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1976/08/14 HR5052 Relief of Yolanda E Vez
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The original documents are located in Box 53, folder "8/14/76 HR5052 Relief of Yolanda E
Vez" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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
S8/14/96
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: August 21
August 13, 1976
Posted
MEMORANDUM FOR THE PRESIDENT
8/16/76
FROM:
SUBJECT:
JIM CANNON 256$ Jm
H.R. Relief of Luisa Marillac Hughes,
Marco Antonio Hughes, Maria del Cisne Hughes,
lives
Maria Augusta Hughes, and Ivan Hughes
8/16/76
H.R. 5052 - Relief of Yolanda E. Vez
H.R. 6687 - Relief of Doo Hoon Park
H.R. 11076 - Relief of Ok Ja Choi
Attached for your consideration are four enrolled bills
which would define the ten beneficiares as "children"
for purposes of the Immigration and Nationality Act
and permit them status as permanent residents of the U.S.,
thus facilitating their adoption by U.S. citizens.
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 bills.
RECOMMENDATION
That you sign H.R. 2565 at Tab B.
That you sign H.R. 5052 at Tab C.
That you sign H.R. 6687 at Tab D.
That you sign H.R. 11076 at Tab E.
GERALD N. FORD LIBRARY
Digitized from Box 53 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
PRESENT
OFFICE
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
SIGNATURE
SEALS
WASHINGTON, D.C. 20503
AUG 13 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bills
(1) H.R. 2565 - Relief of Luisa Marillac Hughes,
Marco Antonio Hughes, Maria del Cisne Hughes,
Maria Augusta Hughes, Miguel Vincente Hughes,
Veronica del Rocio Hughes, and Ivan Hughes
Sponsor - Rep. Charles Wilson (D) Texas
(2) H. R. 5052 - Relief of Yolanda E. Vez
Sponsor - Rep. Matsunaga (D) Hawaii
(3) H.R. 6687 - Relief of Doo Hoon Park
Sponsor - Rep. Frenzel (R) Minnesota
(4) H.R. 11076 - Relief of Ok Ja Choi
Sponsor - Rep. Karth (D) Minnesota
Last Day for Action
August 21, 1976 - Saturday
Purpose
To facilitate the adoption of alien children by United States
citizens.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
The four enrolled bills would define the ten beneficiaries as
"children" for purposes of the Immigration and Nationality Act (INA)
and permit them status as permanent residents of the U.S., thus
facilitating their adoption by U.S. citizens.
2
The INA provides an exception to the immigration waiting list
for children who are adopted by U.S. citizens, if the children
are 14 years of age or younger and if the natural parents are
dead. If these requirements are not met, the children would
have to go through the normal nonpreference immigrant procedures.
It is impossible to predict when visas would actually be issued
under the current númerical limitations on the nonpreference
category. In addition, the INA provides that the adoptive
parents may receive only two such exemptions from the non-
preference immigrant procedures.
In all the cases involved here, the adopting parents either
have already used their quota of two exemptions in adopting
other alien children, or would exceed the limit of two by
adopting the beneficiaries involved. The enrolled bills would
waive this limit of two for the beneficiaries.
In the case of H.R. 5052 and H.R. 6678, the beneficiaries are
over the age of 14 and thus would not be eligible for the pre-
ference category on that ground. The enrolled bills would waive
the age limit in these cases.
In the case of H.R. 2565, H.R. 5052 and H.R. 6687, at least one
parent of one of the beneficiaries is still alive and has con-
sented to the adoption of their child. The enrolled bills would
waive the restriction against such children being placed in the
preference category.
The beneficiaries named in H.R. 2565 are all from Ecuador and
are currently residing in the U.S. on visitors' visas with their
adoptive parents. The enrolled bill would waive the requirement
that they must leave the U.S. before they can be converted to a
permanent resident status.
In all cases, the enrolled bills provide that the natural parents,
brothers, or sisters of the beneficiaries shall not receive any
right, privilege, or status under the INA by virtue of their
relationship to the beneficiaries.
