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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-958

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



 
                    FOR THE RELIEF OF SERGIO LOZANO

                                _______
                                

 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. 276]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (S. 276) for the relief of Sergio Lozano, 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. 276 would allow Sergio Lozano to adjust to permanent 
resident status.

                Background and Need for the Legislation

    On January 22, 1997, Sergio and his two siblings from El 
Salvador were issued immigrant visas as children of a legal 
permanent resident (their mother). Nineteen days later, while 
their mother was preparing to bring them to the U.S., she died 
due to complications from typhoid fever. Their father's 
whereabout were unknown. Shortly thereafter, at the direction 
of the children's U.S. citizen grandmother, the three boarded a 
flight to the United States. Upon arriving, the immigration 
inspectors determined the immigrant visas to be invalid due to 
the death of their mother and paroled them into the U.S. 
pending an investigation. They have remained in the U.S. since 
they arrived, attending school, and living with their 
grandmother. Sergio's two siblings were young enough to become 
wards of the court and obtain a visa through that avenue. 
Sergio has no family to care for him in El Salvador and it 
would be an extreme hardship for him to be separated from his 
two siblings. Had it not been for his mother's untimely death, 
he would now be a permanent resident.

                        Committee Consideration

    On October 11, 2000, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill S. 276 
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. 276. 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. 276, an act for the relief of Sergio 
        Lozano;

    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. 276 are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                    Washington, DC, August 3, 1999.
Hon. Orrin Hatch, Chairman,
Committee on the Judiciary,
United States Senate, Washington, DC.
    Dear Mr. Chairman: In response to your request to a report 
relative to S. 276, for the relief of Sergio Lozano, Fauricio 
Lozano, and Ana Mercedes Lozano, enclosed is a memorandum of 
information concerning the beneficiaries.
    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 
application processing fee. The bill would also require the 
Secretary of State to request the proper visa number deduction 
from the beneficiaries native country.
    Absent enactment of the bill, the beneficiaries would 
continue to have parole or deferred action status until July 1, 
2001, at which time they would be eligible for immigrant visa 
issuance abroad.
            Sincerely,
                                       FOR THE COMMISSIONER
                                  Allen Erenbaum, Director,
                                   Congressional Relations.

Enclosure

cc:
        Department of State, Visa Office
        Attn: Private Bill Staff
cc:
        Western Regional Office--FYI
        District Director--Los Angeles, CA
        Attn: Investigations--Jeff Hubrich

 Memorandum of information from immigration and naturalization service 
                            files re: S. 276

