[House Report 116-595]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-595
======================================================================
FOR THE RELIEF OF ARPITA KURDEKAR, GIRISH KURDEKAR, AND VANDANA
KURDEKAR
_______
November 18, 2020.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 631]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 631) for the relief of Arpita Kurdekar, Girish
Kurdekar, and Vandana Kurdekar, 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.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Duplication of Federal Programs.................................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Purpose and Summary
H.R. 631, ``For the relief of Arpita Kurdekar, Girish
Kurdekar, and Vandana Kurdekar,'' would provide the
beneficiaries of this private bill with an opportunity to
obtain lawful permanent resident status in the United States.
Background and Need for the Legislation
A. IMMIGRATION BACKGROUND
Arpita Kurdekar arrived in the United States from India in
August 2014 on a temporary F-1 student visa in pursuit of a
master's degree in civil engineering at the University of
Buffalo in New York. Ms. Kurdekar has continued to maintain
lawful status under the terms and conditions of her student
visa and is currently pursuing a Ph.D. in structural
engineering at the University of Connecticut. Her father and
mother, Girish Kurdekar and Vandana Kurdekar, last entered the
United States in 2016 on B-2 visitor visas. They have both been
granted multiple B-2 extensions and have maintained such status
since entry. All three family members lack viable options to
remain in the United States permanently.
B. MEDICAL CONDITION
In September 2016, Arpita Kurdekar was struck by a tree
limb and suffered a severe spinal cord injury, rendering her
instantly paralyzed from the neck down. Shortly after the
accident, her parents came to the United States to provide
their only daughter with the full-time care, assistance, and
support that she requires.
Here in the United States, Ms. Kurdekar has access to the
advanced physical therapy services necessary to manage her
condition through her private health insurance. Ms. Kurdekar is
currently employed as a Graduate Research Fellow and Research
Assistant at the University of Connecticut and receives
supplemental financial assistance in the form of long-term
disability and other insurance payments as well as investment
income. Lacking employment authorization due to their temporary
visitor status, neither Girish Kurdekar nor Vandana Kurdekar
are currently employed.
C. HOUSE PRECEDENT FOR CONSIDERATION OF PRIVATE IMMIGRATION BILLS
In the modern era, Congress has passed numerous private
bills for similarly situated individuals, including in cases
where the beneficiary, or the U.S. citizen spouse or child of a
beneficiary, suffered from a serious illness or medical
condition.
For example, in the 106th Congress, the House passed a
private bill for Marina Khalina and her son Albert Kifakov, the
latter of whom had cerebral palsy and would require lifelong
medical treatment that was unavailable in their home country of
Russia.\1\ Also in the 106th Congress, the House passed a
private bill for the relief of Jacqueline Salinas--who was
paralyzed from the waist down--and her children, one of whom
was afflicted with bone cancer.\2\
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\1\See H.R. Rep. No. 106-956 (2000); See also S. 150, 106th Cong.
(1999).
\2\See H.R. Rep. No. 106-962 (2000); See also S. 1513, 106th Cong.
(1999).
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In the 104th Congress, the House passed a private bill for
Oscar Salas-Velazquez, whose U.S. citizen child and wife were
carriers of an antigen that predisposes them to developing
Reiter's syndrome--a severe, disabling, incurable arthritic
disease which can be triggered by an intestinal infection from
organisms widespread in Mexico.\3\ Requiring Mr. Salas-
Velazquez's wife and child to join him in Mexico would very
likely result in the development of Reiter's syndrome.\4\ In
the 106th Congress, the House also passed a private bill for
Saeed Rezai, whose U.S. citizen wife was stricken with multiple
sclerosis.\5\ Medical professionals indicated that her
condition would likely deteriorate rapidly from the severe
stress resulting from her husband's removal.
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\3\See H.R. Rep. No. 104-810 (1996); See also H.R. 1031, 104th
Cong. (1995).
\4\Id.
\5\See H.R. Rep. No. 106-905 (2000); See also H.R. 5266, 106th
Cong. (2000).
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Similarly, if the Kurdekar family is forced to return to
their home country of India, where access to the specialized
treatment and accommodations that are necessary to sustain
Arpita Kurdekar's quality of life is both limited and costly,
they will undoubtedly experience excessive hardship. As such,
the Committee has determined that H.R. 631 meets the medical
condition precedent.
Hearings
The Committee on the Judiciary held no hearings on H.R.
631.
Committee Consideration
On September 9, 2020, the Committee met in open session and
ordered the bill, H.R. 631, favorably reported without
amendment, by a voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 631.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises 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.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives 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. 631, 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, September 22, 2020.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for these four bills:
H.R. 631, For the relief of Arpita Kurdekar,
Girish Kurdekar, and Vandana Kurdekar;
H.R. 4225, For the relief of Maria Isabel
Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria
Barrera De Bueso;
H.R. 7146, For the relief of Victoria
Galindo Lopez; and
H.R. 7572, For the relief of Median El-
Moustrah.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David
Rafferty.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
cc:
Honorable Doug Collins
Ranking Member
On September 9, 2020, the House Committee on the Judiciary
ordered reported four bills that would allow the people named
in each bill to become lawful permanent residents:
H.R. 631, For the relief of Arpita Kurdekar,
Girish Kurdekar, and Vandana Kurdekar;
H.R. 4225, For the relief of Maria Isabel
Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria
Barrera De Bueso;
H.R. 7146, For the relief of Victoria
Galindo Lopez; and
H.R. 7572, For the relief of Median El-
Moustrah.
Enacting each of those four bills could increase direct
spending and reduce revenues because lawful permanent residents
are eligible for certain federal benefits, such as Medicaid and
premium tax credits for health insurance purchased through the
marketplaces established by the Affordable Care Act, if they
otherwise meet the eligibility requirements for those benefits.
CBO estimates that those effects would not be significant
because of the small number of people who would be affected by
each bill.
The CBO staff contact for this estimate is David Rafferty.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 631 establishes or reauthorizes a
program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
631 would provide Arpita Kurdekar, Girish Kurdekar, and Vandana
Kurdekar with an opportunity to obtain lawful permanent
resident status in the United States.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 631 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Permanent Resident Status for Arpita Kurdekar,
Girish Kurdekar, and Vandana Kurdekar. Subsection (a) provides
that Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar
shall each be eligible for issuance of an immigrant visa or for
adjustment of status to lawful permanent residence upon filing
the appropriate application.
Subsection (b) provides that if Arpita Kurdekar, Girish
Kurdekar, or Vandana Kurdekar enter the United States before
the filing deadline specified in subsection (c), they shall be
considered to have entered and remained lawfully and shall be
eligible for adjustment of status as of the date of the
enactment of this Act.
Subsection (c) requires Arpita Kurdekar, Girish Kurdekar,
and Vandana Kurdekar to apply for an immigrant visa or
adjustment of status within 2 years after the date of the
enactment of this Act.
Subsection (d) provides that upon granting an immigrant
visa or permanent residence to Arpita Kurdekar, Girish
Kurdekar, and Vandana Kurdekar, the Secretary of State shall
reduce by three, the total number of immigrant visas that are
made available to natives of the country of their birth.
Subsection (e) provides that the natural parents, brothers,
and sisters of Arpita Kurdekar, Girish Kurdekar, and Vandana
Kurdekar shall not, by virtue of such relationship, be accorded
any right, privilege, or status under the Immigration and
Nationality Act.