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to the United States at Newport News, Va., on October 16, 1947, as a student under section 4 (e) of the Immigration Act of 1924 for a period of approximately 6 months, ending May 4, 1948. He was destined to Georgetown University, where his uncle, with whom he lives and who is responsible for his support, had arranged for him to take a postgraduate course. He stated that he had received a doctor's degree in medicine from the University of Istanbul, Turkey, after having had 6 years' medical training in universities of Turkey, but found upon his arrival that he could not be admitted to Georgetown University due to a change in the administration of the medical school. Instead, he accepted an internship at St. Elizabeths Hospital, Washington, D. C., offered to him by the Superintendent, Dr. Overholzer, for which he is paid no salary and receives no subsistence. Dr. Konchegul attends' lectures relative to various phases of psychiatry during the day and also assists in making history sheets and diagonses of new patients. It appears that he took a brief postgraduate course of 2 weeks' duration in psychiatry and of 1 week's duration in neurology at George Washington University in February and March of 1918. He has made no application for extension of his admission into the United States beyond the original May 4, 1948, date, but states he is relying on Dr. Overholzer to secure adjustment of his immigration status. He says it will take at least two more years of internship or fellowship at St. Elizabeths Hospital before he will receive a certificate. The alien is unlawfully overstaying his admission, but deportation proceedings have been held in abeyance pending consideration of this bill.

The quota of Turkey to which the beneficiary of the bill would be chargeable is oversubscribed for many years and an immigration visa may not be readily obtained, but the facts presented in this alien's case are not sufficiently impelling to justify granting him a preference over the many other citizens of his country who are awaiting immigration visas.

Accordingly, the Department of Justice is unable to recommend the enactment of this bill. Yours sincerely,

PEYTON FORD,

The Assistant to the Attorney General. The beneficiary of this measure has been highly recommended to the Committee on the Judiciary by Dr. Winfred Overholzer, the Superintendent of St. Elizabeths Hospital, who appeared before a subcommittee and stressed the excellent moral character and high professional qualifications of Dr. Konchegul, pointing out the fact that at this time there are more than 900 vacancies for psychiatrists in the United States.

The committee is of the opinion that the vital need of Dr. Konchegul's services in the United States has been well established and it, therefore, recommends that H. R. 2928, do pass.

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18t Session

No. 1035

ALFRED BAUMGARTS

JULY 13, 1949.- Committed to the Committee of the Whole House and ordered

to be printed

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

following

REPORT

To accompany Il. R. 3413

The Committee on the Judiciary, to whom was referred the bill (H. R. 3413) for the relief of Alfred Baumgarts, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to grant permanent residence in the United States to a native of Latvia whose family has been lawfully admitted into the United States.

GENERAL INFORMATION

The pertinent facts in this case are set forth in a letter from the Assistant to the Attorney General, dated June 20, 1949, to the chairman of the Committee on the Judiciary, which letter reads as follow's:

JUNE 20, 1949. tion. LAMANUEL CELLER, Chairman, Committee on the Judiciary,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN. This is in response to your request for the views of the Department of Justice with respect to the bill "(H. R. 3413) for the relief of Alired Baumgarts, an alien.

The bill would direct the Attorney Generai, in the administration of the immigration and naturalization laws, to record the lawful admission for permanent residence of Alfred Baumgarts at the port of New York, as of February 24, 1949, the date on which he entered the United States. The bill would also direct the Secretary of State to instruct the quota-control officer to deduct one number from the appropriate immigration quota.

The records of the Immigration and Naturalization Service of this Department disclose that Mr. Baumgarts was born in Latvia on August 17, 1897, and is a citizen of that country He resided there until 1928 when he went to Brazil for a year. In 1929, he proceeded to Berlin, Germany, and remained there until 1939, during which time he owned and operated a book store which dealt in English, French, and Italian books. The alien has stated that at the outbreak of World War II, he was requested by the German authorities to leave Berlin because of his non-German citizenship. Since that time he has maintained a residence in Paris, France, where he owns a dress shop valued at $18,000. He married a native of Germany in 1940 and has three children ranging in age from 114 to 8 years. His wife and children were admitted to the United States on May 27, 1948, as permanent residents, and are presently residing in Milton, Mass. Mr. Baumgarts last entered this country at the port of New York on February 25, 1949, when he was admitted as a visitor for a period of 2 months. He stated at that time that he was destined to his wife who was ill at her home in Milton.

The alien apparently has sufficient funds in this country to support himself and his family.

