KWONG, JIMMY L. wasborn 10 September 1951, received Social Security number 560-86-1057 (indicating California) and, Death Master File says, died 14 June 1996 94,692,800 Check the source file (free) and then check Archives for JIMMY L KWONG.
Jimmy Kwong, a United States born citizen, and Suchada
Vasanaarchasakul, a citizen of Thailand, met through mutual friends in
1993. They married on September 23, 1995. Mr. Kwong filed an immediate
relative petition for Mrs. Kwong at that time. However, because Mrs.
Kwong's TB skin test had a positive reaction, the petition and
adjustment application had to be postponed so that she could have
further tests. At that point, Mrs. Kwong was pregnant, and was advised
to wait until after the baby was born to have the required chest x-ray.
On March 27, 1996, they were informed that their interview for approval
of the petition for conditional permanent residence for Mrs. Kwong was
scheduled for August 15, 1996. In May 1996, Mrs. Kwong gave birth to their son, Ryan Kwong. Her chest x-ray determined that she did not have
TB. Tragically, less than 3 weeks after the birth of his son, Mr. Kwong was killed in a car accident on June 14, 1996.
FULL ARTICLE BELOW:
69 007
106 th Congress
Report
HOUSE OF REPRESENTATIVES
1st Session
106 178
FOR THE RELIEF OF SUCHADA KWONG
June 9, 1999.--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 H.R. 322]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill (H.R.
322) for the relief of Suchada Kwong, having considered the same,
reports favorably thereon with an amendment and recommends that the bill
as amended do pass.
TABLE OF CONTENTS
Page
The Amendment
1
Purpose and Summary
2
Background and Need for the Legislation
2
Hearings
3
Committee Consideration
3
Committee Oversight Findings
3
Committee on Government Reform and Oversight Findings
3
New Budget Authority and Tax Expenditures
3
Congressional Budget Office Cost Estimate
3
Constitutional Authority Statement
4
Agency Views
4
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu thereof
the following:
SECTION 1. PERMANENT RESIDENT STATUS FOR SUCHADA KWONG.
(a) In General.--Notwithstanding subsections (a) and (b) of section
201 of the Immigration and Nationality Act, Suchada Kwong shall be
eligible 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 such Act or for
adjustment of status to lawful permanent resident.
(b) Adjustment of Status.--If Suchada Kwong 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 application for issuance of an immigrant
visa or the application for adjustment of status is 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 Suchada Kwong, the Secretary of
State shall instruct the proper officer to reduce by 1, during the
current or next following fiscal year, the total number of immigrant
visas that are made available to natives of the country of the alien's
birth under section 203(a) of the Immigration and Nationality Act or, if
applicable, the total number of immigrant visas that are made available
to natives of the country of the alien's birth under section 202(e) of
such Act.
(e) Denial of Preferential Immigration Treatment for Certain
Relatives.--The natural parents, brothers, and sisters of Suchada Kwong
shall not, by virtue of such relationship, be accorded any right,
privilege, or status under the Immigration and Nationality Act.
PURPOSE AND SUMMARY
This bill would make the claimant eligible for adjustment of her
status to that of a permanent resident.
BACKGROUND AND NEED FOR THE LEGISLATION
Jimmy Kwong, a United States born citizen, and Suchada
Vasanaarchasakul, a citizen of Thailand, met through mutual friends in
1993. They married on September 23, 1995. Mr. Kwong filed an immediate
relative petition for Mrs. Kwong at that time. However, because Mrs.
Kwong's TB skin test had a positive reaction, the petition and
adjustment application had to be postponed so that she could have
further tests. At that point, Mrs. Kwong was pregnant, and was advised
to wait until after the baby was born to have the required chest x-ray.
On March 27, 1996, they were informed that their interview for approval
of the petition for conditional permanent residence for Mrs. Kwong was
scheduled for August 15, 1996. In May 1996, Mrs. Kwong gave birth to their son, Ryan Kwong. Her chest x-ray determined that she did not have
TB. Tragically, less than 3 weeks after the birth of his son, Mr. Kwong was killed in a car accident on June 14, 1996.
I.N.A. regulations concerning the untimely death of a sponsoring
spouse allow for a waiver of the 2-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. Kwong's
petition for conditional permanent residence was scheduled for August
15, 1996, however, Mr. Kwong was killed on June 14, 1996. Had the
interview occurred 2 months earlier, Mrs. Kwong would have been eligible
for that waiver. Although the occurrence of death prior to 2 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. Kwong 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.