James Assistant Director Trey
for
Legislative Reference
Enclosures
UNITED STATES DEPARTMENT OF JUSTICE
PLEASE ADDRESS REPLY TO
IMMIGRATION AND NATURALIZATION SERVICE
Washington 25, D.C.
AND REFER TO THIS FILE NO.
OFFICE OF THE COMMISSIONER
11 AUG 1976
A19 856 379
TO
: OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Enrolled Private Bill No. H.R. 5052
; Office of Management
and Budget request dated August 9, 1976.
Beneficiary or Beneficiaries Yolanda E. Vez.
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:
Recommends approval of the bill
X
Interposes no objection to approval of the bill
Sincerely,
Diagmant
Commissioner
CO Form 18
(REV. 1-17-72)
DEPARTMENT OF STATE
Washingto . 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. 3372, "For the relief of Tze Tsun Li",
H.R. 4053, "For the relief of Roderic Patrick Stafford",
and H.R. 5052, "For the relief of Yolanda E. Vez".
This Department has no objection to the enact-
ment of these bills.
Sincerely yours,
Idemp lamb Jonhn
Kempton B. Jenkins
Acting Assistant Secretary
for Congressional Relations
The Honorable
James T. Lynn, Director,
Office of Management
and Budget.
IN PRESIDENT
at
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
I
STATES
WASHINGTON, D.C. 20503
AUG 13 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bills
(1) H.R. 2565 - Relief of Luisa Marillac Hughes,
Marco Antonio Hughes, Maria del Cisne Hughes,
Maria Augusta Hughes, Miguel Vingente Hughes,
Veronica del Rocio Hughes, and Ivan Hughes
Sponsor - Rep. Charles Wilson (D) Texas
(2) H, R. 5052 - Relief of Yolanda E. Vez
Sponsor - Rep. Matsunaga (D) Hawaii
(3) H.R. 6687 - Relief of Doo Hoon Park
Sponsor - Rep. Frenzel (2) Minnesota
(4) H.R. 11076 - Relief of Ok Ja Choi
Sponsor - Rep. Karth (D) Minnesota
Last Day for Action
August 21, 1976 - Saturday
Purpose
To facilitate the adoption of alien children by United States
citizens.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
The four enrolled bills would define the ten beneficiaries as
"children" for purposes of the Immigration and Nationality Act (INA)
and permit them status as permanent residents of the U.S., thus
facilitating their adoption by U.S. citizens.
SERVICE FORD LIBRARY
2
The INA provides an exception to the immigration waiting list
for children who are adopted by U.S. citizens, if the children
are 14 years of age or younger and if th natural parents are
dead. If these requirements are not met, the children would
have to go through the normal nonpreference immigrant procedures.
It is impossible to predict when visas would actually be issued
under the current numerical limitations on the nonpreference
category. In addition, the INA provides that the adoptive
parents may receive only two such exemptions from the non-
preference immigrant procedures.
In all the cases involved here, the adopting parents either
have already used their quota of two exemptions in adopting
other alien children, or would exceed the limit of two by
adopting the beneficiaries involved. The enrolled bills would
waive this limit of two for the beneficiaries.
In the case of H.R. 5052 and H.R. 6678, the beneficiaries are
over the age of 14 and thus would not be eligible for the pre-
ference category on that ground. The enrolled bills would waive
the age limit in these cases.
In the case of H.R. 2565, H.R. 5052 and H.R. 6687, at least one
parent of one of the beneficiaries is still alove and has con-
sented to the adoption of their child. The enrolled bills would
waive the restriction against such children being placed in the
preference category.
The beneficiaries named in H.R. 2565 are all from Ecuador and
are currently residing in the U.S. on visitors' visas with their
adoptive parents. The enrolled bill would waive the requirement
that they must leave the U.S. before they can be converted to a
permanent resident status.
In all cases, the enrolled bills provide that the natural parents,
beathers, or sisters of the beneficiaries shall not receive any
right, privilege, or status under the INA by virtue of their
relationship to the beneficiaries.
