[House Report 106-178]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-178

======================================================================



 
                    FOR THE RELIEF OF SUCHADA KWONG

_______________________________________________________________________


   June 9, 1999.--Referred to the Private Calendar 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. 322]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 322) for the relief of Suchada Kwong, 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 SUCHADA KWONG.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Suchada Kwong 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 Suchada Kwong 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 Suchada Kwong, 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 Suchada Kwong 
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

    Jimmy Kwong, a United States born citizen, and Suchada 
Vasanaarchasakul, a citizen of Thailand, met through mutual 
friends in 1993. They married on September 23, 1995. Mr. Kwong 
filed an immediate relative petition for Mrs. Kwong at that 
time. However, because Mrs. Kwong's TB skin test had a positive 
reaction, the petition and adjustment application had to be 
postponed so that she could have further tests. At that point, 
Mrs. Kwong was pregnant, and was advised to wait until after 
the baby was born to have the required chest x-ray. On March 
27, 1996, they were informed that their interview for approval 
of the petition for conditional permanent residence for Mrs. 
Kwong was scheduled for August 15, 1996. In May 1996, Mrs. 
Kwong gave birth to their son, Ryan Kwong. Her chest x-ray 
determined that she did not have TB. Tragically, less than 3 
weeks after the birth of his son, Mr. Kwong was killed in a car 
accident on June 14, 1996.
    I.N.A. regulations concerning the untimely death of a 
sponsoring spouse allow for a waiver of the 2-year marriage 
requirement only if the individual's petition for conditional 
permanent residence had been approved prior to the death. The 
interview for approval of Mrs. Kwong's petition for conditional 
permanent residence was scheduled for August 15, 1996, however, 
Mr. Kwong was killed on June 14, 1996. Had the interview 
occurred 2 months earlier, Mrs. Kwong would have been eligible 
for that waiver. Although the occurrence of death prior to 2 
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.
    By all accounts this was a legitimate marriage, and it is 
through no fault of her own that Mrs. Kwong has not met the 
marriage requirements of the I.N.A.
    This case mirrors Private Law 105-7, legislation enacted on 
behalf of Jasmin Salehi. In that case, Mrs. Salehi and the 
deceased were married 9 months before he was killed in a 
robbery. However, in the case of Mrs. Kwong, there is the 
additional factor of an American citizen child to consider.
    The bill was amended in subcommittee to include standard 
private immigration bill provisions that were omitted from the 
bill as introduced.

                                Hearings

    The Committee's Subcommittee on Immigration and Claims held 
no hearings on H.R. 322.

                        Committee Consideration

    On March 4, 1999, the Subcommittee on Immigration and 
Claims met in open session and ordered favorably reported the 
bill H.R. 322 with an amendment by voice vote, a quorum being 
present.
    On May 19, 1999, the Committee on the Judiciary met in open 
session and ordered reported favorably the bill H.R. 322 as 
amended by voice vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII 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 3(c)(4) of Rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

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

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of Rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 322, 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, May 24, 1999.
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. 322, a bill for 
the relief of Suchada Kwong.
    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,
                                  Dan L. Crippen, Director.
H.R. 322.--A bill for the relief of Suchada Kwong.
    H.R. 322 would make Suchada Kwong eligible for permanent 
U.S. residence. CBO estimates that enacting this legislation 
would have no significant impact on the Federal budget. H.R. 
322 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 
Paul N. Van de Water, Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII 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. 322 are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                    Washington, DC, April 15, 1999.
Hon. Lamar Smith, Chairman,
Subcommittee on Immigration and Claims,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: This is in response to your request for 
a report regarding H.R. 322 for the relief of Suchada Kwong. 
Attached is a memorandum of information concerning the 
beneficiary.
    This bill would grant the beneficiary eligible for issuance 
of an immigrant visa or adjustment status to permanent 
residence upon filing for an application.
    Absent enactment of the bill, the beneficiary appears to be 
ineligible for permanent residence in the United States.
    We hope that the information provided is useful. If we may 
be of assistance in the future, please let us know.
            Sincerely,
                                            Allen Erenbaum,
                                           Congressional Relations.

 MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE 
                           FILES RE: S. 1961

    The beneficiary Suchada Kwong (nee: Vasanaarchasakul), a 
native of Thailand, was born April 05, 1967 in Bangkok, 
Thailand. Mrs. Kwong resides alone with her only child Ryan 
Stephen Kwong who is a United States citizen. Mrs. Kwong has 
been unemployed since arriving in the United States on June 06, 
1995. She is also the sole beneficiary of this Private Bill.
    Mrs. Kwong receives a Social Security benefit of $931 per 
month. She also receives $743.74 per month from a Delta 
Airlines Death benefit. Her son also receives a Social Security 
benefit of $931 per month.
    Mrs. Kwong was inspected and admitted into the United 
States on June 06, 1995 at Portland, Oregon as a visitor. On 
September 23, 1995 the beneficiary married United States 
citizen Jimmy Lee Kwong. An I-130, petition for alien relative 
and an I-485, application to register permanent residence or 
adjust status were completed on March 27, 1996. A permament 
residence interview was scheduled between INS and the couple 
for August 15, 1996. On June 14, 1996 Jimmy Lee Kwong was 
killed in an automobile accident. The petitions filed by the 
Kwongs had not been adjudicated nor approved.
    Mrs. Kwong has not departed the United States since her 
arrival in June 1995. There is no immigration benefit available 
to her in relation to her education and work experience. Title 
8 Code of Federal Regulations, part 205.1(a)(3) does not 
provide any relief until the petition has been adjudicated and 
approved. There had been no action taken on the petition of the 
beneficiary at the time of her husband's death. Section 204 
provides for the self petitioning by the spouses of deceased 
United States citizens. However, that provision requires that 
the beneficiary and the U.S. Citizen spouse be married for two 
(2) years before the petition may be approved.
    Responses to national agency checks were negative.

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