Kwong, there is the additional factor of an American citizen child to
consider.
The bill was amended in subcommittee to include standard private
immigration bill provisions that were omitted from the bill as
introduced.
HEARINGS
The Committee's Subcommittee on Immigration and Claims held no
hearings on H.R. 322.
COMMITTEE CONSIDERATION
On March 4, 1999, the Subcommittee on Immigration and Claims met in
open session and ordered favorably reported the bill H.R. 322 with an
amendment by voice vote, a quorum being present.
On May 19, 1999, the Committee on the Judiciary met in open session
and ordered reported favorably the bill H.R. 322 as amended by voice
vote, a quorum being present.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of Rule XIII 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 AND OVERSIGHT FINDINGS
No findings or recommendations of the Committee on Government Reform
and Oversight were received as referred to in clause 3(c)(4) of Rule
XIII of the Rules of the House of Representatives.
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. 322, the following estimate and comparison prepared by the
Director of the Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 24, 1999.
Hon. Henry J. Hyde, 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. 322, a bill for the relief of Suchada
Kwong.
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.
H.R. 322.--A bill for the relief of Suchada Kwong.
H.R. 322 would make Suchada Kwong eligible for permanent U.S.
residence. CBO estimates that enacting this legislation would have no
significant impact on the Federal budget. H.R. 322 could have a very
small effect on fees collected by the Immigration and Naturalization
Service, which are classified as direct spending, so pay-as-you-go
procedures would apply.
The CBO staff contact for this estimate is Mark Grabowicz, who can be
reached at 226-2860. This estimate was approved by Paul N. Van de Water,
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 1, Clause 8 of the Constitution.
AGENCY VIEWS
The comments of the Immigration and Naturalization Service on H.R.
322 are as follows:
U.S. Department of Justice,
Immigration and Naturalization Service,
Washington, DC, April 15, 1999.
Hon. Lamar Smith, Chairman, Subcommittee on Immigration and Claims,
House of Representatives, Washington, DC.
Dear Mr. Chairman: This is in response to your request for a report
regarding H.R. 322 for the relief of Suchada Kwong. Attached is a
memorandum of information concerning the beneficiary.
This bill would grant the beneficiary eligible for issuance of an
immigrant visa or adjustment status to permanent residence upon filing
for an application.
Absent enactment of the bill, the beneficiary appears to be
ineligible for permanent residence in the United States.
We hope that the information provided is useful. If we may be of
assistance in the future, please let us know.
Sincerely,
Allen Erenbaum,
Congressional Relations.
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE
FILES RE: S. 1961
The beneficiary Suchada Kwong (nee: Vasanaarchasakul), a native of
Thailand, was born April 05, 1967 in Bangkok, Thailand. Mrs. Kwong
resides alone with her only child Ryan Stephen Kwong who is a United
States citizen. Mrs. Kwong has been unemployed since arriving in the
United States on June 06, 1995. She is also the sole beneficiary of this
Private Bill.
Mrs. Kwong receives a Social Security benefit of $931 per month. She
also receives $743.74 per month from a Delta Airlines Death benefit. Her
son also receives a Social Security benefit of $931 per month.
Mrs. Kwong was inspected and admitted into the United States on June
06, 1995 at Portland, Oregon as a visitor. On September 23, 1995 the
beneficiary married United States citizen Jimmy Lee Kwong. An I-130,
petition for alien relative and an I-485, application to register
permanent residence or adjust status were completed on March 27, 1996. A
permament residence interview was scheduled between INS and the couple
for August 15, 1996. On June 14, 1996 Jimmy Lee Kwong was killed in an
automobile accident. The petitions filed by the Kwongs had not been
adjudicated nor approved.
Mrs. Kwong has not departed the United States since her arrival in
June 1995. There is no immigration benefit available to her in relation
to her education and work experience. Title 8 Code of Federal
Regulations, part 205.1(a)(3) does not provide any relief until the
petition has been adjudicated and approved. There had been no action
taken on the petition of the beneficiary at the time of her husband's
death. Section 204 provides for the self petitioning by the spouses of
deceased United States citizens. However, that provision requires that
the beneficiary and the U.S. Citizen spouse be married for two (2) years
before the petition may be approved.
Responses to national agency checks were negative.
