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Steere to go to a foreign courtry, presumably Canada, for the purpose of securing a visa.

It should be noted that the woman, being the wife of an American citizen, is a nonquota alien and it is for this reason it is recommended that the last sentence be stricken from the bill.

The letter of the Attorney General, dated July 31, 1943, to the chairman of the committee, and quoted below, explains the case in detail:

Hon. SAMUEL DICKSTEIN,

Chairman, Committee on Immigration and Naturalization,

House of Representatives, Washington, D. C.

JULY 31, 1943.

MY DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department relative to a bill (H. R. 1715) for the relief of Mrs. Maria Virtudes Torres Steere.

The bill under consideration would provide that Mrs. Maria Virtudes Torres Steere shall be deemed to have been admitted to the United States for permanent residence as of August 6, 1928, if she is found to be admissible under the immigration laws, other than those relating to quotas.

It appears from the files of the Immigration and Naturalization Service of this Department that Mrs. Steere, who is 44 years of age, is a native and citizen of Spain. In September 1924, she was married in Spain to a native-born citizen of the United States. The couple remained in Spain until 1928, and during that period had two children. On August 6, 1928, the family entered the United States. Mr. Steere and the two children were admitted as citizens of the United States and Mrs. Steere was admitted as a temporary visitor. Due to some misunderstanding, Mr. Steere did not obtain a nonquota immigration visa for his wife, although she was entitled to one as the wife of a citizen of the United States (U. S. C. title 8, sec. 204 (a)). Since their arrival in the United States a third child was born to them.

The family at present resides in Inglewood, Calif., where Mr. Steere is employed as a toolroom clerk by the Los Angeles Shipbuilding & Dry Dock Corporation. The family has a good reputation in the community.

The records of the Federal Bureau of Investigation disclose no information which is adverse to Mrs. Steere.

There is an administrative remedy available to Mrs. Steere. As the wife of an American citizen she is entitled to a nonquota visa and may go to Canada for the purpose of securing that visa. After having secured it she may be admitted to the United States for permanent residence.

In view of this circumstance, I am unable to recommend the enactment of the bill, at least until the administrative remedy is exhausted.

If, however, the bill should receive favorable consideration, it is suggested that the last sentence of the measure be stricken, since no quota deduction should be made for a nonquota alien.

I have been advised by the Director of the Bureau of the Budget that there is no objection to the submission of this report.

Sincerely yours,

Attorney General.

After full consideration of the circumstances the committee was of the opinion that the bill has considerable merit and recommend that it do pass.

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MARCH 6, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. LESINSKI, from the Committee on Immigration and
Naturalization, submitted the following

REPORT

[To accompany H. R. 3434]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 3434) for the relief of Joseph Mrak, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass.

The amendments are as follows:

1. On page 1, lines 3 and 4, strike out the following: ", notwithstanding the provisions of the immigration laws,".

On page 1, line 8, add the following:

Upon the enactment of this Act the Secretary of State shall instruct the proper quota control officer to deduct one number from the Yugoslav quota of the first year that the said Yugoslav quota is available.

3. Strike out section 2.

The bill, as amended, reads as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Attorney General is authorized and directed to permit Joseph Mrak, of Johnstown, Pennsylvania, to remain permanently in the United States if he is found to be otherwise admissible under the provisions of the immigration laws other than quotas. Upon the enactment of this Act the Secretary of State shall instruct the proper quota control officer to deduct one number from the Yugoslav quota of the first year that the said Yugoslav quota is available.

PURPOSE OF THE BILL

The bill, as amended, would merely grant permanent admission to Joseph Mrak, a Yugoslav alien, who has been here for some time and who is steadily employed as a miner in the important coal industry.

GENERAL INFORMATION

A representative of the Department of Justice appeared and explained the bill.

Notwithstanding the recommendation of the Attorney General, the committee were of the opinion that the record was so favorable to the alien, including the fact that he was engaged in such an important industry, that he should not be required to lose the time incident to his departure for a foreign country in order to secure an immigration visa.

The first amendment is offered because it is inconsistent with the rest of the first sentence of the bill as it does not waive any of the provisions of the immigration laws except the necessity of the presentation of a quota visa.

The objective of the quota law is sustained by amendment No. 2 which provides that this man shall be charged against the Yugoslav quota.

The third amendment is offered because it was not the desire of the committee to interfere with the orderly naturalization procedure.

The letter of the Attorney General, dated February 12, 1944, addressed to the chairman of the committee, and quoted below, explains the bill in detail.

Hon. SAMUEL DICKSTEIN,

FEBRUARY 12, 1944.

Chairman, Committee on Immigration and Naturalization,
House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department, relative to a bill (H. R. 3434) for the relief of Joseph Mrak. The bill would provide that the Attorney General is authorized and directed to permit the beneficiary to remain permanently in the United States if he is found to be admissible under the immigration laws other than those relating to quotas and that he may, within 1 year after the enactment of the act, be naturalized by taking the oath of allegiance before any court having proper jurisdiction. It appears from the files of the Immigration and Naturalization Service of this Department that Joseph Mrak was born August 15, 1899, in Yugoslavia. He tried but was unable to secure entry into the United States, and so proceeded to Canada in 1928. He was naturalized as a Canadian citizen in 1936 and remained in that country until 1939. About October 20, 1939, he entered the United States presumably to stay 1 day, but proceeded to his sister's home in Conemaugh Township, Pa. He has resided in the United States since that time. He was arrested by the Immigration and Naturalization Service September 3, 1943, and an order was entered granting him permission to depart from the United States. An investigation conducted by the Immigration and Naturalization Service indicates that Mr. Mrak has been employed as a miner during the time he has been in this country. He has a wife and three children in Yugoslavia to whom he has sent considerable money. He has saved $2,500, stating he has done so in order to bring his family into the United States after the war. He owns $750 in War bonds and a 10-percent deduction is made from his salary of approximately $200 each month for additional purchases. Due to the small size of the community in which he lives, only two witnesses were available to testify to his character and they spoke highly of him. It appears that he is a hard-working, honest individual.

The quota for Yugoslavia is open and, therefore, an administrative remedy is available to Mr. Mrak. He is a citizen of Canada and there appears to be no reason why he should not attempt to return to that country and apply for an immigration visa.

The second provision of the bill would permit Mr. Mrak to be naturalized without compliance with the residence and other requirements of the naturalization laws.

The President in a veto message transmitted on October 10, 1940, returning a private bill (H. R. 7179; 76th Cong., 3d sess.) to permit the naturalization of a specific alien stated "Resort to naturalization by private act should be permitted, if at all, only in unusual and unique circumstances." No such circumstance is per

ceived in this instance.

In view of the foregoing consideration, I am unable to recommend the enactment of the bill.

I have been informed by the Director of the Bureau of the Budget that there is no objection to the submission of this report.

Sincerely yours,

Attorney General.

After full consideration of the circumstances the committee were of the opinion that the bill has considerable merit and recommend that, as amended, it do pass.

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