107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–729

FOR THE RELIEF OF SO HYUN JUN

OCTOBER 8, 2002.—Referred to the Private Calendar and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 3758] 

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 3758) for the relief of So Hyun Jun, 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 ................................................................................................................... 2

Committee Consideration ........................................................................................ 2

Vote of the Committee ............................................................................................. 2

Committee Oversight Findings ............................................................................... 2

Performance Goals and Objectives ......................................................................... 3

New Budget Authority and Tax Expenditures ...................................................... 3

Congressional Budget Office Cost Estimate .......................................................... 3

Constitutional Authority Statement ...................................................................... 3

Section-by-Section Analysis and Discussion .......................................................... 4

Agency Views ........................................................................................................... 4

Markup Transcript .................................................................................................. 7

PURPOSE AND SUMMARY

H.R. 3758 would allow So Hyun Jun to become a permanent resident of the United States. 

BACKGROUND AND NEED FOR THE LEGISLATION

So Hyun Jun is a 17 year old from South Korea. So Hyun Jun’s 

mother was permanently injured in a car accident in 1995 and was 

unable to provide care for So Hyun Jun. So Hyun Jun’s father, who 

had a history of alcohol dependency, had also been both physically 

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and mentally abusive to So Hyun Jun. Due to the abuse, So Hyun 

Jun’s social and educational development had been severely impeded. Her aunt and uncle, John and Ok Sun Thornton, and Hyun 

Jun’s mother agreed that the best thing for the child would be for 

the Thornton’s to adopt her. The Thortons began their attempt to 

adopt the child. However, their efforts were thwarted for several 

years because So Hyun Jun’s father disappeared and they could not 

proceed without his consent. 

In February 2000, So Hyun Jun first came to the United States 

to live with her aunt and uncle. In August 2000, formal adoption 

proceedings began after all the necessary documents had been collected and both So Hyun Jun’s natural parents had officially relinquished their parental rights. The adoption was finalized on March 

6, 2001. Unfortunately, that finalization date fell almost 6 months 

after So Hyun Jun’s 16th birthday. 

In order for an adoptee to lawfully immigrate to the United 

States, the immigration law requires an adoption to have occurred 

prior to the age of 16. Because So Hyun Jun’s adoption was not 

completed until after her 16th birthday, she would need a private 

bill in order to gain permanent residence. 

The precedent concerning adoption cases is well-established. 

Precedent dictates that in order for favorable consideration of a private bill that allows an adoption to be considered legitimate for immigration purposes, the adoption must have been initiated prior to 

the child’s turning 16 and must be finalized. 

It is clear from the documentation provided to the Subcommittee 

on Immigration, Border Security and Claims that the Thornton’s 

were actively proceeding with the adoption prior to So Hyun Jun’s 

16th birthday. 

HEARINGS

There were no hearings held on H.R. 3758. 

COMMITTEE CONSIDERATION

On September 25, 2001, the Subcommittee on Immigration, Border Security and Claims met in open session and ordered favorably 

reported the bill H.R. 3758, by voice vote a quorum being present. 

On October 2, 2002, the Committee on the Judiciary met in open 

session and ordered reported favorably the bill H.R. 3758 without 

amendment by voice vote, a quorum being present. 

VOTES OF THE COMMITTEE

There were no recorded votes taken on H.R. 3758. 

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. 

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PERFORMANCE GOALS AND OBJECTIVES

H.R. 3758 allows the beneficiary to become a permanent resident 

of the United States. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House rule XIII 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. 3758, 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, October 3, 2002. 

Hon. F. JAMES SENSENBRENNER, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3758, a bill for the relief 

of So Hyun Jun. 

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, 

DAN L. CRIPPEN, Director.

Enclosure

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 3758—A bill for the relief of So Hyun Jun. 

H.R. 3758 would classify So Hyun Jun as a child for purposes of 

obtaining permanent resident status under the Immigration and 

Nationality Act. That classification would make it easier for her to 

obtain an immigrant visa. CBO estimates that enacting this legislation would have no significant impact on the Federal budget. 

H.R. 3758 could have a very small effect on fees collected by the 

Immigration and Naturalization Service. Such fees are classified as 

direct spending. 

The CBO staff contact for this estimate is Mark Grabowicz, who 

can be reached at 226–2860. This estimate was approved by Peter 

H. Fontaine, Deputy Assistant Director for Budget Analysis. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII 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. 

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SECTION-BY-SECTION ANALYSIS AND DISCUSSION

SECTION 1. IMMEDIATE RELATIVE STATUS FOR SO HYUN JUN

Section 1(a) states that So Hyun Jun is to be classified as a child 

under the immigration law in reference to approval of a relative petition filed by her adoptive parent and a filing for adjustment of 

her status. 