(Signed) James M. Frey
Assistant Director for
Legislative Reference
Enclosures
RESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
SEALS
WASHINGTON, D.C. 20503
AUG 13 1976
MEMORANDUM FOR THE PRESIDENT
Subject:
Enrolled Bills
(1) H.R. 2565 - Relief of Luisa Marillac Hughes,
Marco Antonio Hughes, Maria del Cisne Hughes,
Maria Augusta Hughes, Miguel Vincente Hughes,
Veronica del Rocio Hughes, and Ivan Hughes
Sponsor - Rep. Charles Wilson (D) Texas
(2) H. R. 5052 - Relief of Yolanda E. Vez
Sponsor - Rep. Matsunaga (D) Hawaii
(3) H.R. 6687 - Relief of Doo Hoon Park
Sponsor - Rep. Frenzel (R) Minnesota
(4) H.R. 11076 - Relief of Ok Ja Choi
Sponsor - Rep. Karth (D) Minnesota
Last Day for Action
August 21, 1976 - Saturday
Purpose
To facilitate the adoption of alien children by United States
citizens.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
The four enrolled bills would define the ten beneficiaries as
"children" for purposes of the Immigration and Nationality Act (INA)
and permit them status as permanent residents of the U.S., thus
facilitating their adoption by U.S. citizens.
2
The INA. provides an exception to the immigration waiting list
for children who are adopted by U.S. citizens, if the children
are 14 years of age or younger and if the natural parents are
dead. If these requirements are not met, the children would
have to go through the normal nonpreference immigrant procedures.
It is impossible to predict when visas would actually be issued
under the current númerical limitations on the nonpreference
category. In addition, the INA provides that the adoptive
parents may receive only two such exemptions from the non-
preference immigrant procedures.
In ali the cases involved here, the adopting parents either
have already used their quota of two exemptions in adopting
other alien children, or would exceed the limit of two by
adopting the beneficiaries involved. The enrolled bills would
waive this limit of two for the beneficiaries.
In the case of H.R. 5052 and H.R. 6678, the beneficiaries are
over the age of 14 and thus would not be eligible for the pre-
ference category on that ground. The enrolled bills would waive
the age limit in these cases.
In the case of H.R. 2565, H.R. 5052 and H.R. 6687, at least one
parent of one of the beneficiaries is still alive and has con-
sented to the adoption of their child. The enrolled bills would
waive the restriction against such children being placed in the
preference category.
The beneficiaries named in H.R. 2565 are all from Ecuador and
are currently residing in the U.S. on visitors' visas with their
adoptive parents. The enrolled bill would waive the requirement
that they must leave the U.S. before they can be converted to a
permanent resident status.
In all cases, the enrolled bills provide that the natural parents,
brothers, or sisters of the beneficiaries shall not receive any
right, privilege, or status under the INA by virtue of their
relationship to the beneficiaries.
(Signed) James M. Frey
Assistant Director for
Legislative Reference
Enclosures
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-580
YOLANDA E. VEZ
OCTOBER 28, 1975.-Committed to the Committee of the Whole House and
ordered to be printed
Mr. Russo, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 5052]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 5052), for the relief of Yolanda E. Vez, having considered the
same, report favorably thereon with amendments and recommend
that the bill as amended do pass.
The amendments are as follows:
On page 1, lines 7 and 8, strike out the language "lawfully admitted
for permanent residence," and substitute in lieu thereof the language
a lawfully resident alien and a citizen of the United States,
respectively,
On page 1, line 11, strike out the word "case." and substitute
case : 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.
PURPOSE OF THE BILL
The purpose of this bill, as amended, is to facilitate the admission
into the United States of the adopted daughter of a citizen of the
United States and a lawfully resident alien. The bill has been amended
to reflect that the adoptive mother of the beneficiary is a citizen of the
United States, and has been further amended in accordance with estab-
lished precedents.
