Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 1954] The Committee on the Judiciary, to which was referred the bill (S. 1954) for the relief of Anthony N. Goraieb, having considered the same, reports favorably thereon with an amendment in the nature of a substitute and recommends that the bill, as amended, do pass. AMENDMENT Strike all after the enacting clause and insert in lieu thereof the following: That, in the administration of the Immigration and Nationality Act, Anthony N. Goraieb shall be considered to have been registered on the waiting list for intending immigrants for the quota for Lebanon as of April 17, 1945, the date on which American Consular Officers abroad were authorized to resume registration of intending immigrants. PURPOSE OF THE BILL The purpose of the bill, as amended, is to preserve for the beneficiary of the bill the priority of his registration date under the quota for Lebanon. The bill has been amended in accordance with the suggestion of the Director of the Visa Office of the Department of State. STATEMENT OF FACTS The beneficiary of the bill was born in Lebanon on July 26, 1929. It appears that in 1938, as a boy of 10, he was registered under the Lebanon quota together with his father. However, in 1944, waiting lists were canceled and registrations were not authorized by the Department of State until April 17, 1945. The boy's father had died and he was unaware of the cancellation of the quota waiting list until such time as he made application for a visa. A letter dated December 4, 1951, to the then chairman of the Senate Committee on the Judiciary from the Deputy Attorney General with reference to S. 1243, which was a bill introduced in the 82d Congress for the relief of the same alien, reads as follows: Hon. PAT MCCARRAN, DEPARTMENT OF JUSTICE, OFFICE OF THE DEPUTY ATTORNEY GENERAL, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. MY DEAR SENATOR: This is in response to your request for the views of the Department of Justice relative to the bill (S. 1243) for the relief of Anthony N. Goraieb, an alien. The bill would provide that for the purposes of sections 4 (a) and 9 of the Immigration Act of 1924, as amended, the alien Anthony N. Goraieb, shall be considered to be the natural-born alien minor child of Charles S. Goraieb, a citizen of the United States. The files of the Immigration and Naturalization Service of this Department disclose that according to information furnished by Mr. and Mrs. Charles S. Goraieb, the alien's uncle and aunt, Anthony N. Goraieb was born in Deir-El-Kamar, Lebanon on July 26, 1929, and that he presently resides in Lebanon, never having entered the United States. Mr. and Mrs. Goraieb reside in Hamden, Conn. Mr. Goraieb who is the proprietor of the Charles Restaurant in New Haven, Conn., became a citizen of the United States through naturalization on December 12, 1927, and it is indicated that he is in sound financial condition. Besides the restaurant business, he own real estate of considerable value. He stated that he has supported his nephew for a number of years and that in the event he is allowed to enter the United States, he will make him the assistant manager of the restaurant at a salary of $50 a week and that the business will eventually go to the alien inasmuch as Mr and Mrs. Goraieb have no children. Mr. Goraieb states, however, that he doe not intend to legally adopt the alien. According to Mr. and Mrs. Goraieb the alien has completed high school and speaks English. The widowed mother and three sisters of the alien reside i Lebanon. Mr. Goraieb stated that the alien's name has been on the quota lis at the American Consulate in Beirut, Lebanon, for many years but has neve been reached. The quota for Lebanon to which the alien is chargeable is oversubscribed and a immigration visa is not readily obtainable. The record, however, presents n facts which would justify the enactment of special legislation granting the alie a preference over other aliens who desire to enter this country for permanen residence. Also, it should be noted that under the language of the bill the alie would be regarded as a minor child notwithstanding the fact that he is 23 year of age, and the requirement under section 4 (a) of the Immigration Act of 192as amended, with reference to a child, is one "under twenty-one years of age". Accordingly, the Department is unable to recommend the enactment of th Sincerely, measure. A. DEVITT VANECH, Further information is contained in the following letter dated June 1953, from the Director of the Visa Office to the chairman of the Senat Committee on the Judiciary: DEPARTMENT OF STATE, Chairman, Committee on the Judiciary, United States Senate. Hon. WILLIAM LANGER, MY DEAR SENATOR LANGER: Reference is made to your letter of May 23, 195 and its enclosures, wherein you requested the views of this Department concerni the enactment of S. 1954, a bill for the relief of Anthony N. Goraieb. is also made to the