[House Report 112-621]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-621

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



 
             FOR THE RELIEF OF CORINA DE CHALUP TURCINOVIC

                                _______
                                

  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. 357]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 357) for the relief of Corina de Chalup Turcinovic, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

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

                          Purpose and Summary

    The bill grants permanent resident status to Corina de 
Chalup Turcinovic.

                Background and Need for the Legislation

    Corina Turcinovic was born in France in 1964. She entered 
the United States through the visa waiver program in 1990 after 
receiving news that her then-fiance, Marin Turcinovic, had been 
struck in New Jersey by a car driven by a drunk driver. Marin's 
spinal cord was severely damaged in the accident. He was left 
with total quadriplegia when his doctors failed to correctly 
diagnose the extent of his injuries, including broken vertebrae 
in his neck. Marin would later win a large settlement in a 
medical malpractice suit. His injuries left him completely 
dependent on Corina for care. He was dependent on a ventilator 
to breathe and he required 24-hour medical care.
    Two months after her entry into the country, Corina filed 
an application for an extension of her temporary stay. INS 
denied the application because extensions of stay were not 
allowed under the visa waiver program. However, INS granted her 
a stay of deportation on humanitarian grounds to allow Corina 
to stay in the U.S. to care for Marin in their home. Such stays 
of deportation were renewed on an annual basis for the next 10 
years.
    In 1996, Marin and Corina were married. In 1998, Marin 
became a lawful permanent resident. He then filed a petition 
for permanent residence for Corina. It was approved and she was 
placed on the waiting list for green cards for spouses of 
permanent residents.
    In 2003, Marin filed for naturalization (which, once 
granted, would allow Corina as the spouse of a citizen to 
immediately apply for adjustment of status to conditional 
permanent residence). While a medical certification of 
disability made clear that Marin could not physically appear at 
the U.S. Citizenship and Immigration Services (``USCIS'') 
office, Marin nonetheless received a fingerprint appointment 
notice about 2 weeks later. Marin's attorney contacted USCIS 
and the agency responded that an officer would visit Marin at 
his home to further process his application. However, Marin 
then received notice that his naturalization application had 
been denied due to abandonment because of his failure to appear 
for fingerprinting. Marin's attorney again contacted USCIS and 
filed a motion to reopen Marin's application. The motion was 
granted on March 8, 2004. However, Marin received another 
fingerprint appointment notice and died shortly later.
    H.R. 357 grants Ms. Turcinovic permanent residence.
    The case certainly seems unique in that an alien who had 
come to the U.S. legally was allowed by the Federal Government 
to stay here for many years to care for her legal immigrant 
spouse. While that care is no longer needed following the death 
of Marin, Corina would suffer hardship in having to return to 
France after all these years in the U.S.
    In a broader sense, there is precedent for the private 
bill. First, Corina would have already been a conditional 
permanent resident by the time of her husband's death if not 
for USCIS error. Congress has enacted private bills in cases of 
aliens who would have received permanent residence but for a 
mistake by the Federal immigration agency.\1\ Second, Congress 
has enacted private bills when alien spouses of American 
citizens lost the right to receive permanent residence because 
of the death of the American citizens before the approval of 
the petitions for conditional permanent residence (usually, but 
not always, when there was a U.S. citizen child involved).\2\
---------------------------------------------------------------------------
    \1\See, e.g., Priv. L. No. 106-4 (H.R. Rep. No. 106-364) & Priv. L. 
No. 106-12 (H.R. Rep. No. 106-892).
    \2\See, e.g., Priv. L No. 107-5 (H.R. Rep. No. 107-579), Priv. L. 
No. 106-3 (H.R. Rep. No. 106-178), Priv. L. No. 106-23 (H.R. Rep. No. 
106-965), Priv. L. No. 105-7 (H.R. Rep. No. 105-689) & Priv. L. No.105-
8 (H.R. Rep. No. 105-690).
---------------------------------------------------------------------------
    In the 110th Congress, the Immigration Subcommittee 
requested an ICE report on Ms. Turcinovic, and ICE provided the 
Subcommittee with a report which contained no derogatory 
information. On February 13, 2008, the Subcommittee ordered 
H.R. 5030 (providing relief to Ms. Turcinovic) favorably 
reported by voice vote. On May 14, 2008, the Committee ordered 
the bill favorably reported by voice vote. On September 16, 
2008, the bill passed the House by a voice vote. In the 111th 
Congress, the Subcommittee requested an ICE report and ICE 
provided a report which contained no derogatory information. On 
March 10, 2011, the Subcommittee again voted to request a 
report. On January 31, 2012, ICE provided the report. It 
revealed no derogatory information.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
357.

                        Committee Consideration

    On June 28, 2012, the Committee met in open session and 
ordered the bill H.R. 357 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. 357.

                      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. 357, 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. 
357 grants permanent resident status to Corina de Chalup 
Turcinovic.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 357 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

Sec. 1. Permanent Resident Status for Corina de Chalup Turcinovic.
    Subsection (a) provides that Corina de Chalup Turcinovic 
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 Corina de Chalup Turcinovic 
enters the United States before the filing deadline specified 
in subsection (c), she 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 Corina de Chalup 
Turcinovic, 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 her 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 her birth under section 202(e) of the INA.
    Subsection (e) provides that the natural parents, brothers, 
and sisters of Corina de Chalup Turcinovic shall not, by virtue 
of such relationship, be accorded any right, privilege, or 
status under the INA.

                                  
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