GENERAL INFORMATION
The beneficiary, who is now 23 years of age, was given to her adop-
tive mother to raise when she was 10 months old but she was not for-
mally adopted until February 24, 1969. She resides with her maternal
grandparents in the Philippines. Her natural parents and nine siblings
also reside in that country. The beneficiary is supported by her adop-
57-007
3
2
States, tive parents, who reside a lawfully in Hawaii. resident alien and a citizen of the
gration and Nationality Act because she has attained her 14th
birthday.
married. an The adopted pertinent son, age facts 15, and an They adopted have daughter, no natural age children 19, who but United is have now
Mr. and Mrs. Fulgencio Vez are natives of the Philippines
and were born on April 11, 1911 and December 16, 1922,
respectively. Mr. Vez is a permanent resident of the United
and tion gust to 1, the 1975 Chairman from the Commissioner of in this case are of in this case are af in this cass are containe letter and Naturaliza- dated Au-
States while Mrs. Vez is a naturalized United States citizen.
They were married on January 28, 1961. They are childless
accompanying memorandum read as follows:Judiciary.
have two adopted children-a daughter, aged 19 years, who
That
letter
is married and a son, aged 15 years. They all reside in
Wahiawa, Hawaii.
U.S.
IMMIGRATION AND
Fulgencio Vez receives a pension of $236 a month which is
bolstered by a part-time job that pays $388 a month. His
A19 856
spouse also works part-time at the same place for $388 a
Hon. PETER W.
1, 1975.
month. The assets of Mr. and Mrs. Vez consist of two homes
with equities of $9,000 and savings in the amount of $7,000.
the Judiciary
Private Bill H.R. 16862, 93rd Congress, introduced in the
beneficiary's behalf, was not enacted.
A report submitted by the Department of State on May 12, 1975,
that and of attached tive The DEAR Fulgencio be to bill granted the MR. a provides bill memorandum CHAIRMAN Vez (H.R. and that 5052) his the In of wife for response twenty-three information Adelina the relief to your may of request for E. a report as rela-
with enclosures, reads as follows:
DEPARTMENT OF STATE,
Washington, D.C., May 12, 1975.
Hon. PETER W. RODINO,
dren limits the the THE a further Act provides a child
Chairman, Committee on the Judiciary, House of Representatives,
Washington, D.C.
to Adelina shall Vez as a lawful permanent case. resident. It is noted Adelina that for the adopted bill refers which chil-
DEAR MR. CHAIRMAN In reference to your request for a report con-
pralized Absent citizen enactment of the United States.
cerning the case of Yolanda E. Vez, beneficiary of H.R. 5052, 94th
Vez
is
a
nat-
Congress, there is enclosed a memorandum of information concerning
in cal pines, limitation would be for chargeable immigrants of the to bill, the and the nonpreference conditional beneficiary, entrants a portion native of of the the numeri- Philip-
the beneficiary. This memorandum has been submitted by the Ameri-
can Embassy at Manila, Philippines, in whose consular jurisdiction
the Eastern Hemisphere.
the beneficiary resides. H.R. 16862, 93rd Congress, on the beneficiary's
from
countries
behalf was not enacted.
This bill would provide for the beneficiary's classification as a child
Enclosure.
L.F. CHAPMAN, Jr.,
and for granting of immediate relative status upon approval of a pe-
Commissioner.
tition filed by Mr. Fulgencio Vez and his wife, Adelina, lawful per-
manent residents. It would also waive the provisions of the Immigra-
MEMORANDUM NATURALIZATION OF INFORMATION FROM IMMIGRATION AND
tion and Nationality Act relating to the number of petitions which
SERVICE FILES RE H.R. 5052
may be approved on behalf of orphans.
beneficiary. and Fulgencia Vez, the adoptive parents from of Mr. the
Information Mrs. concerning the case was obtained
Sincerely,
ROBERT J. McCLOSKEY,
Assistant Secretary for
her the The maternal Philippines, beneficiary, was Yolanda born on E. July Vez, 28, a native and citizen of
Congressional Relations.
Enclosure: Memorandum.
pines. She was grandparents in Santiago, 1952. Ilocos She Sur, lives with
SUBMITTED BY THE AMERICAN EMBASSY AT MANILA, PHILIPPINES
nine other children. Santiago Ellorin and Saturnina old. Her
natural parents Ellorin Vez to raise when ten months was given
to Philippines Adelina on February adopted by 24, Fulgencio 1969. The and beneficiary Adelina Vez Philip- in the
Memorandum of Information, Concerning H.R. 5052, 94th Congress,
for the Relief of Yonalda E. Vez
by Mr. and Mrs. Vez. The beneficiary is entirely Torres supported have
Yolanda Ellorin Vez was born on July 28, 1952 at Quezon City,
Philippines. Her name at birth was Yolanda Ellorin. Her parents
status a under section 101 (b) (1) (F) of the relative Immi-
The as béneficiary child does not qualify for immediate
and nine siblings reside with her at Santiago, Ilocos Sur. The benefi-
ciary is a graduate midwife, single, and has no children.
