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[Congressional Record: November 14, 2002 (House)]
[Page H8736-H8737]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr14no02-179]
SO HYUN JUN
The Clerk called the bill (H.R. 3758) for the relief of So Hyun Jun.
There being no objection, the Clerk read the bill as follows:
H.R. 3758
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. IMMEDIATE RELATIVE STATUS FOR SO HYUN JUN.
(a) In General.--So Hyun Jun shall be classified as a child
under section 101(b)(1)(F) of the Immigration and Nationality
Act for purposes of approval of a relative visa petition
filed under section 204 of such Act by her adoptive parent
and the filing of an application for an immigrant visa or
adjustment of status.
(b) Adjustment of Status.--If So Hyun Jun 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 Immigration and
Nationality Act as of the date of the enactment of this Act.
(c) Deadline for Application and Payment of Fees.--
Subsections (a) and (b) shall apply only if the petition and
the application for issuance of an immigrant visa or the
application for adjustment of status are filed with
appropriate fees within 2 years after the date of the
enactment of this Act.
(d) Reduction of Immigrant Visa Number.--Upon the granting
of an immigrant visa or permanent residence to So Hyun Jun,
the Secretary of State shall instruct the proper officer to
reduce by 1, for the current or next following fiscal year,
the worldwide level of family-sponsored immigrants under
section 201(c)(1)(A) of the Immigration and Nationality Act.
(e) Denial of Preferential Immigration Treatment for
Certain Relatives.--The natural parents, brothers, and
sisters of So Hyun Jun shall not, by virtue of such
relationship, be accorded any right, privilege, or status
under the Immigration and Nationality Act.
SEC. 2. ELIGIBILITY FOR CITIZENSHIP.
For purposes of section 320 of the Immigration and
Nationality Act, So Hyun Jun shall be considered to have
satisfied the requirements applicable to adopted children
under section 101(b)(1) of such Act.
Mr. McCRERY. Mr. Speaker, I rise today in support of H.R. 3758, a
private bill for the relief of So Hyun Jun (So Young June). This is a
no-cost, no-controversy bill that will provide needed relief to my
constituents John and Ok Sun Thornton of Leesville, Louisiana who
adopted So Hyun in 2001.
So Hyun was born in South Korea on September 16, 1984 to Mrs.
Thornton's sister. A car accident in 1999 left her parents incapable of
caring for her. At that time, Mrs. Thornton and her husband were
contacted about the possibility of taking custody of So Hyun. While
visiting her family in Korea, Mrs. Thornton had occasion to see first-
hand the hardships suffered by her niece. The Thorntons immediately
agreed to bring her to the United States.
In February 2000, So Hyun arrived in Louisiana to live with her aunt
and uncle. Mrs. Thornton traveled with So Hyun back to Korea during the
summer of 2000 to collect her birth certificate and other important
papers. It was during this trip that Mrs. Thornton's sister and her
husband agreed to relinquish their parental rights, thus giving full
custody to Mr. and Mrs. Thornton. Formal adoption proceedings were
begun in August of 2000 and finalized in Louisiana State Court on March
6, 2001.
The Thorntons were careful to work with the Immigration and
Naturalization Service (INS) to ensure that So Hyun's move to the
United States went smoothly. Mr. Thornton contacted the INS a month
prior to So Hyun's arrival to inquire about the procedure for bringing
her to the United States. He was told the best method would be to bring
her over on a tourist visa and then file the necessary forms to
complete the adoption process. During this time, Mr. Thornton was
misinformed three times about the correct form to complete. In January
of 2001, Mr. Thornton once again called the INS Service Center with a
question about the immigration forms, as So Hyun's visa was soon
expiring. He was told that there was no need to renew the visa since
they were adopting the child. However, upon the adoption's
finalization, the INS Adjudication Office informed the Thorntons that
So Hyun's visa could not be renewed, nor could she qualify for
permanent resident status, as her adoption was not finalized by her
sixteenth birthday. She missed that deadline by only seven months. And
this comment from the INS was the very first mention of an age
requirement.
While the Immigration and Naturalization Service may not extend
permanent resident status to Miss Jun, she is eligible for private
relief because her adoption was begun before she turned sixteen.
Without this relief, Miss Jun risks deportation to Korea where no one
is legally bound to care for her. Private relief is needed to help this
adopted girl remain in the United States with her new family.
I want to thank Chairmen Sensenbrenner and Gekas along with Ranking
Members John Conyers and Sheila Jackson-Lee for their assistance in
securing passage of H.R. 3758. I hope the Senate will follow the
House's lead today by passing this private relief bill before the end
of the 107th Congress.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
[[Page H8737]]
The SPEAKER pro tempore. This concludes the call of the Private
Calendar.
____________________
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