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1976/08/14 HR5500 Relief of Refael Strochlitz Wurzel
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1976/08/14 HR5500 Relief of Refael Strochlitz Wurzel
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The original documents are located in Box 53, folder "8/14/76 HR5500 Relief of Rafael Strochlitz Wurzel" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. APPROVED 88/14/76 THE WHITE HOUSE ACTION WASHINGTON Last Day: August 21 August 13, 1976 Posted MEMORANDUM FOR THE PRESIDENT 8/16/76 FROM: JIM CANNON Jan SUBJECT: H.R. 1507 - Relief of Marisa Marzano erchives 8/16/76 H.R. 2411 - Relief of Alinor Anvari Adams H.R. 2502 - Relief of Peter Olav Mesikepp H.R. 6392 - Relief of Koviljka C. Clendenen H.R. 7908 - Relief of Edward Drag H.R. 5500 - Relief of Rafael Strochlitz Wurzel H.R. 5648 - Relief of Violetta Cebreros H.R. 3372 - Relief of Tze Tsun Li H.R. 2940 - Relief of Maria Sylvia Macias Elliott H.R. 2495 - Relief of Malgorzata Kuzniarek Czapowski H.R. 2118 - Relief of Cheryl V. Camacho H.R. 7882 - Relief of Miss Leonor Young Attached for your consideration are twelve enrolled bills all with the common purpose of granting immediate relative status to aliens who have been or are in the process of being adopted by United States citizens. All of the beneficiaries are over the age of 14, and do not qualify for exception to the immigration waiting list. Additional information is provided in OMB's enrolled bill report at Tab A. OMB, NSC, Max Friedersdorf, Counsel's Office (Lazarus) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign the enrolled bills at Tabs B through M. SEALS FORD LIBRARY Digitized from Box 53 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 AUG 12 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bills (1) H.R. 1507 - Relief of Marisa Marzano Sponsor - Rep. Danielson (D) California (2) H.R. 2411 - Relief of Alinor Anvari Adams Sponsor - Rep. Sisk (D) California (3) H.R. 2502 - Relief of Peter Olav Mesikepp Sponsor - Rep. Sisk (D) California (4) H.R. 6392 - Relief of Koviljka C. Clendenen Sponsor - Rep. Blouin (D) Iowa (5) H.R. 7908 - Relief of Edward Drag Sponsor - Rep. Conable (R) New York (6) H.R. 5500 - Relief of Rafael Strochlitz Wurzel Sponsor - Rep. Dodd (D) Connecticut (7) H.R. 5648 - Relief of Violetta Cebreros Sponsor - Rep. Burgener (R) California (8) H.R. 3372 - Relief of Tze Tsun Li Sponsor - Rep. Burke (D) California (9) H.R. 2940 - Relief of Maria Sylvia Macias Elliott Sponsor - Rep. Burgener (R) California (10) H.R. 2495 - Relief of Miss Malgorzata Kuzniarek Czapowski Sponsor - Rep. Burke (D) Massachusetts (11) H.R. 2118 - Relief of Cheryl V. Camacho Sponsor - Rep. Talcott (R) California (12) H.R. 7882 - Relief of Miss Leonor Young Sponsor - Rep. Meyner (D) New Jersey Last Day for Action August 21, 1976 - Saturday Purpose To grant immediate relative status to aliens who have been or are in the process of being adopted by United States citizens. 2 Agency Recommendations Office of Management and Budget Approval Immigration and Naturalization Service Approval Department of State No objection Discussion These 12 enrolled bills would define their beneficiaries as "children" under the Immigration and Nationality Act (INA) and grant them immediate relative status upon approval of a petition filed by their adopted or prospective adopting parents, all of whom are U.S. citizens. The bills also provide that the natural parents or siblings shall not be accorded any right, privilege or status under the INA by virtue of their relationship to the beneficiaries. The INA provides an exception to the immigration waiting list for children adopted by U.S. citizens who are 14 years of age or younger. Because the beneficiaries of these bills are over 14, they do not qualify for this exemption Accordingly, absent enactment of these bills, those beneficiaries now living out- side the U.S. would have to remain on the regular immigration waiting list (with consequent uncertainty as to when they would be admitted); those beneficiaries now in the U.S. would have to leave and begin the process of returning to the U.S. under the regular immigration procedures. Assistant Director for James Trey Legislative Reference Enclosures UNITED STATES DEPARTMENT OF JUSTICE PLEASE ADDRESS REPLY TO IMMIGRATION AND NATURAL!ZATION SERVICE Washington 25, D.C. AND REFER TQ THIS FILE NO. OFFICE OF THE COMMISSIONER 11 AUG 1976 A20 744 426 TO : OFFICE OF MANAGEMENT AND BUDGET SUBJECT: Enrolled Private