[House Report 105-524]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-524
_______________________________________________________________________


 
                RELIEF OF NURATU OLAREWAJU ABEKE KADIRI

_______________________________________________________________________


   May 12, 1998.--Committed to the Committee of the Whole House and 
                         ordered to be printed

                                _______
                                

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1949]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1949) for the relief of Nuratu Olarewaju Abeke 
Kadiri, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.


                           TABLE OF CONTENTS

                                                                   Page
The Amendment..............................................           1
Purpose and Summary........................................           2
Background and Need for the Legislation....................           2
Hearings...................................................           3
Committee Consideration....................................           3
Committee Oversight Findings...............................           3
Committee on Government Reform and Oversight Findings......           3
New Budget Authority and Tax Expenditures..................           3
Congressional Budget Office Cost Estimate..................           3
Constitutional Authority Statement.........................           4
Agency Views...............................................           4

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. PERMANENT RESIDENT STATUS FOR NURATU OLAREWAJU ABEKE KADIRI.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Nuratu Olarewaju Abeke 
Kadiri 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 or for adjustment of status to lawful permanent resident.
    (b) Adjustment of Status.--If Nuratu Olarewaju Abeke Kadiri 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 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 Nuratu Olarewaju Abeke Kadiri, 
the Secretary of State shall instruct the proper officer to reduce by 
1, 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 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.
    (e) Denial of Preferential Immigration Treatment for Certain 
Relatives.--The natural parents, brothers, and sisters of Nuratu 
Olarewaju Abeke Kadiri shall not, by virtue of such relationship, be 
accorded any right, privilege, or status under the Immigration and 
Nationality Act.

                          Purpose and Summary

    This bill would make the claimant eligible for adjustment 
of her status to that of a permanent resident.

                Background and Need For the Legislation

    Miss Kadiri was born in Lagos, Nigeria in 1978. In 1981, 
she was brought to the United States to be with her parents and 
brother. Four years later while her father was back in Nigeria 
attending his father's funeral, her mother deserted the 
children and has had no contact with them since. The father 
returned and filed for immigration amnesty for Miss Kadiri and 
her brother. At the age of 10, she was granted temporary 
resident status in March of 1989. Leaving the children with a 
cousin and his wife, the father then returned to Nigeria 
permanently, and since that time has had only sporadic contact 
with his children, and has provided no support for them. 
Unbeknownst, to the cousin, his spouse, or obviously the 
children, the father never completed the adjustment of status 
for the children. In 1993, when Miss Kadiri's brother wished to 
compete in the National Speed Skating competition, he was 
informed that because he was not a permanent resident or 
citizen, he would have to step aside to let a citizen compete. 
This was when the family realized that the father had not taken 
care of the children's immigration status. On August 5, 1993, 
Miss Kadiri, now 14, applied for adjustment of status to 
permanent residence. However, the deadline for the application 
was October 14, 1992. Her appeal was dismissed.
    Since the age of 4, Miss Kadiri has continuously resided in 
the United States. She is an accomplished athlete and a member 
of the national honor society. She was offered several 
scholarships and was accepted at several universities. In 
essence, the cousin and his wife are the only real parents Miss 
Kadiri has ever had and her brother and American citizen sister 
reside here in the United States.
    It is through no fault of her own, nor her guardians, that 
Miss Kadiri's father deserted her without finalizing her 
permanent resident. As soon as she was aware of the problem, 
she immediately attempted to adjust her status. She has lived 
her entire life in the United States and has no ties to another 
country.
    The Committee ordered reported an amendment in the nature 
of a substitute which added a provision to the original 
language indicating that no immediate relatives can benefit 
under immigration law from Miss Kadiri's status.

                                Hearings

    The Committee's Subcommittee on Immigration and Claims held 
no hearings on H.R. 1949.

                        Committee Consideration

    On September 8, 1997, the Subcommittee on Immigration and 
Claims met in open session and ordered favorably reported the 
bill H.R. 1949, as amended, by voice vote, a quorum being 
present.
    On April 1, 1998, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill H.R. 1949 
with amendment by voice vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 1949, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 8, 1998.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1949, a bill for 
the relief of Nuratu Olarewaju Abeke Kadiri.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,

                                           June E. O'Neill, Director.  
    Enclosure.
    cc: Hon. John Conyers, Jr.,
         Ranking Minority Member.

H.R. 1949--A bill for the relief of Nuratu Olarewaju Abeke Kadiri
    H.R. 1949 would grant permanent residence to Nuratu 
Olarewaju Abeke Kadiri. CBO estimates that enacting this 
legislation would have no significant impact on the federal 
budget. H.R. 1949 could have a very small effect on fees 
collected by the Immigration and Naturalization Service, which 
are classified as direct spending, so pay-as-you-go procedures 
would apply.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Robert A. Sunshine, Deputy Assistant Director for Budget 
Analysis.

                   Constitutional Authority Statement

    Pursuant to Rule XI, clause 2(1)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article 1, Section 1, Clause 8 of the 
Constitution.

                              Agency Views

    The comments of the Immigration and Naturalization Service 
on H.R. 1949 are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                 Washington, DC, February 11, 1998.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: In response to your request for a report 
relative to H.R. 1949 for the relief of Nuratu Olarewaju Abeke 
Kadiri, there is enclosed a memorandum of information 
concerning the beneficiary.
    The bill would grant the beneficiary eligibility for 
issuance of an immigrant visa or for adjustment of status upon 
filing an application for issuance of an immigrant visa under 
Section 204 of the Immigration and Nationality Act or for 
adjustment of status to lawful permanent resident. The bill 
would also direct the proper visa number deduction.
    Absent enactment of the bill, the beneficiary appears to be 
ineligible for permanent residence at this time.
            Sincerely,

                                             Allen Erenbaum
                           Acting Director Congressional Relations,
                                                  For The Commissioner.

 Memorandum of Information From Immigration and Naturalization Service 
                            Files H.R. 1949

    Nuratu Olarewaju Abeke Kadiri, a native and citizen of 
Nigeria, was born on January 14, 1978. The beneficiary entered 
the United States with her parents on October 11, 1981 as a 
visitor for pleasure, authorized to remain until April 11, 
1982. In June of 1985 her parents returned to Nigeria, where 
they still reside, leaving the beneficiary in the care of her 
father's cousin. The beneficiary obtained a high school diploma 
in June 1996. She is presently an undergraduate student at 
Northwestern University in Evanston, Illinois in the evening 
division, majoring in international business. She is also 
employed as a sales representative with an electric cable 
company in Chicago. Her current salary is $27,000. She claims 
assets of $20,000. The beneficiary has a sister who is a native 
and citizen of the United States, and a brother who is a lawful 
permanent resident. She has a close relationship with her two 
siblings.
    The beneficiary was approved for temporary permanent 
resident status on March 24, 1989 pursuant to Section 245A of 
the Immigration and Nationality Act (INA), as amended by the 
Immigration Reform and Control Act of 1986. Section 
245A(b)(2)(C) of the INA and Title 8 CFR part 245a.3(c)(3) 
provides that an alien who has been granted temporary resident 
status loses that status if the alien fails to file for 
permanent resident status within 43 months from the grant of 
the temporary status. She failed to file her application to 
adjust to permanent resident status within the 43 month period 
as required by regulation. Her application for adjustment was 
denied on August 30, 1993.
    Record checks are pending with the Federal Bureau of 
Investigation. The Committee will be advised if any adverse 
information is obtained.

                                
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