United States if she is granted permission to do so, and I
have with me an affidavit from Mr. Miller's wife certifying
that she is anxious to have Hyacinth as a part of her family
and would want to undertake to adopt her as her daughter.

I urge that the subcommittee approve H.R. 1383 in order to
extend to the beneficiary of the bill the added advantages
of a life with her father and a family that can more ade-
quately provide for her.

Mr. Stratton also submitted the following affidavits in support of his bill:

To Whom It May Concern:

JUNE 2, 1961.

I, Leona Mae Miller, wife of Robert Miller residing at No. 116 Washington Street, Gloversville, N.Y., swear that it is my earnest desire to have Hyacinth Louise Miller of Jamaica, West Indies, reside in my home and further that I intend to seek to have her adopted as my daughter.

LEONA MAE MILLER.

Sworn to and subscribed before me this 2d day of June 1961, at Gloversville, N.Y. (Fulton County).

[SEAL]

My commission expires March 30, 1962.

To Whom It May Concern:

WESLEY S. FRANK,

Notary Public.

I, Robert Miller, of 116 Washington Street, Gloversville, N.Y., declare that I am the father of Hyacinth Louise Miller born to Sylvia Bolt on the 25th day of December 1943, at Kingston, Jamaica, West Indies, and presently residing at 29% Beeston Street, Kingston, Jamaica, West Indies, and I also state that I have always contributed to my daughter's support from date of her birth.

ROBERT MILLER. Subscribed and sworn to before me this 9th day of July 1958. [SEAL] GRACE TAYLOR FRYE,

Commission expires March 30, 1959.

Notary Public.

Upon consideration of all the facts in this case, the committee is of the opinion that H.R. 1383 should be enacted and accordingly recommends that the bill do pass.

O

MRS. VICENTA A. MESSER

JUNE 12, 1961.-Committed to the Committee of the Whole House and ordered to be printed

Mr. MOORE, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H.R. 1486]

The Committee on the Judiciary, to whom was referred the bill (H.R. 1486) for the relief of Mrs. Vicenta A. Messer, having considered the same, report favorably thereon with amendment and recommend that the bill do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That Mrs. Vicenta A. Messer, the widow of a United States citizen, shall be deemed to be within the purview of section 101(a) (27) (A) of the Immigration and Nationality Act, and the provisions of section 205 of that Act shall not be applicable in this case.

PURPOSE OF THE BILL

The purpose of this bill, as amended, is to facilitate the admission into the United States of Mrs. Vicenta A. Messer. The bill has been amended in accordance with established precedents.

GENERAL INFORMATION

The beneficiary is a 49-year-old widow who is a native of the Philippine Islands and a citizen of Spain. She was admitted to the United States as a visitor in 1953 and subsequently married a U.S. citizen. She departed to obtain an immigrant visa but before it was issued her husband died. The beneficiary was again admitted to the United States as a visitor in 1958 and returned to the Philippines because of the illness of her mother. The beneficiary's son by her first marriage derived U.S. citizenship through his father and came to the United States in 1951. He served in the U.S. Air Force from 1954 until 1958 when he was honorably discharged because of tuber

culosis. The committee has been advised orally by the Commissioner of Immigration and Naturalization that he has reenlisted in the Air Force and is presently stationed in Japan. His wife, a lawfully resident alien, is presently visiting with the beneficiary in the Philippines.

Certain pertinent facts in this case are contained in a letter dated April 13, 1961, from the Commissioner of Immigration and Naturalization to the chairman of the Committee on the Judiciary. That letter and accompanying memorandum read as follows:

U.S. DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, Washington, D.C., April 16, 1961.

Hon. EMANUEL CELLER,

Chairman, Committee on the Judiciary,

House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: In response to your request for a report relative to the bill (H.R. 1486) for the relief of Mrs. Vicenta A. Messer, there 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 San Francisco, Calif., office of this Service, which has custody of those files.

The bill is apparently intended to exempt the beneficiary from a restrictive provision of the Immigration and Nationality Act, and, if she is otherwise admissible under that act, provide for her admission to the United States for permanent residence. The committee may wish to amend the bill to include the specific exemption from the Immigration and Nationality Act which is implied by use of the word "otherwise" in line 5 of the bill as drawn.

As a quota immigrant the beneficiary would be chargeable to the quota for the Philippines.

Sincerely,

J. M. SWING, Commissioner.

MEMORANDUM OF INFORMATION FROM IMMIGRATION AND
NATURALIZATION SERVICE FILES RE MRS. VICENTA A.
MESSER BENEFICIARY OF H.R. 1486

Information concerning this case relating to matters sub-
sequent to the beneficiary's departure was obtained from
Vincent Louis De Paul, the beneficiary's son, who is the in-
terested party.