Bill No. H.R. 5500 ; Office of Management and Budget request dated August 9, 1976. Beneficiary or Beneficiaries Rafael Strochlitz Wurzel. Pursuant to your request for the views of the Department of Justice on the subject bill, a review has been made of the facsimile of the bill, the re- lating Congressional Committee report or reports, and all pertinent information in the files of the Immigration and Naturalization Service On the basis of this review the Immigration and Naturalization Service, on behalf of the Department of Justice: X Recommends approval of the bill Interposes no objection to approval of the bill Sincerely, Diapmant Commissioner CO Form 18 (REV. 1-17-72) DEPARTMENT OF STATE Washington, D.C. 20520 AUG 1 1 1976 Dear Mr. Lynn: Reference is made to Mr. Frey's communication of August 9, 1976, transmitting for comment enrolled bills, H.R. 5500, "For the relief of Rafael Strochlitz Wurzel", H.R. 5648, "For the relief of Violetta Cebreros", and H.R. 6093, "For the relief of Maria D'Arpino". This Department has no objection to the enact- ment of these bills. Sincerely yours, Kemp Jenhur Kempton B. Jenkins Acting Assistant Secretary for Congressional Relations The Honorable James T. Lynn, Director, Office of Management and Budget. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 8-13-76 AUG 12 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bills (1) H.R. 1507 - Relief of Marisa Marzano Sponsor - Rep. Danielson (D) California (2) H.R. 2411 - Relief of Alinor Anvari Adams Sponsor - Rep. Sisk (D) California (3) H.R. 2502 - Relief of Peter Olav Mesikepp Sponsor - Rep. Sisk (D) California (4) H.R. 6392 - Relief of Koviljka C. Clendenen Sponsor - Rep. Blouin (D) Iowa (5) H.R. 7908 - Relief of Edward Drag Sponsor - Rep. Conable (R) New York (6) H.R. 5500 - Relief of Rafael Strochlitz Wurzel Sponsor - Rep. Dodd (D) Connecticut (7) H.R. 5648 - Relief of Violetta Cebreros Sponsor - Rep. Burgener (R) California (8) H.R. 3372 - Relief of Tze Tsun Li Sponsor - Rep. Burke (D) California (9) H.R. 2940 - Relief of Maria Sylvia Macias Elliott Sponsor - Rep. Burgener (R) California (10) H.R. 2495 - Relief of Miss Malgorzata Kuzniarek Czapowski Sponsor - Rep. Burke (D) Massachusetts (11) H.R. 2118 - Relief of Cheryl V. Camacho Sponsor - Rep. Talcott (R) California (12) H.R. 7882 - Relief of Miss Leonor Young Sponsor - Rep. Meyner (D) New Jersey Last Day for Action FORD 1. GETAL LIBRARY August 21, 1976 - Saturday Purpose To grant immediate relative status to aliens who have been or are in the process of being adopted by United States citizens. 2 Agency Recommendations Office of Management and Budget Approval Immigration and Naturalization Service Approval Department of State No objection Discussion These 12 enrolled bills would define their beneficiaries as "children" under the Immigration and Nationality Act (INA) and grant them immediate relative status upon approval of a petition filed by their adopted or prospective adopting parents, all of whom are U.S. citizens. The bills also provide that the natural parents or siblings shall not be accorded any right, privilege or status under the INA by virtue of their relationship to the beneficiaries. The INA provides an exception to the immigration waiting list for children adopted by U.S. citizens who are 14 years of age or younger. Because the beneficiaries of these bills are over 14, they do not qualify for this exemption. Accordingly, absent enactment of these bills, those beneficiaries now living out- side the U.S. would have to remain on the regular immigration waiting list (with consequent uncertainty as to when they would be admitted); those beneficiaries now in the U.S. would have to leave and begin the process of returning to the U.S. under the regular immigration procedures. (Signed) James M. Frey Assistant Director for Legislative Reference Enclosures Calendar No. 1036 94TH CONGRESS SENATE REPORT 2d Session 94-1102 RAFAEL STROCHLITZ WURZEL AUGUST 4, 1976.