Raoul Gruenberg (1969)
KWONG, JIMMY L. was born 10 September 1951, received Social Security number 560-86-1057 (indicating California) and, Death Master File says, died 14 June 1996 94,692,800
Check the source file (free) and then check Archives for JIMMY L KWONG.
Jimmy Kwong, a United States born citizen, and Suchada
Vasanaarchasakul, a citizen of Thailand, met through mutual friends in
1993. They married on September 23, 1995. Mr. Kwong filed an immediate
relative petition for Mrs. Kwong at that time. However, because Mrs.
Kwong's TB skin test had a positive reaction, the petition and
adjustment application had to be postponed so that she could have
further tests. At that point, Mrs. Kwong was pregnant, and was advised
to wait until after the baby was born to have the required chest x-ray.
On March 27, 1996, they were informed that their interview for approval
of the petition for conditional permanent residence for Mrs. Kwong was
scheduled for August 15, 1996. In May 1996, Mrs. Kwong gave birth to
their son, Ryan Kwong. Her chest x-ray determined that she did not have
TB. Tragically, less than 3 weeks after the birth of his son, Mr. Kwong
was killed in a car accident on June 14, 1996.
FULL ARTICLE BELOW:
69 007
106 th Congress
Report
HOUSE OF REPRESENTATIVES
1st Session
106 178
FOR THE RELIEF OF SUCHADA KWONG
June 9, 1999.--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 H.R. 322]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill (H.R.
322) for the relief of Suchada Kwong, having considered the same,
reports favorably thereon with an amendment and recommends that the bill
as amended do pass.
TABLE OF CONTENTS
Page
The Amendment
1
Purpose and Summary
2
Background and Need for the Legislation
2
Hearings
3
Committee Consideration
3
Committee Oversight Findings
3
Committee on Government Reform and Oversight Findings
3
New Budget Authority and Tax Expenditures
3
Congressional Budget Office Cost Estimate
3
Constitutional Authority Statement
4
Agency Views
4
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu thereof
the following:
SECTION 1. PERMANENT RESIDENT STATUS FOR SUCHADA KWONG.
(a) In General.--Notwithstanding subsections (a) and (b) of section
201 of the Immigration and Nationality Act, Suchada Kwong shall be
eligible 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 such Act or for
adjustment of status to lawful permanent resident.
(b) Adjustment of Status.--If Suchada Kwong 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 application for issuance of an immigrant
visa or the application for adjustment of status is 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 Suchada Kwong, the Secretary of
State shall instruct the proper officer to reduce by 1, during the
current or next following fiscal year, the total number of immigrant
visas that are made available to natives of the country of the alien's
birth under section 203(a) of the Immigration and Nationality Act or, if
applicable, the total number of immigrant visas that are made available
to natives of the country of the alien's birth under section 202(e) of
such Act.
(e) Denial of Preferential Immigration Treatment for Certain
Relatives.--The natural parents, brothers, and sisters of Suchada Kwong
shall not, by virtue of such relationship, be accorded any right,
privilege, or status under the Immigration and Nationality Act.
PURPOSE AND SUMMARY
This bill would make the claimant eligible for adjustment of her
status to that of a permanent resident.
BACKGROUND AND NEED FOR THE LEGISLATION
Jimmy Kwong, a United States born citizen, and Suchada
Vasanaarchasakul, a citizen of Thailand, met through mutual friends in
1993. They married on September 23, 1995. Mr. Kwong filed an immediate
relative petition for Mrs. Kwong at that time. However, because Mrs.
Kwong's TB skin test had a positive reaction, the petition and
adjustment application had to be postponed so that she could have
further tests. At that point, Mrs. Kwong was pregnant, and was advised
to wait until after the baby was born to have the required chest x-ray.
On March 27, 1996, they were informed that their interview for approval
of the petition for conditional permanent residence for Mrs. Kwong was
scheduled for August 15, 1996. In May 1996, Mrs. Kwong gave birth to
their son, Ryan Kwong. Her chest x-ray determined that she did not have
TB. Tragically, less than 3 weeks after the birth of his son, Mr. Kwong
was killed in a car accident on June 14, 1996.
I.N.A. regulations concerning the untimely death of a sponsoring
spouse allow for a waiver of the 2-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. Kwong's
petition for conditional permanent residence was scheduled for August
15, 1996, however, Mr. Kwong was killed on June 14, 1996. Had the
interview occurred 2 months earlier, Mrs. Kwong would have been eligible
for that waiver. Although the occurrence of death prior to 2 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. Kwong 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.
