[House Report 112-617]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-617

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



 
                    FOR THE RELIEF OF BARTOSZ KUMOR

                                _______
                                

  July 24, 2012.--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. 1857]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1857) for the relief of Bartosz Kumor, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     1
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     3
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4

                          Purpose and Summary

    The bill grants permanent resident status to Bartosz Kumor.

                Background and Need for the Legislation

    Bartosz ``Bart'' Kumor was born in Poland in 1984. Bart's 
parents separated, leaving his mother as his sole provider. As 
she earned very little money, she found it very difficult to 
provide for her son. Bart's mother sent him (on a visitor's 
visa) to live with his uncle, Jerzy Wydmuch, in the United 
States in 1993 at the age of nine. In 1994, Bart obtained a 
student visa and began to attend school. The following year, 
Mr. Wydmuch became Bart's legally appointed guardian.
    Around this time, Mr. Wydmuch, a United States citizen, 
consulted with an attorney to begin the adoption process. 
Initially, the attorney with whom Mr. Wydmuch consulted delayed 
the process based upon his busy trial schedule. The attorney 
also lacked knowledge of the requirements of immigration law 
that an adoption be completed by the age of 16 for a child to 
be eligible for permanent residence as an immediate relative of 
a U.S. citizen. It also took some time to obtain the formal 
consent of Bart's mother in Poland. The adoption process was 
completed in 2001, when Bart was 17 years of age.
    Bart obtained an undergraduate degree from the University 
of Michigan and a law degree from Wayne State Law School. He 
was in lawful status throughout most of his presence in the 
U.S., first as a visitor visa, then as a foreign student and 
most recently on optional practical training, but fell out of 
status last year.
    H.R. 1857 grants Mr. Kumor permanent residence.
    There is much precedent for private bills that involve 
adoptions that were initiated, but not completed, by the alien 
child's 16th birthday, as required by immigration law.\1\
---------------------------------------------------------------------------
    \1\See, e.g., Priv. L. No. 108-1 (H.R. Rep. No. 108-532), Priv. L. 
No. 108-6 (H.R. Rep. No.108-529), Priv. L. No. 107-6 (H.R. Rep. No. 
107-729), Priv. L. No. 106-7 (H.R. Rep. No. 106-906) & Priv. L. No. 
105-5 (H.R. Rep. 105-125).
---------------------------------------------------------------------------
    On October 5, 2011, the Immigration Subcommittee voted to 
request an ICE report on Mr. Kumor. On May 3, 2012, ICE 
provided the report. It revealed no derogatory information.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
1857.

                        Committee Consideration

    On June 28, 2012, the Committee met in open session and 
ordered the bill H.R. 1857 favorably reported without 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 1857.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises 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.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives 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. 1857, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 5, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed the following legislation ordered reported by the 
House Committee on the Judiciary on June 28, 2012:

         LH.R. 823, a bill for the relief of Maria 
        Carmen Castro Ramirez and J. Refugio Carreno Rojas;

         LH.R. 824, a bill for the relief of Daniel 
        Wachira;

         LH.R. 316, a bill for the relief of Esther 
        Karinge;

         LH.R. 794, a bill for the relief of Allan 
        Bolor Kelley;

         LH.R. 357, a bill for the relief of Corina de 
        Chalup Turcinovic; and

         LH.R. 1857, a bill for the relief of Bartosz 
        Kumor.

    Those bills would make certain individuals eligible for 
permanent U.S. residence and could have a very small effect on 
fees collected by the Department of Homeland Security and thus 
would affect direct spending. Therefore, pay-as-you-go 
procedures apply. CBO estimates, however, that enacting those 
pieces of legislation would not have a significant impact on 
the federal budget.
    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,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1857 grants permanent residence to Bartosz Kumor.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1857 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
Sec. 1. Permanent Resident Status for Bartosz Kumor.
    Subsection (a) provides that Bartosz Kumor 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 the Immigration and 
Nationality Act (INA) or for adjustment of status to lawful 
permanent resident.
    Subsection (b) provides that if Mr. Kumor enters the United 
States before the filing deadline specified in subsection (c), 
he 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 INA.
    Subsection (c) provides that 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.
    Subsection (d) provides that upon the granting of an 
immigrant visa or permanent residence to Mr. Kumor 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 his birth under section 203(a) of the 
INA or, if applicable, the total number of immigrant visas that 
are made available to natives of the country of his birth under 
section 202(e) of the INA.
    Subsection (e) provides that the natural parents, brothers, 
and sisters of Mr. Kumor shall not, by virtue of such 
relationship, be accorded any right, privilege, or status under 
the INA.

                                  
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