Section 1(b) states that if So Hyun Jun enters the United States 

before the 2 year deadline under the bill, she will be considered to 

have entered legally and be eligible to adjust her status under section 245 of the immigration law on the date of enactment. 

Section 1(c) states that subsections (a) and (b) will only apply if 

the application for an immigrant visa or adjustment of status is 

filed with appropriate fees within 2 years of the date of enactment. 

Section 1(d) indicates that once the beneficiary receives either an 

immigrant visa or permanent residence, the Secretary of State is 

required to reduce by 1 the number of immigrant visas that year 

or the next of the country of the beneficiary’s birth. 

Section 1(e) indicates that the natural parents, brothers, and sisters of So Hyun Jun will not have any right, privilege or status 

under the immigration law because of their relationship with So 

Hyun Jun. 

SECTION 2. ELIGIBILITY FOR CITIZENSHIP

Section 2 states that for purposes of the Child Citizenship Act of 

2000, So Hyun Jun shall be considered an adopted child under the 

immigration law. 

AGENCY VIEWS

The comments of the Immigration and Naturalization Service on 

H.R. 3758 are as follows:

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MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, OCTOBER 2, 2002

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:57 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr. [Chairman of the Committee] presiding. 

Chairman SENSENBRENNER. The Committee will be in order. A 

working quorum is present. 

The first item on the agenda will be H.R. 3758, a private bill for 

the relief of So Hyun Jun. 

[The bill, H.R. 3758, follows:]

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I3758A.eps
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I3758B.eps
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I3758C.eps
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Chairman SENSENBRENNER. The Chair recognizes the gentleman 

from Pennsylvania, Mr. Gekas, Chairman of the Subcommittee, for 

a motion. 

Mr. GEKAS. I thank the Chair. 

Mr. Chairman, the Subcommittee on Immigration, Border Security, and Claims reports favorably the bill H.R. 3758 and moves its 

favorable recommendation to the full House. 

Chairman SENSENBRENNER. Without objection, the bill will be 

considered as read and open for amendment at any point. 

Without objection, opening statements will be placed in the 

record. 

[The prepared statement of Ms. Jackson Lee follows:]

PREPARED STATEMENT OF THE HONORABLE SHEILA JACKSON LEE, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF TEXAS

Mr. Chairman, I support this private relief bill for So Hyun Jun a 17 year old 

from South Korea. So Hyun Jun’s mother was permanently injured in a car accident 

in 1995 and was unable to provide care for So Hyun Jun. So Hyun Jun’s father, 

who had a history of alcohol dependency, had also been both physically and mentally abusive to So Hyun Jun. Due to the abuse, So Hyun Jun’s social and educational development had been severely impeded. Her aunt and uncle, John and Ok 

Sun Thornton, and Hyun Jun’s mother agreed that the best thing for the child 

would be for the Thornton’s to adopt her. The Thortons began their attempt to adopt 

the child. However, their efforts were thwarted for several years because So Hyun 

Jun’s father disappeared and they could not proceed without his consent. 

In February 2000, So Hyun Jun first came to the United States to live with her 

aunt and uncle. In August 2000, formal adoption proceedings began after all the 

necessary documents had been collected and both So Hyun Jun’s natural parents 

had officially relinquished their parental rights. The adoption was finalized on 

March 6, 2001. Unfortunately, that finalization date fell almost six months after So 

Hyun Jun’s 16th birthday. 

In order for an adoptee to lawfully immigrate to the United States, the immigration law requires an adoption to have occurred prior to the age of 16. Because So 

Hyun Jun’s adoption was not completed until after her 16th birthday, she would 

need a private bill in order to gain permanent residence. 

The precedent concerning adoption cases is well-established. Precedent dictates 

that in order for favorable consideration of a private bill that allows an adoption 

to be considered legitimate for immigration purposes, the adoption must have been 

initiated prior to the child’s turning 16 and must be finalized. 

It is clear from the documentation provided to the Subcommittee that the Thornton’s were actively proceeding with the adoption prior to So Hyun Jun’s 16th birthday. Mr. Chairman I support this legislation.

Are there amendments? If there are no amendments, a reporting 

quorum is not present. Without objection, the previous question is 

ordered on reporting the bill favorably, and that vote will be taken 

as soon as a reporting quorum shows up. 

[Intervening business.] 

The Chair notes the presence of a reporting quorum. We will go 

to the private bill, report that out. 

The Committee now returns to the pending unfinished business 

on which the previous question was ordered on reporting the bill 

H.R. 3758 favorably. Those in favor will signify by saying aye? Opposed, no? 

The ayes appear to have it. The ayes have it and the bill is reported favorably.

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