-Ordered to be printed Mr. EASTLAND, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 5500] The Committee on the Judiciary, to which was referred the bill (H.R. 5500) for the relief of Rafael Strochlitz Wurzel, having con- sidered 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 facilitate the admission into the United States of the adopted son of citizens of the United States. STATEMENT OF FACTS The beneficiary is a 24-year-old native of Bolivia who entered the United States as a student in 1967. In 1966 his natural parents were killed in an accident and the beneficiary and his brother were brought to the United States to reside with their aunt and uncle, citizens of the United States. The brother has since married a U.S. citizen and is a permanent resident of this country. The beneficiary was adopted in Connecticut on March 12, 1973. He presently is residing in Spain tem- porarily where he is attending medical school. Adoptive parents have stated that the adoption was not formalized until the beneficiary was 21 years of age because such action would have interfered with his in- heritance rights in Argentina. A letter, with attached memoranrum, dated September 10, 1974, to the chairman of the Committee on the Judiciary, House of Representa- 57-007 GENATE LIFE 2 3 tives, from the Commissioner of Immigration and Naturalization with reference to H.R. 12272, a similar bill for the relief of the same alien A letter dated October 9, 1974 to the chairman of the Committee on introduced in the 93d Congress, reads as follows: the Judiciary, House of Representatives, from the Commissioner of Immigration and Naturalization with reference to the case reads as UNITED STATES DEPARTMENT OF JUSTICE, follows: IMMIGRATION AND NATURALIZATION SERVICE, UNITED STATES DEPARTMENT OF JUSTICE, Hon. PETER W. RODINO, Jr., Washington, D.C., September 10, 1974. IMMIGRATION AND NATURALIZATION SERVICE, Chairman, Committee on the Judiciary, House of Representatives, Washington, D.C., October 9, 1974. Washington, D.C. Hon. PETER W. RODINO, Jr., DEAR MR. CHAIRMAN: In response to your request for a report rela- Chairman, Committee on the Judiciary, House of Representatives, beneficiary. there is attached a memorandum of information concerning the tive to the bill (H.R. 12272) for the relief of Rafael Strochlitz Wurzel, Washington, D.C. DEAR MR. CHAIRMAN This refers to H.R. 12272 in behalf of Rafael Strochlitz Wurzel. The bill would grant the beneficiary permanent residence in the The beneficiary's aunt, Mrs. Sigmund Strochlitz, has advised this United States as of the date of its enactment, upon payment of the office that the beneficiary departed from the United States on Sep- be made. required visa fee. It would also direct that a visa number deduction tember 2, 1974, and is presently attending the University of Madrid in Spain. limitation for immigrants from the Western Hemisphere. He is statu- The beneficiary, a native of Bolivia, is chargeable to the numerical Sincerely, L. F. CHAPMAN, Jr., torily ineligible to adjust his status in the United States and would Commissioner. be required Sincerely, to apply for a visa outside of this country. Congressman Christopher J. Dodd, the author of the bill has sub- L. F. CHAPMAN, Jr., mitted the following information in connection with the case: Enclosure. Commissioner. An affidavit submitted by the beneficiary's adoptive parents reads as follows: AFFIDAVIT MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE H.R. 12272 We, Sigmund Strochlitz and Rose Strochlitz, being duly sworn depose and say as follows: The beneficiary, Rafael Strochlitz Wurzel, is a native and citizen of 1. The parents of Rafael Strochlitz Wurzel were killed sud- Bolivia, who was born on June 4, 1951. His parents, who were natives denly in a tragic accident in Argentina in 1966. We had an in an automobile accident in 1966. His uncle and aunt, Mr. and Mrs. and citizens of Poland, were residents of Bolivia when they were killed extremely close relationship for many years with Rafael's parents, and Mr. Strochlitz immediately went to Argentina Sigmund Strochlitz, who are citizens of the United States, assisted at the time of this tragic occurrence. Mr. Strochlitz stayed in 1967. Jaime Wurzel, brother of the beneficiary, is married to citi- the beneficiary and his brother in coming to this country as students in Argentina for a period of five (5) weeks to adjust the affairs of the family and brought Rafael and his brother, zen of the United States and has been a lawful permanent resident a Jaime, back to the United States to reside with our family Strochlitz in 1973 when he was 21 years of age. He graduated from since June 18, 1974. The beneficiary was adopted by Mr. and Mrs. in our household. 