His wife is member of the United States Army. One child was born to them in Munich, Germany, on March 19, 1952. His wife and child live with him. not employed. His father lives in Mexico. Senator Dennis Chavez, the author of the bill, has submitted the following information in connection with the case: MEMORANDUM RE S. 2135, FOR THE RELIEF OF FERNANDO A. RUBIO, Jr. 1. Born in Barcelona, Spain, December 26, 1926. Father is Fernando A. Rubio and mother is Mercedes Boada de Rubio, both of Barcelona. In November 1938 was brought to the United States by parents and has been in America since then. In the summer of 1941, went to Mexico on a brief vacation and in January 1942 reentered the United States under Spanish quota from Mexico as an immigrant. Presently holds a commission of captain, Medical Corps, United States Army. Educational history (a) Grammar schools: 1938-39, Lawrenceville Academy, Lawrenceville, N. J.; 1939-40, La Salle Military Academy, Oakdale, N. Y., graduated in 1940, first in class. (b) High school: 1940-44, La Salle Military Academy, graduated in 1944, fourth in class. (c) College: Georgetown University, Washington, D. C., 1944-46, 108 credits. (d) Medical school: Georgetown University, Washington, D. C., 1946-50, graduated 20th in class of 86. 2. Personal history In June 1951, married Dorothy Jean Smith, an American citizen by birth and a registered nurse in the District of Columbia. She is a graduate of Georgetown University School of Nursing. Her parents, Mr. and Mrs. Grover A. Smith, are both American citizens by birth and reside in Lilly, Pa. Since their marriage the couple have had two baby boys, both born overseas and both American citizens. Unfortunately, the second born died a few days after birth. Dr. Rubio's mother is a naturalized United States citizen since 1947. Dr. Rubio's present citizenship status is such that he cannot progress past his first papers. He fully plans to remain and practice medicine in the United States. In December 1944 Dr. Rubio became 18 years of age. He was classified 1-A by the local draft board. At that time his father became violently opposed to his joining the Army although Dr. Rubio was willing and eager to serve. Under threats of his father of disowning him and of taking him out of the United States if he joined the Armed Forces, he reluctantly signed a form excusing him from military service, but which concomittantly debarred him from ever becoming a citizen of the United States. In June 1948 he filed a petition for naturalization in New York. By filing this petition before his 22d birthday he received automatic_first papers. When he appeared in court in November 1948 in Brooklyn, N. Y., the court denied his petition on the basis of having executed the above-mentioned draft-deferring form. On June 12, 1950, he was graduated from medical school. When the Korean conflict began he proceeded without delay to the Surgeon General's office and volunteered for a Medical Corps commission. Full citizenship was waived because of his possession of first papers, and he went on active duty October 13, 1950. In September 1951, he was sent to Germany by the Army and returned to the United States in April 1953. He is due for separation June 30, 1953, after 32 months of active duty. The committee, after consideration of all the facts in the case, is of the opinion that the bill (S. 2135) should be enacted. JUNE 9 (legislative day, MAY 13), 1954.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 2212] The Committee on the Judiciary, to which was referred the bill (S. 2212) for the relief of Alma S. Wittlin-Frischauer, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to grant the status of permanent residence in the United States to Alma S. Wittlin-Frischauer. The bill provides for an appropriate quota deduction and for the payment of the required visa fee. STATEMENT OF FACTS The beneficiary of the bill is a 55-year-old native of Poland and citizen of Great Britain, who last entered the United States as a visitor on March 31, 1952. She is an author and editor and is writing an American edition of her book The Museum, Its History, and Its Task In Education. She is also employed as an organizer by New Mexico Friends of Children's Museum of Santa Fe. Her only relative is a brother in this country who is a United States citizen. A letter, with attached memorandum, dated November 13, 1953, to the chairman of the Senate Committee on the Judiciary from the Commissioner of the Immigration and Naturalization Service with reference to the case reads as follows: Hon. WILLIAM Langer, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. NOVEMBER 13, 1953. DEAR SENATOR: In response to your request of the Department of Justice for a report relative to the bill (S. 2212) for the relief of Alma S. Wittlin-Frisch auer, there is annexed a memorandum of information from the Immigration and Naturalization Service files concerning the beneficiary. The bill would grant the alien permanent residence in the United States upon payment of the required visa fee. It would also direct that one number be deducted from the appropriate immigration quota. The alien is chargeable to the quota of Poland. It should be noted that on May 15, 1953, while still in status, as visitor, the alien filed an application for change of status to that of an alien lawfully admitted for permanent residence under section 245 of the Immigration and Nationality Act. This application is presently pending. Sincerely, Commissioner. MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE ALMA S. WITTLIN-FRISCHAUER, BENEFICIARY OF S. 2212 Alma S. Wittlin-Frischauer, a native of Poland, and a citizen of Great Britain was born March 23, 1899. She entered the United States at New York, N. Y., on March 31, 1952, as a visitor. She has been granted numerous extensions of stay, the last of which expired on June 30, 1953. On May 15, 1953, while still in status as a visitor, she filed an application under section 245 of the Immigration and Nationality Act for change of status to that of an alien lawfully admitted for permanent residence. This application is presently