H.R. 580
H.R. 580
4
5
Mr. and Mrs. Fulgencio Vez and Mr. and Mrs. Juan Ellorin, resid-
ing at Wahia, Oahu, Hawaii, are the beneficiary's uncles and aunts.
following exhibits were submitted and admitted by the Court, to wit:
1. Exhibit "A" the Certificate of Marriage of Fulgencio Vez and
Mrs. Fulgencio Vez is the sister of Santiago Ellorin, Miss Vez's nat-
ural father. The beneficiary was legally adopted on February 24, 1969
Adelina Ellorin;
by Mr. and Mrs. Vez. Two copies of the adoption decree are attached.
2. Exhibit "B" the Certificate of Baptism of Johnny Elizarde;
3. Exhibit "B-1" the Certificate of Baptism of Antonio Corpuz;
Mrs. Vez had been taking care of Yolanda ever since she was 10 months
old. The beneficiary has personally met her adoptive parents during
4. Exhibit "B-2" the baptismal certificate of Yolanda Ellorin;
their visits to the Philippines.
5. Exhibit "C" the affidavit of consent of Catalino Elizarde and
The beneficiary is chargeable to the foreign state limitation for the
Agrípina Vez Elizarde to the adoption;
Philippines but is not registered as an intending immigrant. A medical
6. Exhibit "C-1" the affidavit of consent of Salustiano Corpuz and
cians showed no medical ground for ineligibility. Routine clearance
examination conducted by a member of the Embassy's panel of physi-
Mamerta Ellorin to the adoption;
7. Exhibit "C-2" the affidavit of consent of Santiago Ellorin and
investigation revealed no derogatory information.
Saturnina Torres to the adoption;
Attachment: Two copies of adoption decree.
8. Exhibit "C-3" the consent of Yolanda Ellerin to her adoption;
9. Exhibit "D" the certification of publication and the Editor's affi-
REPUBLIC OF THE PHILIPPINES, MUNICIPAL COURT OF SANTIAGO, ILOCOS
davit of the fact of the publication of the order of the Court which was
SUR, SECOND JUDICIAL DISTRICT
made on January 20, 27, and February 3, 1969;
10. Exhibit "D-1", "D-2" & "D-3", the three clippings attached to
Special Proceedings No. 20
the afficadit in triplicate;
11. Exhibit "E" the editor's affidavit of publication of the order
In the matter of the adoption of the persons of minors JOHNNY
of the Court in regards to the position for adoption.
ELIZARDE, ANTONIA CORPUZ and YOLANDA ELLORIN
Considering the petition as satisfactorily proven to be true by the
declarations of the witnesses made in open Court and therefore, it is
Spouses: FULGENCIO Vez and ADELINA ELLORIN, PETITIONERS
a proper case of adoption and it is shown that the petitioners were im-
pelled by no other motive but for the benefit and welfare of the minor
DECISION
children and it was shown that they were ready and able to educate the
A petition has been filed before this Court by the spouses Fulgencio
children properly.
Vez and Adelina Ellorin, to adopt as their own children the minors
Thenceforth, the Court hereby declare that the said children Johnny
Johnny Elizarde, Antonia Corpuz, and Yolanda Ellorin.
Elizarde, Antonio Corpuz, and Yolanda Ellorin, be freed from all
That Johnny Elizarde, Antonia Corpuz and Yolanda Ellorin has
legal obligations and obedience and maintenance with respect to their
lived with the adopting mother for three (3) years before the petition
natural parents and to all legal intents and purposes, the children of
for adoption was filed.
the PETITIONERS and that their SURNAMES are hereby ordered
That the minor Johnny Elizarde, is now Eight (8) years old and
changed to that of the Petitioners surname, VEZ.
his legitimate father and mother Catalino Elizarde and Agripina Vez
It is further declared that the minors Johnny Elizarde, Antonia
adoption. respectively had given their express and written consent to the
Corpuz, and Yolanda Ellorin, are now and forever the sons of the peti-
tioners, Fulgencio Vez and Adelina Ellorin, by adoption.