2. Since 1966, Rafael and his brother, Jaime, have been Bachelor Brandeis University, Waltham, Mass., in May 1974 with the degree of raised as an integral part of our family. A real and genuine of Arts in History. He was employed between February and family relationship of parents and child has developed and has May 1974 as a part-time teacher receiving a salary of $10 per hour. He $5,000 in savings and is single. exists, and we consider both Rafael and Jaime as our own sons. United on occasions until 1973 as a student. He was last admitted He nine entered for a brief period between 1966 and 1967 and, afterwards, The beneficiary has had 10 prior admissions to the United States. 3. Both Rafael and his brother, Jaime, attended and gradu- ated from schools in New London. Conn. After graduation from local schools, Jaime attended Brandies University where until September 3, 1974. States on August 13, 1974, as a visitor for a temporary period to the he graduated with honors. He subsequently married a native The beneficiary has indicated his intention to leave the United born American girl and is now studying for his Ph. D. degree the in September 1974 to enter a medical school in Madrid, Spain. Should States at Columbia University. Rafael graduated from New London be instituted. beneficiary fail to depart as planned, deportation proceedings will schools and enrolled in Springfield College. He transferred from Springfield College to Brandeis University where he will graduate in December. He has applied for admission to S.R. 1102 S.R. 1102 4 5 medical school and intends to attend the medical school in the United States. The reasons behind granting permanent resident status to Rafael 4. In January of 1973, shortly after Rafael attained the age are four in number: 1, The possibility that his native country will of 21, we sought legal advice concerning the procedure for revoke his citizenship, since he has no intention of returning there; adoption. Legal action was instituted for adoption at that 2. In the past, Rafael has encountered difficulty in obtaining entrance time, and the adoption of Rafael was approved by decree of to the United States when he was unable to secure a visa from our the New London Probate Court dated March 12, 1973. embassy in Spain. To secure his visa, it was necessary for personal 5. No action was taken for us for adoption in Connecticut congressional intervention on his behalf with the State Department; earlier than 1973, because such action would have prejudiced 3. His stay in the United States when he does enter is always tentative, Rafael's rights to his inheritance in Argentina. He was the and there is always the problem of how long he will be able to remain; beneficiary of an estate from his deceased- parents, and his 4. It is consistent with the intent of the Immigration subcommittee's rights to receive complete vesting of this inheritance would work on the Western Hemisphere preference bill that the Strochlitz have been placed in jeopardy if an adoption were to have private bill be passed, since under a preference system, he would prob- occurred prior to his reaching the age of 21 years. ably be eligible in the first preference. 6. Because of our close relationship with the boys' deceased The general policy behind our immigration legislation is to reunite parents and the very close relationship which we have devel- families. In the instant case, Rafael is an orphan who has been adopted oped with the boys, it is only natural that we want Rafael to by his relatives in the United States; they are his closest family ties, remain in the United States and to continue as a member of and in the interest of justice, he should be allowed to enter as a perma- our family circle. Rafael has no ties whatsoever at this time nent resident, to join his family. with Argentina or Bolivia. His only family relationship is with our family, and he has no other home other than ours. CONGRESS OF THE UNITED STATES, It is essential that he be granted permanent residence in the HOUSE OF REPRESENTATIVES, United States at this time. Washington, D.C., February 24, 1976. 1973 Dated at New London, Conn., this 29th day of November, Hon. JAMES O. EASTLAND, Chairman, Subcommittee on Immigration and Naturalization, of the Senate Committee on the Judiciary, Dirksen Building, Washing- SIGMUND STROCHLITZ, ton, D.C. ROSE STROCHLITZ, DEAR MR. CHAIRMAN On February 3 the House passed H.R. 5500, a Subscribed and sworn to before me this 29th day of Novem- private immigration bill which I introduced to grant Rafael Stroch- ber, 1973. litz Wurtzel permanent resident status. I am writing in the hope that CASPER F. SAGRISTANO, your subcommittee will give its careful consideration to this bill in Notary Public. the near future and to tell you a little about the background of this case. STATEMENT ON BEHALF OF RAFAEL