[Congressional Record Volume 157, Number 30 (Wednesday, March 2, 2011)]
[Senate]
[Pages S1135-S1136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 447. A bill for the relief of Jose Alberto Martinez Moreno, 
Micaela Lopez Martinez, and Adilene Martinez; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am reintroducing private 
immigration relief legislation to provide lawful permanent resident 
status to Jose Alberto Martinez Moreno, Micaela Lopez Martinez, and 
their daughter, Adilene Martinez. This family is originally from Mexico 
but has been living in California for twenty years. I believe they 
merit Congress' special consideration for this extraordinary form of 
relief.
  When Jose came to the United States from Mexico, he began working as 
a busboy in restaurants in San Francisco, California. In 1990, he 
started working as a cook at Palio D'Asti, an award-winning Italian 
restaurant in San Francisco.
  Jose worked his way through the ranks, eventually becoming Palio's 
sous chef. His colleagues describe him as a reliable and cool-headed 
coworker, and as ``an exemplary employee'' who not only is ``good at 
his job but is also a great boss to his subordinates.''
  He and his wife, Micaela, call San Francisco home. Micaela works as a 
housekeeper. They have three daughters, two of whom are United States 
citizens. Their oldest child Adilene, age 22, is undocumented. Adilene 
graduated from the Immaculate Conception Academy and attended San 
Francisco City College. She is now studying nursing at Los Medranos 
College.
  The Martinez's second daughter, Jazmin, is a senior at Leadership 
High School and has applied to attend several Universities in 
California. Jazmin is a United States citizen and has been diagnosed 
with asthma. According to her doctor, if the family returns to Mexico, 
the high altitude and air pollution in Mexico City could be fatal to 
Jazmin.
  The Martinez family attempted to legalize their status through 
several channels.
  In 2001, Jose's sister, who has legal status, petitioned for Jose to 
get a green card. However, the current green card backlog for siblings 
from Mexico is long, and it will be many years before Jose will be 
eligible to legalize his status though his sister.
  In 2002, the Martinez family applied for political asylum. Their 
application was denied. An immigration judge denied their subsequent 
application for cancellation of removal because he could not find the 
``requisite hardship'' required for this form of immigration relief. 
Ironically, the immigration judge who reviewed their case found that 
Jose's culinary ability was a negative factor weighing against keeping 
the family in the United States, finding that Jose's skills indicated 
that he could find a job in Mexico.
  Finally, Daniel Scherotter, the executive chef and owner of Palio 
D'Asti, petitioned for legal status for Jose based upon Jose's unique 
skills as a chef. Even though U.S. Citizenship and Immigration Services 
approved Jose's work petition, there is a backlog for employment based 
visas and it may be many years before Jose can get a visa. Until then, 
he and his family remain subject to deportation.
  Jose, Micaela, and their daughter, Adilene, have no other 
administrative options to legalize their status. If they are deported, 
they will face a several-year ban from returning to the United States. 
Jose and Micaela will be separated from their American citizen-children 
and their community.
  The Martinez family has become an integral part of their community in 
California. They are active in their faith community and their 
children's schools. They volunteer with community-based organizations 
and are, in turn, supported by their community. When I first introduced 
this bill, I received dozens of letters of support from their fellow 
parishioners, teachers, and members of their community.

[[Page S1136]]

  The Martinez family truly embraces the American dream. Jose worked 
his way through the restaurant industry to become a chef and an 
indispensable employee at a renowned restaurant. Adelene worked hard in 
high school and is now attending college.
  I believe the Martinez family's presence in the United States allows 
them to continue making significant contributions to their community in 
California.
  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. 447

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADJUSTMENT OF STATUS.

       (a) In General.--Notwithstanding any other provision of 
     law, for the purposes of the Immigration and Nationality Act 
     (8 U.S.C. 1101 et seq.), Jose Alberto Martinez Moreno, 
     Micaela Lopez Martinez, and Adilene Martinez shall each be 
     deemed to have been lawfully admitted to, and remained in, 
     the United States, and shall be eligible for adjustment of 
     status to that of an alien lawfully admitted for permanent 
     residence under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) upon filing an application 
     for such adjustment of status.
       (b) Application and Payment of Fees.--Subsection (a) shall 
     apply only if 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.
       (c) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of permanent resident status to Jose Alberto Martinez Moreno, 
     Micaela Lopez Martinez, and Adilene Martinez, 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 the birth of Jose Alberto Martinez Moreno, 
     Micaela Lopez Martinez, and Adilene Martinez under section 
     202(e) or 203(a) of the Immigration and Nationality Act (8 
     U.S.C. 1152(e) and 1153(a)), as applicable.
       (d) 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.
                                 ______