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[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.

                                
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