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FRANCESCA LUCARENI

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

to be printed

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

following

REPORT

(To accompany H. R. 5155)

The Committee on the Judiciary, to whom was referred the bill (H. R. 5155) for the relief of Francesca Lucareni, a minor, 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 facilitate the admission into the United States of an 18-month-old infant girl, apparently born in Italy and remaining in the legal custody of a chief warrant officer of the United States Army and his wife, Mr. and Mrs. William F. Kretzinger.

GENERAL INFORMATION

The pertinent facts in this case are set forth in a letter dated June 30, 1949, from the assistant to the Attorney General to the chairman of the Committee on the Judiciary, which letter reads as follows:

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

House of Representatives, Washington, D. C. Ay Dear MR. CHAIR LAN: This in in response to your request for the views of the Department of Justice relative to the bill (H. R. 5155) for the relief of Francesca Lucareni, a ninor

The bill would provide that illiam F. Kretzinger, chief warrant officer. United States Irmy, and his wife, Mildred Sole Kretzinger, shall be declared to be the natural parents of the infant Francesca Licareni, the custody of the infant having been granted to them on January 17, 1948, in accordance with French laws

The records of the Immigration and Naturalization Service of this Department disclose that the beneficiary of this bill is an Italian-born infant girl who was found abandoned on January 29, 1948, in the hall of a building in the city of Leghorn, Italy, when she was presumably about 10 days old. Since the parties concerned are presently in Italy, most of the information in the files is contained in an affidavit executed by Mr. and Mrs. William F. Kretzinger, the present legal 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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FRANCESCA LUCARENI

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

to be printed

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

following

REPORT

(To accompany H. R. 5155)

The Committee on the Judiciary, to whom was referred the bill (H. R. 5155) for the relief of Francesca Lucareni, a minor, 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 facilitate the admission into the United States of an 18-month-old infant girl, apparently born in Italy and remaining in the legal custody of a chief warrant officer of the United States Army and his wife, Mr. and Mrs. William F. Kretzinger.

GENERAL INFORMATION

The pertinent facts in this case are set forth in a letter dated June 30, 1949, from the assistant to the Attorney General to the chairman of the Committee on the Judiciary, which letter reads as follows:

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

House of Representatives, Washington, D. C. Ay Dear MR. HAIR LAN: This in in response to your request for the views of the Department of Justice relative to the bill (H. R. 5155) for the relief of Francesca Lucareni, a ninor.

The bill would provide that illiam F. Kretzinger, chief warrant officer. United States Army, and his wife, Mildred ole Kretzinger, shall be declared to be the natural parents of the infant Francesca Licareni, the custody of the infant having been granted to them on January 17, 19:18, in accordance with French laws

The records of the Immigration and Naturalization Service of this Department disclose that the beneficiary of this bill is an Italian-born infant girl who was found abandoned on January 29, 1948, in the hall of a building in the city of Leghorn, Italy, when she was presumably about 10 days old. Since the parties concerned are presently in Italy, most of the information in the files is contained in an affidavit executed by Mr. and Mrs. William F. Kretzinger, the present legal guardians of little Francesca Lucareni. Mr. William F. Kretzinger, a chief warrant officer of the United States Army, stationed in the city of Leghorn, Italy, and his wife, both being under 50 years of age, were not eligible under Italian law to adopt the infant, but were given legal custody. They have pledged themselves, however, to her support and education, and have received authority from the Italian Government to bring the child with them to the United States for adoption. Mr. Kretzinger is a native-born citizen of the United States. His salary and allowances as a chief warrant officer average $432 a month. He carries Government life insurance in the amount of $10,000. He stated that he is eligible for reserve duty, with reserve pay of $115 per month, and will be entitled to retirement pay of $266 per month upon completion of 10 more years of service. He further stated that he is able and willing to maintain, support, and be responsible for the infant and if the child is permitted to enter the United States he will guarantee she will never be a public charge. Mrs. Kretzinger, formerly Mildred Cole, was born in Chicago, III. There is nothing in the file to indicate that either Mr. or Mrs. Kretzinger would be objectionable as adoptive parents of this child.

Whether this bill should be enacted presents a question of legislative policy concerning which the Department of Justice desires to make no recommendation. If the committee is favorably inclined toward the bill, however, it is suggested that it be amended to read as follows:

"That notwithstanding the quota limitations now provided by law, a quota immigration visa may be issued to Francesca Lucareni, a native-born infant citizen of Italy (who is presently in the custody of Mr. William F. Kretzinger, chief warrant officer, United States Army, presently stationed in Leghorn, Italy, and his wife, Mildred Cole Kretzinger, who desire to adopt her if permitted to bring her to the United States), upon application hereafter made provided she is otherwise admissible under the immigration laws.

“Sec. 2. Upon the issuance of a visa to the infant, Francesca Lucareni, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the nonpreference category of the first available immigration quota for nationals of Italy." Yours sincerely.

PEYTON FORD,

The Assistant to the Allorney General. Mr. Hinshaw, the author of the bill, appeared before a subcommittee of the Committee on the Judiciary and urged the enactment of his measure, submitting the following additional information.

Chief Warrant Officer William F. Kretzinger and his wife, now stationed in Italy with the graves registration service, obtained legal custody of an infant, a foundling, abandoned in Leghorn, Italy, and named, by the Provincial Institution for the Protection and Assistance of Infancy, Francesca Lucareni. Under the laws of Italy it is not possible for Mr. and Mrs. Kretzinger to adopt the child as the Italian laws require the adopting parents to be at least 50 years of age. The Italian authorities have granted the custody of the child to Mr. and Mrs. Kretzinger and have issued the child a passport in order that the legal guardians may bring the child to the United States where it could be legally adopted. However, under the immigration laws it is not possible to bring the infant to the United States except under the normal quota for Italy which is oversubscribed for several years. Chief Warrant Officer Kretzinger will complete his tour of duty very shortly and is scheduled to return to the United States. In numerous letters and affidavits Mr. and Mrs. Kretzinger state that the fact that they have been taking care of the child since it was 10 days old and having fallen in love with the infant, their separation from it will mean extraordinary hardship for them.

Having considered all the facts in this case, the committee is of the opinion that H. R. 5155 should be enacted and it accordingly recommends that the bill do pass.

O

MRS. GIUSTINA SCHIANO LOMORIELLO

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. 51601

The Committee on the Judiciary, to whom was referred the bill (H. R. 5160) for the relief of Mrs. Giustina Schiano Lomoriello, 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 permit Mrs. Giustina Schiano Lomoriello, a native-born former citizen of the United States who lost her citizenship by voting in an Italian election, to regain her American citizenship.

GENERAL INFORMATION The pertinent facts in this case are set forth in a letter from the Assistant Secretary of State, dated June 22, 1949, to the chairman of the Committee on the Judiciary, which letter reads as follows:

JUNE 22, 1949. Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary,

House of Representatives. MY DEAR MR. CELLER: References is made to your letter of June 15, 1949, requesting a report on H. R. 5160, a bill for the relief of Mrs. Giustina Schiano Lomoriello.

The records of the Department show that on June 18, 1926, one Sadie Schiano applied for a passport in which she stated that she was born at Brooklyn, N. Y. on September 1, 1907. On June 25, 1926, a passport was issued upon such application to enable the applicant to visit relatives in Italy. The records further disclose that one Giustina Śchiano applied for registration as an American citizen

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