    Information concerning this case was obtained from Sergio 
Lozano, Fauricio Lozano and Ana Lozano, the beneficiaries.
    The beneficiary, Sergio Lozano, a native and citizen of El 
Salvador, was born on May 26, 1979. Sergio resides in Los 
Angeles, California, with his grandmother and two siblings, and 
is currently attending Belmont High School in the 11th grade 
pursuing a high school diploma in general studies. On January 
22, 1997, he was issued an immigrant visa to permanently reside 
in the United States as the child of a legal permanent 
resident. On February 11, 1997, the beneficiary's mother and 
sponsor passed away while preparing to bring the beneficiary 
and his siblings to the United States. On April 2, 1997, after 
staying with friends of the family in El Salvador and at the 
direction of his United States citizen grandmother, the 
beneficiary boarded a flight to the United States and arrived 
at Los Angeles International Airport (LAX). At LAX, Immigration 
Inspectors discovered the immigrant visa presented by the 
beneficiary to be invalid due to the death of the sponsor and 
paroled the beneficiary into the United States pending 
investigation. Sergio has remained in the United States since 
arrival, attending school and residing with his grandmother and 
two siblings in Los Angeles, California. The subject is in good 
physical and mental health.
    The beneficiary, Fauricio Lozano, a native and citizen of 
El Salvador, was born on July 26, 1981. Fauricio resides in Los 
Angeles, California, with his grandmother and two siblings, and 
is currently attending Belmont High School. On January 22, 
1997, he was issued an immigrant visa to permanently reside in 
the United States as the child of a legal permanent resident. 
On February 11, 1997, the beneficiary's mother and sponsor 
passed away while preparing to bring the beneficiary and his 
siblings to the United States. On April 2, 1997, after staying 
with friends of the family in El Salvador and at the direction 
of his United States citizen grandmother, the beneficiary 
boarded a flight to the United States and arrived at LAX. At 
LAX, Immigration Inspectors discovered the immigrant visa 
presented by the beneficiary to be invalid due to the death of 
the sponsor and paroled the beneficiary into the United States 
pending investigation. Fauricio has remained in the United 
States since arrival, attending school and residing with his 
grandmother and two siblings in Los Angeles, California. The 
subject is in good physical and mental health. According to the 
Central Index System, on February 11, 1999, Fauricio Lozano was 
granted SL6 status. This status is only granted to certain 
aliens declared dependent on a juvenile court (special 
immigrant juvenile), eligible for long-term foster care. The 
determination is made by the juvenile court that family 
reunification is no longer a viable option. A child who is 
eligible for long-term foster care will normally be expected to 
remain in foster care until reaching the age of majority. For 
the purpose of establishing and maintaining eligibility for 
classification as a special immigrant juvenile, a child who has 
been adopted or placed in a guardianship situation after having 
been found dependent upon a juvenile court in the United 
States, will continue to be considered to be eligible for long-
term foster care. A juvenile court is a court located in the 
United States having jurisdiction under State law to make 
judicial determinations about the custody and care of 
juveniles.
    The beneficiary, Ana Lozano, a native and citizen of El 
Salvador, was born on March 27, 1983. Ana resides in Los 
Angeles, California, with her grandmother and two siblings, and 
is currently attending Belmont High School. On January 22, 
1997, she was issued an immigrant visa to permanently reside in 
the United States as the child of a legal permanent resident. 
On February 11, 1997, the beneficiary's mother and sponsor 
passed away while preparing to bring the beneficiary and her 
siblings to the United States. On April 2, 1997, after staying 
with friends of the family in El Salvador and at the direction 
of her United States citizen grandmother, the beneficiary 
boarded a flight to the United States and arrived at LAX. At 
LAX, Immigration Inspectors discovered the immigrant visa 
presented by the beneficiary to be invalid due to the death of 
the sponsor and paroled the beneficiary into the United States 
pending investigation. Ana has remained in the United States 
since arrival, attending school and residing with her 
grandmother and two siblings in Los Angeles, California. 
According to the Central Index System, on February 11, 1999, 
Ana Lozano was granted SL6 status. This status is only granted 
to certain aliens declared dependent on a juvenile court 
(special immigrant juvenile), eligible for long-term foster 
care. The determination is made by the juvenile court that 
family reunification is no longer a viable option. A child who 
is eligible for long-term foster care will normally be expected 
to remain in foster care until reaching the age of majority. 
For the purpose of establishing and maintaining eligibility for 
classification as a special immigrant juvenile, a child who has 
been adopted or placed in a guardianship situation after having 
been found dependent upon a juvenile court in the United 
States, will continue to be considered to be eligible for long-
term foster care. A juvenile court is a court located in the 
United States having jurisdiction under State law to make 
judicial determinations about the custody and care of 
juveniles.
    On June 30, 1999, the writer conducted an unannounced 
inspection of the home. The writer observed the home to be 
untidy, with the kitchen being stocked with normal staples. The 
beneficiaries appeared healthy, and well adjusted. The 
children's grandmother had been admitted into the hospital. The 
children were living alone with Sergio Lozano as the 
supervising adult, with monetary and moral support from their 
Uncle Francisco Lozano. A background check was conducted for 
the beneficiaries and no derogatory information was found.