That the minor Antonia Corpuz, is Twelve (12) years old and her
Let copies of this judgment be served upon the Local Civil Registrar
legitimate father and mother Salustiano Corpuz and Mamerta Ellorin
of Santiago, Ilocos Sur, Philippines.
both had given their express and written consent to the adoption.
Petition Granted.
And the minor Yolanda Ellorin, is Seventeen (17) years old and
It is SO ordered.
her legitimate father and mother Santiago Ellorin and Saturnina
Santiago, Ilocos Sur, February 24, 1969.
Torres both had given their express and written consent to the adop-
(S) Juan Quema
tion. Yolanda Ellorin who is over Fourteen (14) years of age has given
(T/W) JUAN QUEMA,
her express and written consent to her adoption.
Municipal Judge.
The Court issued an order reciting the purpose of the petition pub-
lished in the Bannawag in its issue of January 27, February 3 and 10,
STATEMENT BY HON. SPARK M. MATSUNAGA, MEMBER OF CONGRESS FROM
1969, News Supplement Section and the hearing was calendared at
HAWAII, IN SUPPORT OF H.R. 5052, A BILL FOR THE RELIEF OF YOLANDA
9 :00 o'clock A.M. on February 17, 1969 in the Court sala of the munici-
VEZ, BEFORE THE SUBCOMMITTEE ON IMMIGRATION, CITIZENSHIP, AND
pality of Santiago, Ilocos Sur, Philippines.
INTERNATIONAL LAW, OF THE HOUSE COMMITTEE ON THE JUDICIARY,
At the trial of the case Atty. Ireneo Tilan, appeared for the peti-
SEPTEMBER 22, 1975
tioners and there was none to oppose the petition. There being no oppo-
sition the Court pronounced an order of default against the whole
Mr. Chairman, and members of the Subcommittee, H.R. 5052, a
world and allowed the petitioners to present their evidence and the
private bill that I introduced, would admit the beneficiary, Yolanda
E. Vez, age 23, for permanent residence in the United States. Yolanda
H.R. 580
H.R. 580
6
is the adopted child of parents who were lawfully admitted for perma-
7
nent residence, and who presently reside in Wahiawa, Hawaii. The
beneficiary is unmarried and lives in Santiago, Ilocos Sur, the Philip-
OVERSIGHT STATEMENT
pines, with her maternal grandparents.
The beneficiary was born July 28, 1952 in Quezon City, Philippines,
The Committee exercises general oversight jurisdiction with respect
to Santiago Ellorin and Saturnina Torres Ellorin, but lived with and
to all immigration and nationality matters but no specific oversight
was cared for by Adelina Ellorin, her then unmarried paternal aunt,
is contemplated in this instance.
from the time she was two months old. Adelina Ellorin was married
to Fulgencio Vez, of Wahiawa, Hawaii, on January 28, 1961 in the
COMMITTEE RECOMMENDATION
Philippines. In February, 1969, the beneficiary, then 16 years of age,
became the adopted child of Fulgencio and Adelina Ellorin Vez. The
Upon consideration of all the facts in this case, the Committee is of
Ilocos Sur, Philippines.
decree of adoption was issued by the Municipal Court of Santiago,
the opinion that H.R. 5052, amended, should be enacted and accord-
ingly recommend that the bill do pass.
In the same proceedings, Mr. and Mrs. Vez, who were present in
court, adopted two other children, Antonia, who was then 12, and
Johnny, who was then 8. After the adoption, the beneficiary lived
with her adoptive parents for approximately two months. Yolanda
was then left in the care of her grandparents in the Philippines, and
her legal parents returned to Hawaii. Mr. and Mrs. Vez have con-
tributed regularly towards the beneficiary's education and support
since the adoption.
