JANUARY 4, 1954. Hon, WILLIAM LANGER, United States Senate, Washington, D. C. DEAR SENATOR: In response to your request of the Department of Justice for a report relative to the bill (S. 2068) for the relief of Francesco Marinelli, there is annexed a memorandum of information from the Immigration and Naturalization Service files concerning the beneficiary. The bill would confer nonquota status upon the alien child by providing that he shall be considered the stepchild of a citizen of the United States. As a quota immigrant the beneficiary would be chargeable to the quota of Italy. Sincerely, Commissioner. MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE FRANCESCO MARINELLI, BENEFICIARY OF S. 2068 The facts regarding this case were obtained from the sponsor of the bill, M. Sgt. Russell A. Lachmiller. The beneficiary is a native and citizen of Italy who was born out of wedlock on October 31, 1941, to Franco Buccico, now deceased, and, Maria Marinelli. His mother was married on September 27, 1947, to the sponsor a nativeborn citizen of the United States. He now resides in Italy. The sponsor was born on March 6, 1921, at San Antonio, Tex. He entered the Naval Reserve in July 1938 and was discharged in May 1941. He entered the United States Army on October 15, 1942, and was discharged on March 11, 1945. In 1948 he reenlisted. He is still in the Armed Forces and is presently stationed at Fort Monroe, Va. He earns $244 per month, plus allowances; has a bank account of $1,500; furniture valued at $3,000 and an automobile valued at $3,100. His dependents are his wife, the beneficiary, and a son born in 1952. Hon. RICHARD B. RUSSELL, APO 757, CARE OF POSTMASTER, United States Senate, Washington 25,D. C. DEAR SENATOR RUSSELL: I am taking the liberty of writing to you for assistance in a matter of great importance to me. On September 27, 1947, I was married to my present wife, Mrs. Maria Lachmiller, in Livorno, Italy, she being a citizen of Italy. This marriage was approved 'by the United States military authorities in Italy and was performed both by the Italian civil authorities and American church officials. At the time of this marriage my wife had a 5-year-old son, Francesco Marinelli. I took this boy as my stepson and provided support for him. In March 1948, my family and I went to the United States. At the time of entry into the United States my wife was entered for permanent residence, and I was told that my stepson also was entered in the same manner. We remained in the United States, both at Fort Benning, Ga., and Camp Gordon, Ga., until October 1949 when I was ordered to Germany by the Army. I applied for reentry permits for my wife and stepson as both were returning with me to Germany and these would be necessary for their return to the United States upon completion of my tour of duty. I received the reentry permit for my wife, but was told by the immigration officer that no permit could be issued to my stepson as he had been entered only on temporary visa, and I was to apply again for permanent visa after I returned to Germany. This I did soon after arriving in Frankfurt/Main, Germany. I was notified by the American consul, Frankfurt, Germany, in April 1951 that a visa for my stepson could be obtained at that time. Inasmuch as I had over a year to do in Germany before I was due for rotation to the United States, the consul informed me that I didn't have to receive the visa at that time, but to wait until I was ready to go back to the United States, and then come in and get the visa. During all this time I was having my wife's reentry permit renewed at the required times. On January 13, 1953, I applied again for renewal of my wife's reentry permit and was told that due to the new immigration law that her permit could not be renewed as it was no longer valid. I also inquired as to the immigration status of my stepson. I was told that I had to submit a petition for immigration on his behalf. This I did on January 14, 1953. At the time of submitting said petition I used the only forms available at the American consul, Frankfurt/Main, Germany. These were the old type that were superseded by the new form 1-33. I was told to go ahead and submit them anyway in the hopes that they would accept them at the Immigration Department in lieu of the new forms not available in Europe. Now I have been informed by the American consul that these forms that I submitted may not be accepted. Inasmuch as I am to be returned to the United States on rotation from Foreign Service on May 25, 1953, and if this petition is not accepted because of not being submitted on the correct form, it will mean that I would have to leave my stepson here in Europe and return without him. This will cause great hardship and anxiety on the part of my wife and myself. I have had the boy with me as my son for the past 6 years and he has attended only American schools both here and in Georgia. It would be deeply appreciated by my wife and I for any assistance that you may render toward the approval of the petition that I submitted for a permanent residence visa for my stepson, Francesco Marinelli. I have been in the service for 13 years as both an officer and enlisted man and have had no court-martials or civil convictions whatsoever. My home is in Moultrie, Ga., where my father, who is a retired Regular Army colonel, now resides. Thanking you in advance for any assistance that you may be able to accomplish in this matter. Sincerely yours, RUSSELL A. LACHMILLER, The committee, after consideration of all the facts in the case, is of the opinion that the bill (S. 2068), as amended, should be enacted: 58003-55 S. Repts., 83-2, vol. 3- -74 83D CONGRESS 2d Session SENATE REPORT No. 1521 TERRANCE WALLER JUNE 7 (legislative day, MAY 13), 1954.