[House Report 106-960]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-960

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



 
                  FOR THE RELIEF OF MINA VAHEDI NOTASH

                                _______
                                

 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. 869]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (S. 869) for the relief of Mina Vahedi Notash, 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. 869 would allow Mina Vahedi Notash to adjust to 
permanent resident status.

                Background and Need for the Legislation

    Mina Vahedi Notash was illegally brought into the United 
States by her former U.S. citizen husband. The husband did not 
apply for any immigration benefits on her behalf. They were 
married for 7 years. During that time, the husband physically 
and verbally abused Ms. Notash on a regular basis. At one 
point, during her first pregnancy, the physical abuse left her 
with a permanent scar on her forehead. Her husband threatened 
to have her immediately deported if she told anyone of the 
abuse. Fearful of never seeing her children again, she never 
contacted the police. After the birth of their two children, 
the husband told her he was ready to petition for her legal 
status, but that she had to return to Iran in order for him to 
do so. After she arrived in Iran, the husband divorced her 
under Iranian law (which meant she could not dispute the 
divorce nor challenge any child custody issues).
    Ms. Notash stayed in Iran from 1994 until 1999 when she re-
entered the United States on a fiancee visa. However, when her 
fiancee learned that she wished to pursue custody of her 
children, he called off the wedding. Ms. Notash's ex-husband 
refuses to allow her any access to their children. Based on the 
abuse she received from the husband, she fears that the 
children are suffering similar abuse. Without passage of this 
legislation, Ms. Notash will be sent back to Iran, cannot fight 
for custodial rights to her children, and may never see them 
again.

                        Committee Consideration

    On October 11, 2000, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill S. 869 
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. 869. 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. 869, an act for the relief of Mina Vahedi 
        Notash;

    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. 869 are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                 Washington, DC, February 15, 2000.
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. 869, for the relief of Mina Vahedi Notash, there 
is attached a memorandum of information concerning the 
beneficiary.
    The bill would grant the beneficiary eligibility for 
issuance of an immigration visa or for adjustment of status to 
that of an alien lawfully admitted for permanent residence upon 
filing an application for issuance of an immigration visa under 
section 204 of the Immigration and Nationality Act or for 
adjustment of status to lawful permanent residence. The bill 
would also direct the proper visa number deduction.
            Sincerely,
                            Gerri Ratliff, Acting Director,
                                   Congressional Relations.

Enclosure

cc:
        Department of State, Visa Office
        District Director--Los Angeles, CA
        Attn: Private Bill Staff
        District Director Los Angeles, CA--Investigations--Mike 
        Gatti

 Memorandum of information from immigration and naturalization service 
                            files re: S. 869

    The beneficiary, Mina Vahedi-Notash, A75 963 228, a native 
and citizen of Iran, was born on April 26, 1967, in Tehran, 
Iran. Ms. Notash currently resides at 6651 Warner Ave., 
Apartment 65, Huntington Beach, California.
    Ms. Notash was interviewed by Immigration and 
Naturalization Service (INS) Special Agents on November 1, 
1999. That interview revealed that her former United States 
citizen husband illegally brought Ms. Notash into the United 
States. The husband refused to apply for immigration benefits 
for her. During their 7-year marriage, he physically and 
verbally assaulted her, including an incident during her first 
pregnancy which left a visible scar on her forehead. Fearful of 
her husband and the belief that she would be immediately 
deported from this country--away from her children--she never 
called the police. After bearing two United States citizen 
children in 1989 and 1991, her husband directed her to return 
to Iran so that he could legally petition the INS for her visa. 
After arriving in Iran, Ms. Notash received divorce from the 
husband. This divorce was according to Iranian laws, which left 
Ms. Notash with no recourse to dispute the divorce or challenge 
any child custody issues.
    Ms. Notash remained in Iran from 1994 through 1999. Ms. 
Notash re-entered the United States on a valid fiancee visa (K-
1). When the potential husband discovered that the beneficiary 
wanted to obtain custody of her children, he objected and the 
marriage never took place.
    Ms. Notash is currently in the United States as an overstay 
of her K-1 visa.
    A neighborhood check, a national criminal history 
background check, and a personal interview were conducted. No 
derogatory information was discovered.

                                  
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