[House Report 106-956]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-956

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



 
     FOR THE RELIEF OF MARINA KHALINA AND HER SON, ALBERT MIFTAKHOV

                                _______
                                

 October 11, 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. 150]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (S. 150) for the relief of Marina Khalina and her son, 
Albert Miftakhov, 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..................           2
Constitutional Authority Statement.........................           3
Agency Views...............................................           3

                          Purpose and Summary

    S. 150 would allow Marina Khalina and her son, Albert 
Miftakhov, to adjust to permanent resident status.

                Background and Need for the Legislation

    Marina Khalina and her son, Albert Miftakhov came to the 
United States from Russia on B-2 visas in October 1989 at the 
invitation of a doctor from Salem, Oregon to receive medical 
attention for Albert's severe cerebral palsy. Expenses for that 
medical treatment over the years has been donated by the 
Shriner's Hospital in Portland, Oregon. After several 
extensions of their visas, Marina married a U.S. citizen in 
September 1991 who filed for her adjustment of status. 
Unfortunately, her husband found himself unable to cope with 
taking care of a handicapped child and ended the marriage prior 
to INS adjudicating Marina's adjustment of status. In December 
1992, the INS prepared an Order to Show Cause alleging that 
Marina and Albert had overstayed their B-2 visas and granted 
them voluntary departure which was subsequently extended many 
times due to Albert's condition. Due to changes in the law, the 
district director eventually concluded that no more extensions 
could be provided. At that point, Senator Wyden began 
introducing private legislation on their behalf to stay their 
deportation so that Albert could continue to receive the 
medical care here that he cannot obtain in Russia.
    Marina has continually worked when authorized and has 
provided complete support for her and her son as well as paid 
for all his medical costs not covered by the Shriner's Hospital 
for the last 11 years. Albert has lived in the U.S. since the 
age of 7, is a excellent student, and has fully assimilated to 
this country. Further, he will require additional surgeries 
that would be unattainable for him in Russia.

                        Committee Consideration

    On October 11, 2000, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill S. 150 
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. 150. That Congressional Budget Office cost 
estimate follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 11, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed 11 private relief acts, which were ordered reported by 
the House Committee on the Judiciary on October 11, 2000. CBO 
estimates that their enactment would have no significant impact 
on the federal budget. These acts 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 act 
reviewed is:

         LS. 150, an act for the relief of Marina 
        Khalina and her son, Albert Mifakhov;

    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. 150 are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                   Washington, DC, October 1, 1999.
Hon. Orrin Hatch, Chairman,
Committee on the Judiciary,
United States Senate, Washington, DC.
    Dear Mr. Chairman: In response to your request for a report 
relative to S. 150, for the relief of Marina Khalina and her 
son, Albert Miftakhov, there is enclosed a memorandum of 
information concerning the beneficiaries. The beneficiaries 
were also beneficiaries of S. 1011 of the 105th Congress.
    The bill would grant the beneficiaries permanent residence 
in the United States as of the date of the enactment of the 
Immigration and Nationality Act upon payment of the required 
visa fees. It would also direct visa number deductions be made.
    Absent enactment of the bill, the beneficiaries appear to 
be ineligible for permanent residence in the United States.
            Sincerely,
                                       FOR THE COMMISSIONER
                                  Allen Erenbaum, Director,
                                   Congressional Relations.

Enclosure

cc:
        Department of State, Visa Office
        Western Regional Office
        District Director--Portland, Oregon

 Memorandum of information from immigration and naturalization service 
                            files re: S.150

    The beneficiary, Marina Khalina and her son, Albert (Alec) 
(Alex) Miftakhov, are natives and citizens of Russia. They 
currently reside in Portland, Oregon. The beneficiary, Marina 
Anatolievna Khalina was born on April 10, 1961, in 
Magnitogorsk, Russia (formerly the Union of Soviet Socialist 
Republic). Albert Faritovich Miftakhov was born on July 2, 
1981, in Magnitogorsk, Russia (formerly the Union of Soviet 
Socialist Republic). Albert's father is Farit Izakovich 
Miftakhov, a citizen of Russia, who received an annulment of 
marriage from the beneficiary, Marina Khalina, on May 27, 1987.
    Ms. Khalina was employed as a Case Manager II, for the 
Multnomak County Aging and Disability Services in Portland, 
Oregon. Her employment was terminated with the expiration of 
her Employment Authorization Document on July 9, 1997. Ms. 
Khalina is currently employed by East County Senior Services in 
Gresham, Oregon. The beneficiary advised that she have the 
Russian equivalent to a bachelor's degree in education with 
specialization in Russian language and literature. Albert is 
currently enrolled as a correspondence student in the Aim High 
School in Portland, Oregon.
    The beneficiary, Ms. Khalina, advised that she have no 
close family relationships except her parents who reside in 
Russia. Ms. Khalina was married to Roland Marty, a United 
States citizen, on May 25, 1991, and an Application for 
Adjustment of Status was filed on her behalf on September 12, 
1991. The application was denied on June 29, 1992, as a result 
of the application being withdrawn. This marriage ended in 
divorce on July 29, 1995.
    The beneficiaries entered the United States through New 
York City on October 9, 1989. They were admitted as visitors. 
Ms. Khalina states that they entered the United States at the 
invitation of a medical doctor from Salem, Oregon. Her son is 
diagnosed with cerebral palsy with spastic diplegia. They were 
granted regular extensions of the B-2 visas to April 8, 1992, 
while Albert received multiple surgical interventions. After 
the denial of an application for adjustment of status, 
deportation proceedings were initiated. On October 5, 1993, the 
beneficiaries were granted voluntary departure valid until 
April 4, 1994, with an alternate order of deportation. This 
voluntary departure could be extended at the discretion of the 
District Director. A motion to reopen deportation proceedings 
was denied on October 16, 1996, and an appeal is currently 
pending. Ms. Khalina states that her son is expected to 
continue medical treatment for his condition until his body 
reaches maturity at eighteen to twenty-one years of age. His 
medical treatment has been donated and paid for by the 
Shriner's Hospital in Portland, Oregon.
    National agency checks were not requested pursuant to O.I. 
105.1(g).

                                