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany 8. 2147] The Committee on the Judiciary, to which was referred the bill (S. 2147) for the relief of Terrance Waller, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. AMENDMENT On page 1, line 7, strike the figure "$1,000.00" and insert in lieu thereof the figure "$840.79". PURPOSE The purpose of the proposed legislation as amended is to authorize and direct the Secretary of the Treasury to pay the sum of $840.79 to Terrance Waller, captain, United States Marine Corps Reserve (034032), of Challis, Idaho, in full satisfaction of his claim against the United States for active-duty pay and allowances incident to active service between June 12, 1952, and July 25, 1952. STATEMENT The records of the Department of the Navy disclose that claimant herein by orders dated January 7, 1952, was assigned to temporary active duty and directed to report to the Naval Air Station, Spokane, Wash., on April 2, 1952, for a flight physical examination to determine his physical fitness for assignment to extended active duty. In the event he was found physically qualified these orders also assigned claimant to extended active duty on such date as would enable him to proceed and report on May 2, 1952, later modified to June 16, 1952, to the Marine Air Reserve Training Command, Seattle, Wash. On April 2, 1952, claimant reported; for physical examination, was found physically qualified for active Marine service, and was directed to carry out his basic orders. Records further disclose that both prior to, and at the time of, the examination, claimant notified the proper authorities that in October 1947 he suffered a convulsive seizure, was hospitalized, and was advised to continue on anticonvulsive medication. On June 14, 1952, Captain Waller was admitted to the sicklist at the Naval Air Station, Seattle, Wash., with diagnosis of epilepsy, grand mal. Claimant was transferred the following day to the naval hospital at Bremerton, Wash., for treatment. By dispatch of June 20, 1952, that portion of claimant's orders that directed him to proceed and report to the Marine Air Reserve Training Center, Seattle, Wash., on June 16, 1952, was revoked. Following treatment in two naval hospitals, he was discharged July 22, 1952. Claimant requested pay and benefits from the Navy Department for the total period of active service rendered by him between June 12 and July 25, 1952. The Navy Department advised the claimant by letter dated September 8, 1952, that 2 days, June 15 and 16, 1952, were authorized for travel under the circumstances of his case and, therefore, at the time he was admitted to the sicklist at the Naval Air Station, Seattle, Wash., on June 14, 1952, he was not "being employed in authorized travel" to active duty within the meaning of section 7 of the Naval Reserve Act of 1938. Claimant was also advised that inasmuch as he did not report as directed by his orders because of hospitalization, he was not "employed on active duty" within the meaning of section 7 above, and that it was the opinion of the Navy Department that he was not entitled to active-duty pay and allowances or mileage for the period from June 14 to July 22, 1952. The Navy Department in reporting on the instant bill to this committee advises that a review of the records pertinent to this case indicates that Captain Waller should not have been found physically qualified for active service when he was given his physical examination in April 1952. Pertinent regulations provide that unless waiver of the disability is obtained, a person should not be found physically qualified for extended active duty if he suffers from paroxysmal convulsive disorders and disturbances of consciousness. However, Captain Waller at the time he took his physical examination notified the appropriate authorities that he had suffered a disorder of this nature. The Navy Department is of the opinion that because Captain Waller had placed the proper authorities on notice of his disability and that he had traveled to his appointed duty station in pursuance to his active-duty orders prior to the date of his admission to the sick list, equities may be considered to exist in his favor. The Navy Department, therefore, states that they would interpose no opposition to the enactment of S. 2147. The committee is of the opinion that this claim should be considered favorably. This officer should not be penalized for his being found physically qualified for active duty, when in fact he was not so qualified. The committee believes that equitable considerations require reimbursement in the amount of $840.79 to cover his travel expenses |