[Congressional Record Volume 159, Number 39 (Monday, March 18, 2013)]
[Senate]
[Pages S1894-S1895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mrs. FEINSTEIN:
S. 584. A bill for the relief of Jorge Rojas Gutierrez, Olivia
Gonzalez Gonzalez, and Jorge Rojas Gonzalez; to the Committee on the
Judiciary.
Mrs. FEINSTEIN. Mr. President, today I am reintroducing a private
relief bill on behalf of Jorge Rojas Gutierrez, his wife, Oliva
Gonzalez Gonzalez, and their son, Jorge Rojas Gonzalez, Jr. The Rojas
family, originally from Mexico, is living in the San Jose area of
California.
The story of the Rojas family is compelling, and I believe they merit
Congress' special consideration for such an extraordinary form of
relief as a private bill.
Jorge and his wife, Oliva, originally came to the United States in
1990 when their son Jorge Rojas, Jr. was just 2 years old. In 1995,
they left the country to attend a funeral, and then re-entered the
United States on visitor's visas.
The family has since expanded to include two sons, Alexis Rojas, now
20 years old, Matias, now 3 years old, a daughter Tania Rojas, now age
18, and a granddaughter, Mina Rojas, who is 3 years old.
The Rojas family first attempted to legalize their status in the
United States when an unscrupulous immigration consultant, who was not
an attorney, advised them to apply for asylum. Unfortunately, without
proper legal guidance, this family did not realize at the time that
they lacked a valid basis for asylum. The asylum claim was denied in
2008, leaving the Rojas family with no further options to legalize
their status.
Since their arrival in the United States more than 20 years ago, the
Rojas family has demonstrated a robust work ethic and a strong
commitment to their community in California. They have paid their taxes
and worked hard to contribute to this country.
Jorge is a hard-working individual who has been employed by Valley
Crest Landscape Maintenance in San Jose, California, for the past 16
years. Currently, he works on commercial landscaping projects. Jorge is
well-respected by his supervisor and his peers.
In addition to supporting his family, Jorge has volunteered his time
to provide modern green landscaping and building projects at his
children's school in California. He is active in his neighborhood
association, where he worked with his neighbors to open a library and
community center in their community.
Oliva, in addition to raising her three children, has also been very
active in the local community. She volunteers with the People Acting in
Community Together, PACT, organization, where she works to prevent
crime, gangs and drug dealing in San Jose neighborhoods and schools.
Perhaps one of the most compelling reasons for permitting the Rojas
family to remain in the United States is the impact that their
deportation would have on their four children. Three of the Rojas
children, Alexis, Tanya, and Matias are American citizens. Jorge Rojas,
Jr. has lived in the United States since he was a toddler.
For Alexis, Tanya, Matias and Jorge Jr., this country is the only
country they really know. Jorge Rojas, Jr., who entered the United
States as an infant with his parents, recently became a father. He is
now 24 years old and working at a job that allows him to support his
daughter, Mina. Jorge Jr. graduated from Del Mar High School in 2007.
Alexis, age 20, graduated from Del Mar High School and is now a
student at West Valley College in Saratoga, California. He is
interested in studying linguistics. Tania, age 18, recently graduated
from Del Mar High School and is in her first year at West Valley
College. Their teachers describe them as ``fantastic, wonderful and
gifted'' students.
It seems so clear to me that this family has embraced the American
dream and their continued presence in our country would do so much to
enhance the values we hold dear.
When I first introduced this bill, I received dozens of letters from
the community in Northern California in support of this family.
Enactment of this private bill legislation will enable the Rojas family
to continue to make significant contributions to their community as
well as the United States.
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. 584
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 JORGE ROJAS
GUTIERREZ, OLIVA GONZALEZ GONZALEZ, AND JORGE
ROJAS GONZALEZ.
(a) In General.--Notwithstanding subsections (a) and (b) of
section 201 of the Immigration and Nationality Act (8 U.S.C.
1151), Jorge Rojas Gutierrez, Oliva Gonzalez Gonzalez, and
Jorge Rojas Gonzalez 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
[[Page S1895]]
204 of such Act (8 U.S.C. 1154) or for adjustment of status
to lawful permanent resident.
(b) Adjustment of Status.--If Jorge Rojas Gutierrez, Oliva
Gonzalez Gonzalez, or Jorge Rojas Gonzalez enters the United
States before the filing deadline specified in subsection
(c), Jorge Rojas Gutierrez, Oliva Gonzalez Gonzalez, or Jorge
Rojas Gonzalez, 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) Deadline for 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 residence to Jorge Rojas
Gutierrez, Oliva Gonzalez Gonzalez, and Jorge Rojas Gonzalez,
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 Jorge Rojas Gutierrez,
Oliva Gonzalez Gonzalez, and Jorge Rojas Gonzalez 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 Jorge Rojas Gutierrez, Oliva Gonzalez
Gonzalez, and Jorge Rojas Gonzalez 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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