[House Report 106-906]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-906

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



 
               FOR THE RELIEF OF KERANTHA POOLE-CHRISTIAN

                                _______
                                

  September 27, 2000.--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 S. 302]

      [Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill 
(S. 302) for the relief of Kerantha Poole-Christian, 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..........................     1
Committee Consideration..........................................     2
Committee Oversight Findings.....................................     2
Committee on Government Reform Findings..........................     2
New Budget Authority and Tax Expenditures........................     2
Congressional Budget Office Cost Estimate........................     3
Constitutional Authority Statement...............................     3
Agency Views.....................................................     3

                          Purpose and Summary

    This legislation would classify the beneficiary as a child 
for purposes of approval of a relative visa petition filed by 
her adoptive parent and the filing of an application for an 
immigrant visa or adjustment of status.

                Background and Need for the Legislation

    Kerantha Poole-Christian was born in Jamaica in April 1978. 
Kerantha is now 22 years old and came to the U.S. with her 
mother when she was six. Her mother, a domestic worker, 
maintained residence at the home of the Christians and left 
Kerantha in the care of the Christians while she worked 
elsewhere. In 1991, when Kerantha was 12, her mother returned 
to Jamaica for an immigrant visa interview to qualify for 
permanent residence status without taking her daughter with 
her. At that time, the mother was refused the visa and not 
allowed to return to the U.S.
    Three years later the mother died suddenly. According to 
documents submitted by Senator Torrecelli's office, in April 
1992, when Kerantha's age was 14, both of her natural parents 
requested that the Christians adopt Kerantha. Additionally, a 
letter was submitted to the subcommittee dated September 25, 
1993, from the mother to Kerantha expressing her happiness that 
the Christians were adopting her when Kerantha's was 15. 
Documents show that the Christians contacted an attorney to 
prepare necessary documents for adoption in October 1993. 
However, the adoption was not finalized until after Kerantha's 
16th birthday.
    In order for an adoptee to lawfully immigrate to the United 
States, the immigration law requires an adoption to have 
occurred prior to the age of 16. Because Kerantha's adoption 
was not completed until her 17th birthday, she would need a 
private bill in order to gain permanent residence.
    The precedent concerning adoption cases is well-
established. Precedent dictates that in order for favorable 
consideration of a private bill that allows an adoption to be 
considered legitimate for immigration purposes, the adoption 
needs to have been finalized and must have been initiated prior 
to the child's turning 16.
    It is clear from the documentation provided that the 
Christians were actively proceeding with the adoption prior to 
Kerantha's 16th birthday.

                        Committee Consideration

    On September 26, 2000, the Committee on the Judiciary met 
in open session and ordered reported favorably the bill S. 302 
without 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 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 3(d)(2) of rule XIII of the Rules 
of the House of Representatives, the committee believes that 
the bill would have no significant impact on the Federal 
budget. This is based on the Congressional Budget Office cost 
estimate on S. 302. That Congressional Budget Office cost 
estimate follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 26, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 5266 and S. 302, which were ordered reported by 
the House Committee on the Judiciary on September 26, 2000. CBO 
estimates that their enactment would have no significant impact 
on the federal budget. H.R. 5266 and S. 302 could have a very 
small effect on fees collected by the Immigration and 
Naturalization Service and on benefits paid under certain 
federal entitlement programs. Because these fees and 
expenditures are classified as direct spending, pay-as-you-go 
procedures would apply. The two pieces of legislation reviewed 
are:
         LH.R. 5266, a bill for the relief of Saeed 
        Rezai; and
         LS. 302, an act for the relief of Kerantha 
        Poole-Christian.
    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. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.
            Sincerely,
                                  Dan L. Crippen, Director.

cc:
        Honorable John Conyers Jr.
        Ranking Democratic Member

                   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 8, Clause 4 of the 
Constitution.

                              Agency Views

    The comments of the Immigration and Naturalization Service 
on S. 302 are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                  Washington, DC, October 27, 1999.
Hon. Orrin Hatch, Chairman,
Committee on the Judiciary,
United States Senate, Washington, DC.
    Dear Mr. Chairman: In response to your request to a report 
relative to S. 302 (S. 1551 105th Congress), for the relief of 
Kerantha Poole-Christian, enclosed is a memorandum of 
information concerning the beneficiary.
    The bill would grant the beneficiary classification as a 
child within the means of Section 101(b)(1)(E), of the 
Immigration and Nationality Act (INA), upon approval of a 
petition filed on her behalf by Clifton and/or Linette 
Christian, citizens of the United States, pursuant to section 
204, INA.
            Sincerely,
                                  Allen Erenbaum, Director,
                         Office of Congressional Relations.

cc:
        Department of State, Visa Office
        Attn: Private Bill Staff

        District Director--Washington, DC
        Attn: Investigations--Norfolk, VA, Robert Brown

 MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE 
                             FILE RE: S.302

    The beneficiary, Kerantha Nicole Poole-Christian, a native 
and citizen of Jamaica, was born on April 13, 1978, in 
Kingston, Jamaica. Kerantha is a student at the University of 
Richmond in Richmond, Virginia, and resides with one roommate 
at 6840 Carneigie Drive. She claims to be unemployed and 
supports herself while attending college through scholarships, 
grants, school loans, and assistance from her adoptive parents.
    The beneficiary was admitted to the United States as a 
visitor for pleasure on July 11, 1985, at New York, New York 
with authorization to remain in the United States for a 
temporary period not to exceed January 10, 1986. While in the 
United States, the beneficiary resided with the interested 
parties, Clifton and Linette Christian, both natives of Jamaica 
and naturalized citizens of the United States, while her mother 
was employed as a live-in domestic servant. In 1991, Kerantha's 
birth mother returned to Jamaica, in hopes of receiving Lawful 
Permanent Resident (LPR) status from a petition filed by her 
employer, and passed away, leaving Kerantha in the United 
States with the interested parties.
    With the permission of Kerantha's surviving birth father, 
the interested parties instituted adoption proceedings for 
Kerantha. Official adoption was finalized on September 9, 1994, 
several months after her 16th birthday, which under Section 
101(b)(1)(E), INA, makes Kerantha ineligible to derive LPR 
status because of her age. She is subject to removal 
proceedings from the United States as a person who has remained 
in the United States for a time longer than authorized.
    One prior entry on July 6, 1983, at New York, New York as a 
visitor for pleasure was found for the beneficiary with a 
departure date from the United States on August 5, 1983. 
However, the beneficiary stated that she made several entries 
into the United States with her family as visitors prior to her 
arrival here on July 11, 1985.
    The CIA check for the beneficiary is negative however, the 
FBI check has not been received at this time. The sub-committee 
will be informed of these results once they are received.

                                  
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