[House Report 105-689]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-689
_______________________________________________________________________


 
              FOR THE RELIEF OF MAI HOA ``JASMIN'' SALEHI

_______________________________________________________________________


 September 9, 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. 1794]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1794) for the relief of Mai Hoa ``Jasmin'' Salehi, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.


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

                          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

    Cyrus Salehi and Mai Hoa Salehi were married in March 1995. 
In June 1995, they went to the I.N.S. and filed an application 
for Mrs. Salehi as an alien spouse and because of a backlog on 
applications were scheduled for their interview in August 1996. 
This 14-month delay was normal in Los Angeles at that time. The 
husband was shot and killed at the Denny's Resturant he was 
part owner of in February 1996--11 months after the marriage. 
In August, when the widow arrived at the scheduled interview, 
she was told that because they had not been married for two 
years prior to her husband's death she would be receiving 
notice within 45 days to leave the United States or face 
deportation. Because of a request made by the prosecuting 
office, she was granted advance parole to participate in the 
trial of her husband's murderers.
    By all accounts this was a legitimate marriage, and it is 
through no fault of her own that Mrs. Salehi has not met the 
marriage requirements of the I.N.A.
    I.N.A. regulations concerning the untimely death of a 
sponsoring spouse allow for a waiver of the two year marriage 
requirement only if the individual's petition for conditional 
permanent residence has been approved prior to the death. If 
there had not been a 14-month backlog on petition approvals in 
Los Angeles, Mrs. Salehi would have been eligible for that 
waiver. Although the occurrence of death prior to two years of 
marriage is rare, the waiver is routinely given for 
humanitarian reasons in a case of this type if the petition for 
conditional permanent residence has been approved.

                                Hearings

    The Committee's Subcommittee on Immigration and Claims held 
no hearings on H.R. 1794.

                        Committee Consideration

    On July 23, 1998, the Subcommittee on Immigration and 
Claims met in open session and ordered favorably reported the 
bill H.R. 1794 without amendment by voice vote, a quorum being 
present.
    On August 4, 1998, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill H.R. 1794 
without amendment by voice vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 2(1)(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(1)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(1)(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(1)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R.1794, 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, August 6, 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. 1794, a bill for 
the relief of Mai Hoa ``Jasmin'' Salehi.
    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. 1794--A bill for the relief of Mai Hoa ``Jasmin'' Salehi
    H.R. 1794 would make Mai Hoa Salehi eligible for permanent 
U.S. residence. CBO estimates that enacting this legislation 
would have no significant impact on the federal budget. H.R. 
1794 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 S. 508, the Senate companion bill to H.R. 1794, are as 
follows:

                         U.S. Department of Justice
                     Immigration and Naturalization Service
                                 Washington, DC, September 9, 1997.
Hon. Orrin Hatch,
Chairman, Committee on the Judiciary,
Unites States Senate, Washington, DC.
    Dear Mr. Chairman: In response to your request for a report 
to S. 508 for the relief of Mai Hoa Salehi, also known as Mai 
Hoa Joo and Jasmin Salehi, there is attached a memorandum of 
information concerning the beneficiary.
    The bill would grant the beneficiary permanent residence in 
the United States as of the date of its enactment, upon payment 
of the required visa fees. It would also direct the proper visa 
number deduction.
    Absent enactment of the bill, the beneficiary, a native and 
citizen of Korea, appears to be ineligible for permanent 
residence in the United States.
            Sincerely,
                                              FOR THE COMMISSIONER,

                                            Allen Erenbaum,
                                                   Acting Director,
                                           Congressional Relations.

MORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION FILES RE S. 
                                  508

    The beneficiary, Mai Hoa SALEHI, birth name Mai Hoa JOO, 
also known as Jasmin SALEHI, a native of Korea and citizen of 
Korea, was born February 20, 1964. She resided alone in Sherman 
Oaks, California. She obtained a four-year college education in 
Geology from Sang Myung University in Seoul, Korea. She has 15% 
ownership of ``Denny's'' restaurant in Reseda, California, and 
claims assets of 90,000 U.S. dollars in savings accounts. The 
beneficiary has one sister living in the United States as a 
Lawfully Admitted Permanent Resident Alien and a sister and 
brother living in South Korea.
    The beneficiary resided in South Korea from her birth until 
1995. She first visited the United States in December, 1990, 
being admitted as a nonimmigrant visitor for a period not to 
exceed six months. The beneficiary was later admitted as a 
nonimmigrant visitor in July, 1991; October, 1994; and January 
13, 1995 at Los Angeles, California. In March, 1995, the 
beneficiary married Cyrus SALEHI, a United States a citizen, 
and began residing with him in Van Nuys, California. On June 
27, 1995, the beneficiary and her husband filed a form I-130 
(Petition for Immigrant Relative) and I-485 (Application to 
Register Permanent Residence or Adjust Status) with the 
Immigration and Naturalization Service (Service) based on their 
marriage. On February 3, 1996, Cyrus SALEHI, the beneficiary's 
husband, was murdered during an armed robbery. On August 16, 
1996, the beneficiary appeared before the Service for an 
interview in connection with her pending I-130 and I-485. The 
Service informed her that she is no longer eligible for 
adjustment of status because, due to the petitioner's death, 
there is no longer a valid relative sponsor. In October, 1996, 
the beneficiary appealed this decision to the Board of 
Immigration Appeals.
    The beneficiary has since been granted advance parole 
status for humanitarian reasons, authorized to remain in the 
United States until October 1, 1997, to attend and be a 
potential witness in the trial of the two suspects charged with 
the death of her husband. In July, 1997, the two suspects were 
convicted of secondary manslaughter and were sentenced to life 
in prison without the possibility of parole. The beneficiary 
continues to remain in the United States under advance parole 
status while the outcome of private bill S. 508 is pending.

                                
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