HOUSE OF REPRESENTATIVES

H.C.R. NO.

129

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE CALIFORNIA SERVICE CENTER for the Bureau of U.S. Citizenship and Immigration Services TO REOPEN DUNCAN HAMILTON'S REQUEST FOR EXTENSION OF HIS e-2 NONIMMIGRANT TREATY INVESTOR STATUS AND FOR HIS TWO DAUGHTERS.

 

WHEREAS, Duncan Hamilton and Margot Hamilton, along with their daughters Lise and Tess, 16 and 11, respectively, are Canadian citizens who have been living on Maui since 1999; and

WHEREAS, Duncan, Lise, and Tess entered the country on E-2 Visas, which were valid from August 12, 1999 to August 11, 2004; and

WHEREAS, prior to relocating to Maui, the Hamiltons were studying the prospects of changing career paths and finally settled on establishing a coffee business in Makawao and invested over $100,000 in starting up the business; and

WHEREAS, the Hamiltons prepared all the necessary paperwork to apply for an E-2 Treaty Visa, which would allow them to legally reside in the United States while running the business; and

WHEREAS, the applications were submitted to the U.S. Consulate in Toronto, and was subsequently approved, allowing the Hamiltons to reside in the United States; and

WHEREAS, the Hamiltons understood that the E-2 Treaty Visas were valid for up to 5 years due to the language on the visa itself, and that no information to the contrary was presented to the Hamiltons at the time of the approval of the E-2 visas; and

WHEREAS, Duncan and his daughters returned to Canada for a visit in March of 2000 and re-entered the United States on April 4th, 2000; and

WHEREAS, unbeknownst to Duncan, E-2 visa holders are allowed to stay in country for only up to two years at a time within the five year authorization, and that because of the trip he and his daughters took, he and his daughters needed to extend their authorized stay prior to April 3rd, 2002, and that failure to do so would result in the Hamiltons being in an overstay situation, which results in possible deportation and the cancellation of their E-2 visas; and

WHEREAS, once again, this potential problem was not mentioned to the Hamiltons upon their exodus nor re-entry into the county by immigration officials; and

WHEREAS, when appraised of this situation during a fortuitous and casual conversation with an immigration attorney in the summer of 2003, the Hamiltons took immediate steps to attempt to rectify their unintentional violation of immigration law by submitting an extension request to the then-named Immigration and Naturalization Services' (INS) California Service Center and because more than one year had passed since the expiration of Mr. Hamilton's authorized stay, he faces a 10-year bar to re-entry to the United States; and

WHEREAS, despite the existence in current law for the Bureau of Citizenship and Immigration Services to exercise discretion in these matters, their petition and subsequent appeal was denied on the grounds of failure to file a timely application; and

WHEREAS, the events of September 11, 2001, and subsequent measures taken to address shortcomings in national security, such as the creation of the Department of Homeland Security and reevaluating immigration laws, may have created unintended consequences, such as exercising less discretion and tolerance for technical and inadvertent violations of immigration law by otherwise law-abiding and upstanding visitors; and

WHEREAS, this denial will result in the divestment and probable closure of a successful investment enterprise, a loss of employment for the State and the United States, a loss of federal, state, and county tax revenues, a loss of corporate philanthropy, and a loss of a business that played a central role in the upcountry Maui community; and

WHEREAS, both Margot and Duncan have generously volunteered of their time and money to several worthwhile community activities, including the Maui Film Festival, the Maui Humane Society, the Seabury Hall school, Imua Rehab, and Hui No`eau; and

WHEREAS, Lise, a junior in high school, is an accomplished pianist, is a member of the Judiciary Council at Seabury Hall, a volunteer camp counselor at Camp Imua, and is on the Headmaster's List at Seabury Hall; and

WHEREAS, Tess is a 6th grader at the Haleakala Waldorf School, and like her sister, is involved with extracurricular activities such as piano, basketball, volleyball, and school drama productions, and is also on the Honor Roll; and

WHEREAS, this visa extension denial would result in a great loss to the upcountry Maui community and would split a family because Margot Hamilton entered the United States under a different visa and does not need to file for extension; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the Senate concurring, that the legislature requests the Director of the California Service Center for the Bureau of U.S. Citizenship and Immigration Services to reopen Duncan Hamilton's request (WAC-03-255-54028) for the extension of his E-2 non-immigrant treaty investor status and those of his two daughters, and approve his extension request; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of the California Service Center for the Bureau of the U.S. Citizenship and Immigration Services, each member of the Congressional delegation of the State of Hawaii, the Mayor of Maui County, the Governor of the State of Hawaii, the Secretary of the Department of Homeland Security, and the President of the United States.

 

 

 

 

 

 

OFFERED BY:

_____________________________

Report Title:

Duncan Hamilton; request for reopening of visa extension