pending. She also applied for an immigration visa in Juarez Chih, Mexico, but was unable to obtain a visa. Mrs. Wittlin-Frischauer is an author and an editor. She was graduated from the University of Vienna, Austria, in 1925 with a doctorate in history and art. She has done postgraduate work in education and psychology at Cambridge and London. She is presently writing an American edition of her book entitled "The Museum, Its History, and Its Task in Education." She is also employed as an organizer by New Mexico Friends of Children's Museum of Sante Fe, N. Mex., at a salary of $50 per week. She was married to Paul Max Frischauer in Vienna, Austria, in 1927, and the marriage terminated in divorce in 1936 or 1937. She has a brother, Paul Wittlin, a numismatist, who is a citizen of the United States and resides at Carmel-by-the-Sea, Calif. Her brother assists in her maintenance and support. She has no other living relatives. A private bill (H. R. 6085) has been introduced in the House of Representatives for the relief of the alien. Senator Clinton P. Anderson, the author of the bill, has submitted a a number of letters and documents in support of the bill, among which are the following: Hon. WILLIAM LANGER, UNITED STATES SENATE, COMMITTEE ON AGRICULTURE AND FORESTRY, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. DEAR SENATOR: There is now pending before the Subcommittee on Immigration a bill, S. 2212, which I introduced on June 24, 1953, for the relief of Alma S. Wittlin-Frischauer. In order that the committee may be apprised of Dr. Wittlin's qualifications and accomplishments, I am happy to submit copies of several communications directed to me in her behalf. I believe the committee will find this woman highly regarded in her field of endeavor. We in New Mexico are most anxious to have her become a permanent citizen of our State so that the fine work she has been doing there may continue. Sincerely yours, CLINTON P. ANDERSON. Hon. CLINTON P. ANDERSON, United States Senator, Senate Office Building, Washington, D. C. APRIL 16, 1953. MY DEAR SENATOR: The bearer of this letter is Alma S. Wittlin-Frischauer, a British subject, who entered the United States under a temporary visitor's visa on March 31, 1952. The temporary visitor's visa upon its face sets out that it is valid for a period not to exceed 24 months, and, of course, this lady was under the impression that the visa was good for 2 years. Naturally, under her permit of entry, every 3 months she filed the usual application for 3 months' extension of her visa and on April 2, 1953, the Immigration and Naturalization authorities at El Paso advised her that her application for extension had been denied and that she must make arrangement for departure by April 30, 1953. Dr. Wittlin for some time now has been lecturing and assisting the school authorities in New Mexico upon the subject of what might be termed Museum Anthropology. She is considered an authority on the museum, its history, and its tasks in education, and has published a book upon this subject. She has assisted the local Santa Fe County school authorities and the higher education authorities in New Mexico upon the subject of Museum Service for people in New Mexico, and the letters and documents which she will present personally to you will disclose the valuable service which she is contributing to our State and to our children in this particular field. This particular subject is a specialty and Dr. Wittlin is contributing something which cannot be contributed by anyone else to my knowledge in the United States. She is not taking the place of any teacher or any person because there is no other person in the United States who has the knowledge and understanding and the ability to do the work in connection with museum service. Therefore, if Dr. Wittlin would be permitted to remain in the United States she could continue the contribution which she has already commenced and render a service to the children of New Mexico which otherwise would be lost. I will appreciate your looking over the letters of Diego De Vargas, superintendent of schools of Santa Fe County, Robert L. Vialpando, the principal of the Madrid School, and the other documentary evidence which Dr. Wittlin will present to you and which said evidence is proof of the contribution which she is making to the school children of New Mexico. Then, if it is consistent and proper, I would appreciate any effort which you can make with the State Department and see if arrangements can be made so that Dr. Wittlin will not have to leave on April 30. The letters and other statements submitted herewith are self-explanatory and I need only add that I confirm the statements made by Mrs. Dietrich and the other parties who have written in behalf of Dr. Wittlin. Dr. Wittlin will see you personally and I trust you will extend to her every possible consideration as she really has a meritorious case and her contribution is such that I believe that I would be lax and negligent in my duty to the people and the children of New Mexico if I did not present her matter and make a small contribution in seeing that she be permitted to remain in the United States at least during the 2 years called for in her passport. Thanking you in advance for your consideration in the above matter, and with all good wishes and kindest personal regards, I beg to remain. Very truly yours, DAVID CHAVEZ, Jr. TESTIMONIALS, UNITED STATES OF AMERICA To Whom It May Concern: While chairman of the department of education of this museum, I invited Dr. Wittlin to aid in the survey of some 40 museums in the United States that were dealing with children, and Dr. Wittlin made that survey and reported upon it to this museum. Dr. Wittlin has applied scientific controlled experimentation to the problem of teaching children in museums, and there is a great place for her in this country, in the furtherance of this objective. She would be a most desirable resident, would be welcomed by her colleagues in the museum field, and would contribute much to the development of museum education. CHARLES RUSSELL, Special Assistant to the Director. |