Trusting that Congress will, for compassionate reasons, grant a waiver in this case, I am Sincerely yours, JAMES H. WILLIAMSON, Sergeant, First Class, RA6845219. HEADQUARTERS, Karlsruhe MILITARY SUBPOST, OFFICE OF THE CHAPLAIN, Hon. JAMES FULTON, APO 403, United States Army, November 10, 1952. 502 L Federal Building, Pittsburgh, Pa. DEAR MR. FULTON: Reference is made to your letter of March 8, 1952, to Sfe. James H. Williamson in which you expressed willingness to introduce a private bill in behalf of his wife, Mrs. Edith Williamson (residing at 39 Weisshoferstr., Bretten, Germany) in order that she may immigrate to the States. Mrs. Williamson has been greatly heartened by your letter and requested me to make inquiry as to whether she could further the progress of the bill by engaging an attorney to represent her in the case. She would be guided by your advice in the matter. Should you consider it expedient for Mrs. Williamson to employ an attorney, she would be pleased if you would name a lawyer. Yours sincerely, Hon. JAMES FULTON, JOHN V. RINNIN, Chaplain (Captain). HEADQUARTErs Karlsruhe Military SUBPOST, OFFICE OF THE CHAPLAIN, APO 403, United States Army, March 24, 1952. House of Representatives, Washington, D. C. DEAR MR. FULTON: The case of Edith D. Williamson, wife of Sfc. James H. Williamson, 14th Training Company, 4th Engineer Training Battalion, Fort Belvoir, Va., has been pending in the files of this office for the past 22 years. The story, briefly, is this: The couple were engaged for a long time before EUCOM regulations permitted the marriage. During this waiting period Mrs. Williamson became pregnant. Shamed by the thought of what people would say, she had an abortion. Following the marriage this matter turned up on her record and the immigration authorities refused her a visa, notwithstanding the fact that the German district attorney canceled the offense from her record. Only in excep tional cases is this measure taken by a German court. I have known this lady for more than a year. She is of excellent character and comes from a fine German family. Sergeant Williamson has tried repeatedly to have his wife brought to the States, but to no avail. For compassionate reasons I wish that you would do what you can to facilitate the granting of a visa to Mrs. Williamson. I am sure that she will make a good American citizen. Sincerely yours, JOHN V. TINNIN, Chaplain (Captain). The committee, after consideration of all the facts in the case, is of the opinion that the bill (H. R. 4328) should be enacted. 83D CONGRESS 1st Session SENATE { REPORT JULIA S. CRISWELL JULY 30 (legislative day, JULY 27), 1953.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 4375] The Committee on the Judiciary, to which was referred the bill (H. R. 4375) for the relief of Julia S. Criswell, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to waive, in the case of a United States citizen born in Nicaragua of British parents, the applicability of provisions of the Immigration and Nationality Act under which a naturalized citizen who resides continuously for 3 years in the territory of a foreign state in which the place of his birth is situated would lose his American citizenship. STATEMENT OF FACTS The pertinent facts in this case are contained in a letter dated May 4, 1953, to the chairman of the Committee on the Judiciary of the House of Representatives from Mrs. R. B. Shipley, Director, Passport Office, Department of State, in which the enactment of this legislation is recommended. The said letter reads as follows: The Honorable CHAUNCEY W. REED, DEPARTMENT OF STATE, House of Representatives. MY DEAR MR. REED: Reference is made to your letter of April 29, 1953, transmitting copies of H. R. 4375, for the relief of Julia S. Criswell, and requesting a report of the facts in the case, together with an opinion as to the merits of the bill. It appears from the passport file of Julia S. Criswell that she was born in Nicaragua on June 8, 1900, of British parents; that she emigrated to the United States in 1916; and that she was naturalized through marriage to a native-born American citizen on July 12, 1920, which marriage was terminated by divorce in April 1930. If Mrs. Criswell remains in Nicaragua she will complete 3 years of residence there in February 1954, at which time she will become expatriated under the provisions of section 352 (a) (1) of the Immigration and Nationality Act. She is presently living in that country to care for an invalid sister whose health is such that Mrs. Criswell feels that she must remain with her sister during the latter's illness. Mrs. Criswell has advised the Department, however, that she considers the United States her permanent home and that she intends to return here to reside permanently upon the termination of her sister's illness. Mrs. Criswell lived in the United States continuously for more than 30 years from her naturalization in 1920 until she left for Nicaragua in 1951 for a visit. She is not entitled to relief under any provision of existing law, although the Department observes that her case comes within the spirit of the provisions of section 353 (5) of the Immigration and Nationality Act. In view of this observation, the Department recommends approval of this legislation. Sincerely yours, R. B. SHIPLEY, Director, Passport Office. The committee, after consideration of all the facts in the case, the opinion that the bill (H. R. 4375) should be enacted. О is of JULY 30 (legislative day, JULY 27), 1953.