Kwong, there is the additional factor of an American citizen child to
consider.
The bill was amended in subcommittee to include standard private
immigration bill provisions that were omitted from the bill as
introduced.
HEARINGS
The Committee's Subcommittee on Immigration and Claims held no
hearings on H.R. 322.
COMMITTEE CONSIDERATION
On March 4, 1999, the Subcommittee on Immigration and Claims met in
open session and ordered favorably reported the bill H.R. 322 with an
amendment by voice vote, a quorum being present.
On May 19, 1999, the Committee on the Judiciary met in open session
and ordered reported favorably the bill H.R. 322 as amended by voice
vote, a quorum being present.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of Rule XIII 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 AND OVERSIGHT FINDINGS
No findings or recommendations of the Committee on Government Reform
and Oversight were received as referred to in clause 3(c)(4) of Rule
XIII of the Rules of the House of Representatives.
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. 322, the following estimate and comparison prepared by the
Director of the Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 24, 1999.
Hon. Henry J. Hyde, 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. 322, a bill for the relief of Suchada
Kwong.
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.
H.R. 322.--A bill for the relief of Suchada Kwong.
H.R. 322 would make Suchada Kwong eligible for permanent U.S.
residence. CBO estimates that enacting this legislation would have no
significant impact on the Federal budget. H.R. 322 could have a very
small effect on fees collected by the Immigration and Naturalization
Service, which are classified as direct spending, so pay-as-you-go
procedures would apply.
The CBO staff contact for this estimate is Mark Grabowicz, who can be
reached at 226-2860. This estimate was approved by Paul N. Van de Water,
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 1, Clause 8 of the Constitution.
AGENCY VIEWS
The comments of the Immigration and Naturalization Service on H.R.
322 are as follows:
U.S. Department of Justice,
Immigration and Naturalization Service,
Washington, DC, April 15, 1999.
Hon. Lamar Smith, Chairman, Subcommittee on Immigration and Claims,
House of Representatives, Washington, DC.
Dear Mr. Chairman: This is in response to your request for a report
regarding H.R. 322 for the relief of Suchada Kwong. Attached is a
memorandum of information concerning the beneficiary.
This bill would grant the beneficiary eligible for issuance of an
immigrant visa or adjustment status to permanent residence upon filing
for an application.
Absent enactment of the bill, the beneficiary appears to be
ineligible for permanent residence in the United States.
We hope that the information provided is useful. If we may be of
assistance in the future, please let us know.
Sincerely,
Allen Erenbaum,
Congressional Relations.
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE
FILES RE: S. 1961
The beneficiary Suchada Kwong (nee: Vasanaarchasakul), a native of
Thailand, was born April 05, 1967 in Bangkok, Thailand. Mrs. Kwong
resides alone with her only child Ryan Stephen Kwong who is a United
States citizen. Mrs. Kwong has been unemployed since arriving in the
United States on June 06, 1995. She is also the sole beneficiary of this
Private Bill.
Mrs. Kwong receives a Social Security benefit of $931 per month. She
also receives $743.74 per month from a Delta Airlines Death benefit. Her
son also receives a Social Security benefit of $931 per month.
Mrs. Kwong was inspected and admitted into the United States on June
06, 1995 at Portland, Oregon as a visitor. On September 23, 1995 the
beneficiary married United States citizen Jimmy Lee Kwong. An I-130,
petition for alien relative and an I-485, application to register
permanent residence or adjust status were completed on March 27, 1996. A
permament residence interview was scheduled between INS and the couple
for August 15, 1996. On June 14, 1996 Jimmy Lee Kwong was killed in an
automobile accident. The petitions filed by the Kwongs had not been
adjudicated nor approved.
Mrs. Kwong has not departed the United States since her arrival in
June 1995. There is no immigration benefit available to her in relation
to her education and work experience. Title 8 Code of Federal
Regulations, part 205.1(a)(3) does not provide any relief until the
petition has been adjudicated and approved. There had been no action
taken on the petition of the beneficiary at the time of her husband's
death. Section 204 provides for the self petitioning by the spouses of
deceased United States citizens. However, that provision requires that
the beneficiary and the U.S. Citizen spouse be married for two (2) years
before the petition may be approved.
Responses to national agency checks were negative.