Whether the bill should be enacted presents a question of legislative policy concerning which this Department prefers not to make any suggestion. Yours sincerely,

PEYTON FORD,

The Assistant to the Attorney General. Mr. Wigglesworth, the author of the bill

, appeared before a subcommittee of the Committee on the Judiciary and urged the enactment of his measure, stressing the fact that the beneficiary is a substantial businessman whose wise and three children were admitted into the United States as permanent residents and are presently residing in Milton, Mass., while the husband is only a visitor. The wife and children were chargeable to the German quota while the beneficiary, having been born in Latvia, is chargeable to the very small (236 per year) quota for that country. The family would be indefinitely separated if the husband would not be permitted to remain with his wife and children through private legislation.

The committee, after having considered all the facts in the case, is of the opinion that the bill, H. R. 3413, should be enacted.

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81sT CONGRESS | HOUSE OF REPRESENTATIVES 1st Session

ANNIE BALAZ

JULY 13, 1949.- Committed to the Committee of the Whole House and ordered

to be printed

Mr. CASE of New Jersey, from the Committee on the Judiciary,

submitted the following

REPORT

(To accompany H. R. 38371

The Committee on the Judiciary, to whom was referred the bill (H. R. 3837) for the relief of Annie Balaz, 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 for the purposes of the immigration and naturalization laws, Annie Balaz shall be considered to be the natural-born daughter of Mr. and Mrs. Andrej Balaz, United States citizens.

PURPOSE OF THE BILL The purpose of the bill is to facilitate the entry into the United States of a 9-year-old native and citizen of Czechoslovakia who is the granddaughter of Mr. and Mrs. Andrej Balaz, citizens of the United States and residents of Bethlehem, Pa. The purpose of the amendment is to avoid a precedent of having a visa issued through legislative enactment.

GENERAL INFORMATION The pertinent facts in this case are set forth in a letter from the Assistant to the Attorney General, dated June 30, 1949, to the chairman of the committee, which letter reads as follows:

JUNE 30, 1949. Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 3837) for the relief of Annie Balaz, an alien.

The bill would authorize the Secretary of State and the Attorney General to provide for the admission into the United States for permanent residence of Annie Balaz, a native and citizen of Czechoslovakia. It would also direct the Secretary of State to instruct the quota-control officer to deduct one number from the appropriate quota.

The records of the Immigration and Naturalization Service disclose that the alien was born on November 5, 1940, in Dobra Niva, Czechoslovakia. Her father died in 1945, and she and her mother then went to reside in the home of her grandmother, Mrs. Andrej Balaz, who was temporarily residing in Czechoslovakia. In 1947 the alien's mother deserted her, and the alien went with her grandmother to reside on her father's farm. She was supported and cared for by the grandmother until October 1948, when her grandmother returned to her home in Bethlehem, Pa. The alien has since lived in the home of her great-grandfather in Czechoslovakia and is being cared for by a friend. She has not been supported by her mother, nor has the mother visited her since 1947.

The alien’s grandparents, Mr. and Mrs. Andrej Balaz, wish to bring her to the United States to reside with them, Mr. Balaz was naturalized as a citizen of the United States on January 25, 1932. He states that he owns a small farm in Dobra Niva, Czechoslovakia, and applies the rents therefrom to the support of the alien child. He also has a small bank account in that country which is used for her support. He states that the income from the farm in Czechoslovakia is barely enough to furnish a living for the alien and her great-grandfather, and that he is financially able and willing to support her in this country. This girl does not appear to qualify as an eligible displaced person or as an eligible displaced orphan under the Displaced Persons Act.

The quota of Czechoslovakia, to which the alien is chargeable, is oversubscribed, and a quota immigration visa is not readily obtainable.

Whether this bill should be enacted involved a question of legislative policy concerning which this Department prefers not to make any recommendation. Yours sincerely,

PEYTON FORD,

The Assistant to the Attorney General. From the information submitted to a subcommittee of the Committee on the Judiciary by Mr. Walter, the author of the bill, Mr. and Mrs. Andrej Balaz, American citizens, went to Czechoslovakia after the death of their son, who was the father of the beneficairy of this bill. The child was abandoned by her mother, and the grandparents made preparations in order to adopt the child upon its admission into the United States. The only surviving relative of the child who remains in Czechoslovakia is its 79-year-old great-grandfather, who is at the present time the only guardian of the young girl. This greatgrandfather is already in possession of an immigration visa entitling him to come to the United States; but, being unwilling to leave the child alone, he is still in Czechoslovakia awaiting the disposition of this bill.

After baving considered all the facts in this case, the committee are of the opinion that H. R. 3837 should be enacted and, accordingly, recommend that the bill do pass.

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