Department's interim reply of May 25, 1953. Referen According to information contained in the Department's files, the American Legation at Beirut, Lebanon, addressed a letter to the Honorable John Q. Tilson, 205 Church Street, New Haven, Conn., on August 11, 1948, from which an excerpt is quoted as follows: "The records of this office show that Mr. Goraieb was indeed included in the registration of his father on January 28, 1938. However, in 1944, when the quota for Syria and Labanon was underissued, all waiting lists were canceled on the instructions of the Department of State. Registrations under the quota for Syria and Lebanon began again at this office on January 16, 1946. "Under the circumstances, the only step which could be taken was to register Mr. Goraieb again as of today, August 11, 1948, when he communicated with this office for the first time since 1938." Although Presidential Proclamation 2846 of July 27, 1949, abolished the combined annual immigration quota of 123 for Syria and the Lebanon, and established separate quotas of 100 each for each of those countries, thereby increasing the quantity of quota numbers available to applicants born in Lebanon, Mr. Goraieb would still be required to undergo a considerable period of waiting before a quota number could be alloted for his use should he be found qualified therefor. As all waiting lists of intending immigrants maintained at American consular offices abroad prior to 1944 were canceled under instructions from the Department, 1938 waiting list for the American Legation at Beirut does not exist. It is suggested, therefore, that should the Congress desire to enact the proposed ill, all following the preamble thereof should be deleted and the following language Substituted therefor: "That, in the administration of the Immigration and Nationality Act, Anthony N. Gorsieb shall be considered to have been registered on the waiting list of ntending immigrants for the quota for Lebanon as of April 17, 1945, the date on which American consular officers abroad were authorized to resume registration of intending immigrants." In the circumstances, the question of the enactment of the proposed bill, appears to be a matter for legislative determination, concerning which the Department does not wish to express an opinion. Sincerely yours, EDWARD S. MANEY, In addition, Senator Prescott Bush, the author of the bill, has submitted the following information: Hon. ARTHUR V. WATKINS, Chairman, Subcommittee on Immigration, UNITED STATES SENATE, May 26, 1953. Committee on the Judiciary, United States Senate, Washington, D. C. DEAR SENATOR WATKINS: For your ready reference, I hand you herewith copy Mr. Charles S. Goraieb, who lives at 185 Santa Fe Avenue, Hamden, Conn., came to America from Lebanon in his early teens. He has prospered financially and is the recognized patriarch and leader among the Lebanese people of that area. In 1938, with his American wife, he visited his people in Lebanon and while there registered for the immigration quota, his brother and the latter's son, then lad of about 10 or 12 years. The very next year the brother died and since hat time Mr. Goraieb has supported the deceased brother's family and has educated the lad, sending him to school and college All the while it was understood that the boy should come to his uncle here when he reached manhood, relying upon the early registration to bring him in under the quota. In the middle of the war in 1944 when no immigrant could come, the Department, with only formal public notice, canceled the quota registration list. Of course, neither the boy nor any of his people received actual notice. In 1948 when the young man applied for a visa, still relying upon his early registration, he was informed for the first time that the old list was canceled. He immediately rezistered again, but meanwhile a long list had registered ahead of him. The time has now come when the American uncle needs the young man very badly in business of a nature that should have the attention that can come only from someone deeply interested. However, the American consul advises that in view of the large registered demand for visas by applicants entitled to first, second, third, and fourth preference within the Lebanese quota, it cannot at this time be predicted when a nonpreference quota number may become available for this applicant. The consul advises that nonpreference numbers under this quots have thus far been allotted for applicants registered before March 1, 1946. There fore, if he is allowed to be considered as registered in 1938, he should be eligible for a quota number. I hope your subcommittee may take early, and if possible favorable action on this legislation, and I would appreciate being kept advised of its progress. Thanking you, I am Sincerely yours, PRESCOTT BUSH. The committee, after consideration of all the facts in the case, is of the opinion that the bill (S. 1954), as amended, should be enacted. |