is attached a memorandum of information concerning the beneficiary. This memorandum has been prepared from the Immigration and Naturalization Service files relating to the beneficiary by the Newark, N.J. office of this Service, which has custody of those files. The bill is apparently intended to confer nonquota status upon the 8-year-old adopted son of a U.S. citizen, pursuant to sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, by providing that the child shall be considered the natural-born child of a U.S. citizen. The bill would also provide that the natural parents of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act. It is noted that the beneficiary's natural father is deceased. It is also noted that the bill makes reference to statutory provision. 101(a) (a7) (A) which is nonexistent, instead of section 101(a) (27) (A) of the act, to which it apparently intended to refer. As a quota immigrant the child would be chargeable to the quota for Poland. NATURALIZATION SERVICE FILES RE ZBIGNIEW RYBA, BENE- Information concerning the case was obtained from Mrs. Zbigniew Ryba, a native and citizen of Poland, was born Mr. John Ryba, a U.S. citizen and husband of Helena Ryba, died at Linden, N.J., on November 30, 1959. Mrs. Helena Ryba was born in Elizabeth, N.J., on September 4, 1911. She married John Ryba at Linden, N.J., on April 10, 1948. Mrs. Ryba has no children of her own and the beneficiary is her nephew. She is employed as a saleswoman at $50 per week. Mrs. Ryba owns a one-family house at Linden, N.J., valued at $21,000 free of any encumbrances; has savings accounts in the amount of $10,000 and an automobile valued at $1,900. A visa petition according the beneficiary fourth preference quota status in the issuance of an immigrant visa was erroneously approved on September 22, 1959. It was subsequently revoked. The Acting Director of the Visa Office, Department of State, submitted the following report on this legislation: DEPARTMENT OF STATE, Washington, December 28, 1960. The Honorable EMANUEL CELLER, DEAR MR. CHAIRMAN: I refer to your request for a report regarding the case of Zbigniew Ryba, beneficiary of H.R. 12375, 86th Congress, introduced by Mrs. Dwyer. The bill provides that for the purposes of sections 101 (a) (a7) (A) and 205 of the Immigration and Nationality Act, the beneficiary shall be held and considered to be the natural-born child of Helena Ryba, a citizen of the United States. According to information furnished by the American Embassy at Warsaw, Poland, the beneficiary was born Zbigniew Mazur, on May 1, 1952, at Wzdow, pow. Brzozow, woj. Rzeszow, Poland, where he resides with his widowed mother and two brothers aged 28 and 12. Another brother, aged 30, lives nearby with his wife and children. Mr. Mazur died in 1955, leaving the support of the children dependent on the working of five hectares (12.4 acres) of poor land by the mother and brothers. The beneficiary has completed only one grade of primary school. He is chargeable to the nonpreference portion of the Polish quota, which is heavily oversubscribed. He must, therefore, anticipate an indefinite waiting period before his case could be actively considered. An approved petition filed by the adoptive father was revoked after his death. The beneficiary has been found to be medically qualified to receive a visa. The beneficiary's oldest brother stated that he is unable to contribute to the support of his mother and three brothers, and the mother cannot support and educate the three remaining sons by herself. Mrs. Ryba is the widow of the beneficiary's mother's brother. It is believed that the statutory provision 101 (a) (a7) (A) mentioned in the bill is intended to refer to section 101 (a) (27) (A) of the act. Sincerely yours, ROBERT J. CAVANAUGH, Mrs. Dwyer, the author of this bill, submitted the following statement in support of this legislation: The beneficiary, a native of Poland, is the 9-year-old adopted son of Mrs. Helen Ryba of Linden, N.J., an American citizen. Mrs. Ryba and her late husband adopted the beneficiary in Poland in 1959 with the consent of his mother. The boy's father died in 1955, leaving his widow and three sons and a small plot of poor land inadequate to support them all. Mr. and Mrs. Ryba, who have contributed to the boy's support in Poland, filed a visa petition seeking fourth preference status for the beneficiary in August 1959, and it was approved by the Immigration and Naturalization Service in September. Two months later, however, Mr. Ryba died, thereby automatically canceling the approved petition. Understandably, Mrs. Ryba more than ever desires to have her adopted son with her in this country. A member of a large and highly