Speech #1020229064

Miller was seriously ill with cancer. which required the amputation of both his legs and 11 surgical procedures. and also suffered consequent mental illness. He died in 1986. The family had relied on him to handle the childrens naturalization. and Mrs. Miller presumed he had gotten Elizabeth naturalized just as he had the three other German children the Millers adopted. Throughout this period Elizabeth attended public schools. held a social security card. paid taxes. and generally lived under the assumption that she was a U.S. citizen. This assumption was dispelled when. after graduation from Drake University in Des Moines. Elizabeth decided to travel to South Africa to be with her future husband. Brian Owen. who she had met in the United States. She discovered that the only passport she had was German. from her infancy. and that she had apparently never been naturalized by her adoptive parents. Elizabeth consulted an immigration lawyer in Des Moines before leaving on her overseas journey in 1988. He told her she could leave without getting naturalized. and advised her of the need to get a reentry permit. but not of the naturalization consequence of staying abroad for more than a year. The consequence is an interruption of the 5year permanent residency requirement that is prerequisite to naturalization. In South Africa. Elizabeth married Brian Owen. and decided to stay with him beyond 1 year while he settled his affairs so they could relocate to the States. She was improperly advised by the United States Government representative in South Africa that there would be no adverse immigration/naturalization consequences if she stayed in South Africa longer than a year. Relying on this information. Elizabeth stayed in South Africa for 16 months. In short. after 15 years continuous permanent residence in the United States and a lifetime as the child of U.S. citizens. Elizabeth stayed abroad 4 months too long. interrupting her residence for naturalization purposes. She must therefore reside here another 5 years to be eligible for citizenship. This unfortunate circumstance would be tolerable if Elizabeth were unmarried and childless. Since she is married to a foreign national. and the mother of a newborn U.S. citizen child. the practical effect of her legal situation is to deny her the possibility of ever becoming a U.S. citizen. For. unless Brian can immigrate to the United States immediately. the Owens will be required to return to South Africa with their child. Elizabeth would then be unable to satisfy the residency requirement for naturalization. If she wants to stay here and satisfy the legal requirements of citizenship. she must wait 2 years before her husband will be allowed in the country as a permanent resident. The application of the standard rules of law and immigration regulations in this case is entirely unreasonable. Elizabeth Miller Owen. as the adopted child of American citizens. who relied on her late father to process her naturalization papers. should not be penalized for his failure to do so as a consequence of the illness which killed him. She should be able to enjoy all the rights of citizenship. just as she has borne all the obligations of U.S. citizenship her entire life. She should not be denied the consortium and support of her foreign spouse because of her absurd legal situation. This bill which I am introducing today will rectify the Owens situation. It will require Elizabeth to be considered to have satisfied the residency requirements of the Immigration and Nationality Act. and allow Brian Ross Owen to be lawfully admitted to the United States as a permanent resident. I ask unanimous consent that the text of the bill be printed in the RECORD.