STROCHLITZ WURTZEL Rafael Strochlitz Wurtzel is a 24 year old native of Bolivia who, Rafael Shrochlitz Wurtzel, 24 years of age is a native and citizen following the death of both his parents in a 1966 auto crash, came to of Bolivia, whose own parents were killed in an accident in 1966 in live in the U.S. with his aunt and uncle, Mr. and Mrs. Sigmund Stroch- Bolivia. Rafael was adopted by Mr. and Mrs. Sigmund Strochlitz, litz of New London, Connecticut, whom I have known for a number his uncle and aunt who are citizens of the United States. His brother, of years. Jaime Wurtzel is married to a citizen of the United States. Aside The Strochlitzes later adopted Rafael, who aside from a marired from his adoptive parents and his brother, he has no other relatives brother, has no other relatives in the entire world. He considers his periods in the past, as well as attending college in the United States in the world. Rafael has entered the United States for temporary home to be with his adoptive family in New London where he has resided since 1967, except for the time he has been in school. at Brandeis University. He is presently in his second year of medical Mr. and Mrs. Strochlitz have paid for Rafael's undergraduate edu- school in Spain. cation at Brandeis University from which he graduated in 1974, and Under the present immigration law, the chances of Rafael Stroch- his current education at a medical school in Madrid, Spain. Coming litz Wurtzel's securing permanent resident status are slight given the home from Spain, Rafael has encountered difficulty on several occa- backlog of Western Hemisphere immigrants awaiting entrance to the sions obtaining admission to the U.S., requiring personal intervention United States, and the lack of a preference system for Western Hemi- on his behalf with the State Department by former Congressman sphere immigration. Under the preference system which exists for the Robert Steele of Connecticut. Eastern Hemisphere, Rafael would probably fit within the first pref- Unfortunately, Rafael's chances of receiving permanent resident erence for unmarried sons and daughters of natural-born citizens of status are slight under existing immigration laws given the backlog the United States. of Western Hemisphere immigrants awaiting admission to the U.S. He also faces the possibility that his native country of Boliva may for- S.R. 1102 S.R. 1102 6 mally revoke his citizenship, since he has no intention of returning there to live. Rafael, his adoptive parents and I remain hopeful that H.R. 5500 can be acted on favorably in the near future in order that he no longer be restrained from joining his family here in the U.S. whenever he desires. If you have any questions about this case, please don't hesitate to phone or write me. Sincerely, CHRISTOPHER J. DODD, Member of Congress. The committee, after consideration of all the facts in the case, is of the opinion that the bill (H.R. 5500) should be enacted. as in our family TO than 48 .0 to PRO W priblivE osts sto osttimmoD 8 0000 Я.Н beeasq запоН orig & nO: aM -doorta learnH basubortai I daidwa Hid steving teild aquivads mi gaiterw MR I taebiest taensurreq fostru 11 xil mi Hid eirlt of Interes ati evig Him acttimmoodua THOY to add tuode olttil 0 1107 Net of expent TR9H ,odw seivilo& to oriten b/o 100% N. B ai lestruW loster of emao ,flasto other 8881 JB ni eldering eid disod to dissh ods gniwollot Basi stone daive au Tedmum not aword T mode to by Mr. Mrs. to bettern non abian orlw Jacks Bedqobit votal odT axabianos 0H blow odt mi asviteled Tedto Off and creditord of when svilqohs and 00 03 amod in the fondse ni risd and od sit Johnzon TAGI angia behiest -mbe tyrobres tot brace avail brea ,M at 11.7 betankers od to 89 birboM ni [oorfoa [soibem B to IMATINO aid C3200 Inlived no and looks most emoil guirinpos :80 noissimbe ba wild Hadad aid no of a to ast noving rehair 9TB H am 11 to to eviten aid tedi výllidišeoq orld 290117 ozla S.R. 1102 H.R.5500 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act For the relief of Rafael Strochlitz Wurzel. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the admin- istration of the Immigration and Nationality Act, Rafael Strochlitz Wurzel may be classified as a child within the meaning of section 101(b) (1) (F) of the Act, upon approval of a petition filed in his behalf by Mr. and Mrs. Sigmund Strochlitz, citizens of the United States, pursuant to section 204 of the Act: Provided, That the natural parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.