Vicenta Messer, nee Azcarate, a native of the Philippines
and a citizen of Spain, was born on June 8, 1911.
She re-
sides at Quezon City, Philippine Islands. Her marriage to
Arthur A. De Paul at Manila, Philippine Islands, was termi-
nated by divorce on September 29, 1939. Her marriage to
Charles R. Messer on August 11, 1953, at Madison, Wis.,
ended with his death on September 4, 1954. Both husbands
were citizens of the United States. In the Philippines, Mrs.
Messer attended 11 years of elementary and high school, re-
ceived 1 year of training as a dressmaker and studied 6
years at a music conservatory in Manila. Since September
5, 1954, she has received a Veterans' Administration pension
of $147 a month, based on Mr. Messer's U.S. Navy service.

She has received $25 a month from her son since November
1958. She has $1,150 in savings in the Philippines. The
beneficiary has a sister in the United States. Her mother,
three brothers, and a sister reside in the Philippines. Her
father is deceased.

The beneficiary resided in the Philippines until her admission to the United States as a visitor at San Francisco, Calif., on May 3, 1953. Following her marriage to Mr. Messer, she departed through San Francisco, Calif., on May 30, 1954, for the purpose of obtaining an immigrant visa in Manila. Mr. Messer died before the visa was issued. The beneficiary was last admitted to this country at Honolulu, Hawaii, on June 1, 1958, as a visitor for business and received extensions of stay, the last of which expired on May 30, 1959. The beneficiary departed from the United States at Honolulu, Hawaii, on September 14, 1960. She returned to the Philippine Islands because of the serious illness of her mother there.

Vincent Louis De Paul, a native of the Philippines and a citizen of the United States through his father, was born on November 28, 1935. He was married at San Francisco, Calif., on February 4, 1959, to Socorro Tolentino, a native and citizen of the Philippines, who was admitted to the United States in May 1957 as a student. Her status was adjusted to that of a permanent resident of this country on November 9, 1960. They have one U.S. citizen child, Joseph Anthony De Paul, who was born on February 4, 1960, in San Francisco. The interested party and his family live in Concord, Calif.

The interested party attended school in the Philippines for 7 years and in the United States for 2 years. He has been employed since October 1960 as a teletypist at a salary of $240 a month. He also receives $264 a month as disability compensation from the U.S. Veterans' Administration. His wife is unemployed. Their assets consist of an equity of $400 in a house valued at $14,800, furniture worth $1,800, on which they owe $400, and an equity of $1,700 in an automobile valued at $2,500.

Mr. De Paul lived in the Philippines until his admission to the United States on July 11, 1951. He enlisted in the U.S. Air Force on February 25, 1954. He contracted tuberculosis while serving in Africa between May 6, 1956, and November 21, 1957. He was hospitalized until August 5, 1958, at the veterans' hospital, Livermore, Calif. On March 31, 1958, he was honorably discharged as an airman, second class, and placed on the temporary disability retired list. His case will be reviewed in 1963. He is a member of the Disabled American Veterans.

Private bill H.R. 6763, 86th Congress, introduced in the beneficiary's behalf, was not enacted.

Mr. Baldwin appeared before a subcommittee of the Committee on the Judiciary and testified in support of his bill, as follows:

Mr. Chairman, it is a pleasure to appear before you on behalf of H.R. 1486, which I have introduced for the relief of

Mrs. Vicenta A. Messer. Mrs. Messer is a native of the
Philippines, and is a citizen of Spain. H.R. 1486 would
enable her to be admitted into the United States for perma-
nent residence and to live with her only son, Mr. Vincent L.
DePaul, who lives in Concord, Calif., in my congressional
district, and who is a citizen of the United States through his
father, Arthur A. DePaul, who married Mrs. Messer in the
Philippines. This marriage terminated in divorce in 1939.

On August 11, 1953, Mrs. Messer married another U.S.
citizen, Mr. Charles R. Messer of Madison, Wis. She and
Mr. Messer lived in the United States for approximately
1 year, and then she left for Manila to obtain an immigrant
visa. Mr. Messer died before the visa was issued. Other-
wise she would have been admitted for permanent residence
at that time.

In view of the fact that Mrs. Messer's only son is a U.S. citizen, I believe it would be better for all concerned if she could be admitted to the United States to live permanently with her son. He receives a combined income of over $500 per month, and has indicated that he would be glad to provide for her support. He has sent her $25 per month since November 1958. Mrs. Messer also receives a veteran's pension of $147 per month, based upon her deceased husband's (Mr. Messer) U.S. Navy service.

I hope very much that your committee can approve this bill.

Upon consideration of all the facts in this case, the committee is of the opinion that H.R. 1486, as amended, should be enacted and accordingly recommends that the bill do pass.