[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).