[House Report 106-965]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-965
======================================================================
FOR THE RELIEF OF MALIA MILLER
_______
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. 2019]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (S. 2019) for the relief of Malia Miller, 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. 2019 would allow Malia Mako Miller to adjust to
permanent resident status.
Background and Need for the Legislation
Malia Mako Miller is originally from Tonga. She moved to
American Samoa in 1980 with her family. She met her husband,
Todd Miller in 1995 while he was working as a marine
electronics engineer in American Samoa. The couple came to the
United States in 1996 so Malia could meet Mr. Miller's parents.
In April 1997, the couple had a son, Nicholas Miller, in
Prescott, Arizona. They married in July 1997. Shortly after
their marriage, Mr. Miller went back to American Samoa to
temporarily work while Malia stayed in the United States to
care for their son. In January 1998, they filed the documents
to adjust Malia's status. Mr. Miller then returned to American
Samoa on business. While in American Samoa, Mr. Miller was
killed in a helicopter crash. The couple never had an
opportunity to be scheduled for the interview on Malia's
petition for conditional permanent residence.
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 had been approved prior to the death. The
interview for approval of Mrs. Miller's petition for
conditional permanent residence had not been scheduled before
her husband's death. 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.
By all accounts this was a legitimate marriage, and it is
through no fault of her own that Mrs. Miller 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. Miller, there is the
additional factor of an American citizen child.
Committee Consideration
On October 11, 2000, the Committee on the Judiciary met in
open session and ordered reported favorably the bill S. 2019
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. 2019. 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. 2019, an act for the relief of Malia
Miller; and
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. 2019 are as follows:
U.S. Department of Justice,
Immigration and Naturalization Service,
Washington, DC, May 31, 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. 2019, for the relief of Malia Miller, there is
enclosed a memorandum of information concerning the
beneficiary.
The bill would grant the beneficiary eligibility 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 the Immigration and Nationality Act or for
adjustment of status to lawful permanent resident. The bill
would also direct the proper visa number deduction of immigrant
visas available to natives of the beneficiary's country of
birth.
Sincerely,
Gerri L. Ratliff, Acting Director,
Congressional Relations.
Enclosure
cc:
Department of State, Visa Office
District Director--PHO--FYI
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE
RECORDS RE: S. 2019
The beneficiary, Maria Miller, whose full name is Malia
Mako Miller, A77 139 427, a native and citizen of Tonga was
born on December 29, 1968. Mr. Miller currently resides at 7901
Siesta Lane, Prescott Valley, Arizona with her United States
Citizen son, Nicolar Miller.
On June 29, 1996, Ms. Miller was admitted into the United
States at Hawaii as a B-2 Visitor for Pleasure. On June 16,
1997, Ms. Miller married Mr. Todd Miller, a United States
Citizen in Prescott, Arizona.
On June 15, 1998, Mr. Todd Miller was killed in a
helicopter crash while employed by the Star Kist Tuna company
in Samoa. Ms. Miller was residing in the United States at the
time of her husband's death. Form I-130, Petition for Alien
Relative, listing Ms. Miller as the beneficiary, and Form I-
485. Application to Adjust Status, had not been approved.
Title 8, Code of Federal Regulations (CFR), Part 205.1,
states that the Attorney General, in his/her discretion may
determine that for humanitarian reasons the approved petition
should not be revoked. However, the regulations provide for
humanitarian consideration only when the For I-130 has been
previously approved. In the case of Ms. Miller, the Form I-130
was filed with the Form I-485 and was still pending
adjudication at the time of Mr. Miller's death
Title 8, CFR, Part 204.2(b), also provides for the self-
petitioning of the widow of a United States Citizen. However,
this requires that the self-petitioner prove that he/she was
married to the United States Citizen for at least 2 years. The
record indicates that Mr. and Ms. Miller were married for less
than 2 years.
On June 25, 1998, Ms. Miller was granted humanitarian
parole for the purpose of allowing her to leave the United
States in order to make arrangements for her husband's funeral.
The parole also allowed her to return to the United States to
settle her affairs. The term of parole expired on June 25,
1999.
On October 8, 1999, Ms. Miller's Form I-130 and Form I-485
were denied.
On October 8, 1999, Form I-131, Application for Travel
Document, requesting humanitarian parole for Ms. Miller was
filed by the attorney of record
On December 7, 1999, Ms. Miller was notified that her Form
I-131 was denied.
On February 4, 2000, Ms. Miller filed Form I-131 for
advance parole for the purpose of pursuing a private bill that
was submitted by Senator John Kyl on January 31, 2000. The Form
I-131 was subsequently granted and the term of parole was
granted until February 1, 2001.
The relationship between Mr. Miller and Ms. Miller resulted
in the birth of their only child, Nicolas Miller, born in
Prescott, Arizona on April 29, 1997. Nicolas Miller is the only
grandchild of Mr. Miller's parents.
The Immigration and Naturalization Service Investigator's
Handbook, section 4-7.2, under GENERAL INFORMATION, states
that, ``As specifically relates to this chapter, the private
bill is introduced in Congress to provide a benefit for, or
provide for exemptions from the provisions of law for,
individual persons who have been adversely affected by some
provision of the Immigration and Nationality Act.'' This
investigation did not reveal where Ms. Miller would be
adversely affected.
Ms. Miller has established a life for herself and her child
within their community. They are living in personal property
that is free from any liens and Ms. Miller is currently
attending college. It should be noted that Ms. Miller purchased
the residential property during a period in which she (Ms.
Miller) knew that her status in the United States was
unresolved. Ms. Miller also owns two vehicles and other
personal property.
The investigation also indicates that 2-year old Nicolas
Miller would be adversely affected if he were raised in a
foreign country. The breaking of the common bond that has been
created between the child, his paternal grandparents, and other
members of the community will be a hardship on Nicolas Miller.
The paternal grandparents would also be affected in that they
would be separated from their only grandchild.
Records indicate that Ms. Miller is currently unemployed.
However, she receives an annuity of about $3,000 monthly that
she will receive for life as a result of her late husband's
death.
A check of the National Crime Information Center system,
and also fingerprint checks for the beneficiary were conducted
with negative results.