respected family in her community, she has considerable financial and property assets and is unquestionably able to raise and support her son. She has, in addition, a number of relatives who are willing and able to guarantee future financial assistance should it become necessary. The subcommittee has on file a large number of statements and letters testifying to Mrs. Ryba's character, emotional stability, and capacity for successfully raising a son. Unless special legislation is approved, there appears to be no alternative to a delay of many years before the boy is permitted to join his adoptive mother. Upon consideration of all the facts in this case, the committee is of the opinion that H.R. 4553 should be enacted and accordingly recommends that the bill do pass. HARRY WEINSTEIN JUNE 13, 1961.-Committed to the Committee of the Whole House and ordered to be printed Mr. LANE, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 6996] The Committee on the Judiciary to which was referred the bill (H.R. 6996) for the relief of Harry Weinstein, having considered the same, report favorably thereon with an amendment and recommend that the bill, as amended, do pass. The amendment is as follows: Page 1, lines 9-10, strike out "United States District Court for the District of" and insert in lieu thereof "Law Division of the New Jersey Superior Court, Bergen County,". PURPOSE The purpose of the proposed legislation is to pay Harry Weinstock of Palisades Park, N.J., the sum of $750 as reimbursement for payment made by him out of his own funds in settlement of a civil suit brought against him as the result of a motor vehicle accident that occurred on December 14, 1957, while he was operating a Government vehicle in the course of his duties as an employee of the Post Office Depart ment. STATEMENT On December 14, 1957, Mr. Harry Weinstein, while operating a mail truck in the course of his official duties, collided with a privately owned automobile in which a Mrs. Rodriguez was a passenger. result of this accident a law suit was brought against him personally for injuries to said passenger. It was compromised in the sum of $750 which he paid by a lump sum payment of $250 and monthly installments of $41.66. This bill is similar to many others which have been approved and enacted into law. Had the action been brought against the Government under the Federal Tort Claims Act the postal employee would have been relieved of liability in this matter. Furthermore, the amount of the settlement is well within the limits of an administrative settlement permitted under said act, had the plaintiff sought such remedy, and again the employee would have been relieved of liability. In consideration of the facts and the favorable recommendation of the Post Office Department as set forth in its report which is incorporated here and made part hereof this committee recommends that this legislation be considered favorably. Hon. EMANUEL CELLER, POST OFFICE DEPARTMENT, Chairman, Committee on the Judiciary, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: Reference is made to your request for a report on H.R. 12946, a bill for the relief of Harry Weinstein. This measure would authorize the payment of $750 to Harry Weinstein of Palisades Park, N.J., as reimbursement to the said Harry Weinstein for payment made out of his own funds in settlement of an action brought against him in a New Jersey State court as a result of a motor vehicle accident which occurred at Palisades Park, N.J., on December 14, 1957. The records of this Department indicate that a mail truck operated by Mr. Weinstein in the course of his official duties as a mail carrier, collided with the rear of a privately owned automobile in which a Mrs. Rodrigues was a passenger; and that as a result of said accident, Mrs. Rodrigues sustained certain personal injuries for which she brought suit against the postal employee in a New Jersey State court where a compromise settlement was made in favor of the plaintiff in the amount of $750. Under the terms of the settlement, Mr. Weinstein was required to pay a lump sum of $250 and the balance in monthly installments of $41.66. The record further indicates that because of inclement weather, the postal chauffeur did not have adequate control of the Government vehicle at the time of the accident. In view of the foregoing, this Department recommends enactment of H.R. 12946 because, had the plaintiff brought this action against the Government under the Federal Tort Claims Act, the postal employee would have been relieved of liability in this matter. The Bureau of the Budget has advised that there is no objection to the submission of this report to the committee. Sincerely yours, |