years after the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Number.--Upon the granting 
     of an immigrant visa or permanent residence to Shirley 
     Constantino Tan, the Secretary of State shall instruct the 
     proper officer to reduce by one, during the current or next 
     following fiscal year, the total number of immigrant visas 
     that are made available 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)) or, if applicable, the 
     total number of immigrant visas that are made available to 
     natives of the country of the alien's birth 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.
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