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 5951] The Committee on the Judiciary, to which was referred the bill (H. R. 5951) for the relief of Eveline Brigitte Bartl (Eveline B. Hermann), having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE BILL The purpose of this bill is to facilitate the admission into the United States of the stepdaughter of a United States citizen serviceman. STATEMENT OF FACTS The necessity for legislative action in this case stems from a decision rendered by the Attorney General, on June 2, 1953, in the matter of alien children born out of wedlock prior to the marriage of the mother of such child to a citizen of the United States. On June 2, 1953, the Department of Justice issued the following statement: [For immediate release Tuesday, June 2, 1953) DEPARTMENT OF JUSTICE Attorney General Herbert Brownell, Jr., ruled today that a child born out of wedlock prior to the marriage of a woman alien to a United States citizen is not a stepchild within the meaning of the Immigration and Nationality Act. At the same time, the Attorney General said that in view of the doubt that is raised concerning language such as is used in the act in some of the cases referred to by the Board of Immigration Appeals, the matter should be specially called to the attention of Congress for its consideration as to the desirability of clarifying legislation. The decision came in a case involving a boy who was aged two and a half when he arrived here August 8, 1952, with his mother, a native and citizen of Germany, who had married a United States citizen after the child was born. She was admitted as a nonquota immigrant but the special inquiry officer ruled that the child was not a stepchild of an American citizen and that he could not be admitted as a nonquota immigrant. The child was admitted, however, as a quota immigrant and the quota of Germany for the fiscal year was reduced by one to cover his admission for permanent residence. The special inquiry officer had adopted the viewpoint of the General Counsel of the Immigration and Naturalization Service that the term "stepchild" covered a child of "one's wife or husband by a former marriage." The General Counsel also expressed the opinion that to call such a child as the one involved in the case a stepchild would be to grant greater rights than could be obtained by the illegitimate children of a United States citizen. The Board of Immigration Appeals had overruled the special-inquiry officer on grounds there was ample judicial authority to support a conclusion which would include the illegitimate child of the spouse as the stepchild of the person who has married the parent of that child. It also took the view that the legislative intent was to keep together the family unit wherever possible and it would appear to be a desirable result, based upon legal and equitable considerations, to adopt a liberal use of the term "stepchild." The Board also said that no harm could possibly result from such a conclusion and the consequences would fulfill the human considerations involved in keeping intact the family unit. In overruling the Board, the Attorney General reinstated the decision of the special-inquiry officer. The committee files contain documents attesting to the fact that Sgt. Edwin C. Hermann, Jr., and Mrs. Gertrud A. Hermann, nee Bartl, a citizen of Germany, have been lawfully married and that permission to be married was granted to Sergeant Hermann by his commanding officer. There also exists documentary proof that the child, Eveline B. Bartl, is the natural-born child of Mrs. Hermann and that Sergeant Hermann's visa petitions for his wife and her child have only been approved in the case of his wife. The visa petition filed for his child was disapproved on the basis of the abovecited decision of the Attorney General. The documents referred to above read as follows: HEADQUARTERS, NURNBERG DISTRICT, APO 696, United States Army, February 3, 1953. 1. Request that service records and allied references, as appropriate, be annotated to indicate: (a) Marriage approved by Headquarters, Nurnberg district, on January 22, 1953. (b) Marriage performed by German authorities at Ansbach, Germany, on January 27, 1953. 2. If marriage is to a German national, entrance of administrative remarks on WD AGO Form 24a (24) (Service Record), WD AGO Form 20 (Soldier's Qualification Card), or WD AGO Form 66 (Officer's and Warrant Officer's Qualification Record) for military individuals or on appropriate civilian records substantially as follows: "Ineligible for service in the European Command or United States Forces, Austria, in accordance with the provisions of paragraph 19c, SR 600–175–1, as changed." 3. Immunization records on dependents acquired by this marriage will be established and completed at the earliest practicable time. 4. If coordinated travel of the sponsor and alien dependent cannot be arranged, necessary arrangements will be made to insure that sponsor submits application |