Mr. and Mrs. Vez filed the necessary petition to have the beneficiary
admitted to the United States as their child. The District Director,
Immigration and Naturalization Service, denied the petition on the
ground that the beneficiary did not come within the meaning of
"child," as defined in Section 101 (b) (1) (E) of the Immigration and
Nationality Act. On appeal, the District Director's decision was up-
held by the Board of Immigration Appeals in Washington, D.C.
Antonia and Johnny Vez, the two other children who were adopted
by Mr. and Mrs. Vez at the same time that Yolanda was adopted, were
admitted to the United States in 1972. Mr. and Mrs. Vez are very
anxious to have the beneficiary admitted in order that she can live
with the family and in due course become a U.S. citizen. The parents
have exhausted all administrative remedies to have the beneficiary ad-
mitted as their child.
The beneficiary is now an adult and would therefore be relegated
to a non-preferential status if she were to file an application for an
immigrant visa. However, the non-preference category for the Philip-
pines has been heavilv oversubscribed for some time and the outlook
is very discouraging for the beneficiary and her legal parents. Hence,
private legislation appears to be the only means bv which the benefi-
ciary can be assured of joining her family in Hawaii in the near
favorable consideration.
future. I therefore strongly urge that private bill H.R. 5052 be given
SPARK M. MATSUNAGA,
U.S. Congressman.
BUDGETARY INFORMATION
This legislation does not provide new budget authority and no
estimate or comparison has been received from the Director of the
Congressional Budget Office.
H.R. 580
H.R. 580
Calendar No. 1035
94TH CONGRESS
SENATE
2d Session
,,Il, окторя .71 Nov:04-1301
YOLANDA E. VEZ
AUGUST 4, 1976.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 5052]
The Committee on the Judiciary, to which was referred the bill
(H.R. 5052) for the relief of Yolanda E. Vez, 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 facilitate the admission into the United
States of the adopted daughter of a citizen of the United States and
a lawfully resident alien.
STATEMENT OF FACTS
The beneficiary of the bill is a 23-year-old native and citizen of the
Philippines who presently resides with her maternal grandparents
in the Philippines. She was given to her adoptive mother to raise when
she was 10 months old but was not formally adopted until February 24,
1969. Her natural parents and nine siblings also reside in the Philip-
pines. She is supported by her adoptive parents, a lawfully resident
alien and a citizen of the United States, who reside in Hawaii. They
have no natural children but have a 15-year-old adopted son and a 19-
year-old adopted daughter who is now married.
A letter, with attached memorandum, dated August 1, 1975 to the
chairman of the Committee on the Judiciary, House of Representa-
tives, from the Commissioner of Immigration and Naturalization with
reference to the bill reads as follows:
57-007
2
3
U.S. DEPARTMENT OF JUSTICE,
Fulgencio Vez receives a pension of $236 a month which is
IMMIGRATION AND NATURALIZATION SERVICE,
bolstered by a part-time job that pays $388 a month. His
Washington, D.C., August 1, 1975.
A19856379.
spouse also works part-time at the same place for $388 a
month. The assets of Mr. and Mrs. Vez consist of two homes
Hon. PETER W. RODINO, Jr.,
with equities of $9,000 and a savings in the amount of $7,000.
Chairman, Committee on the Judiciary,
Private bill H.R. 16862, 93rd Congress, introduced in the
House of Representatives, Washington, D.C.
beneficiary's behalf, was not enacted.
DEAR MR. CHAIRMAN: In response to your request for a report rela-
tive to the bill (H.R. 5052) for the relief of Yolanda E. Vez, there is
A report submitted by the Department of State on May 12, 1975,
attached a memorandum of information concerning the beneficiary.
with enclosures, reads as follows:
DEPARTMENT OF STATE,
The bill provides that the twenty-three year old adopted daughter
of Fulgencio Vez and his wife Adelina may be classified as a child
Washington, D.C., May 12, 1975.
and be granted immediate relative status. The bill further provides
Hon. PETER W. RODINO,
that the provision of the Immigration and Nationality Act which
Chairman, Committee on the Judiciary, House of Representatives,
limits the number of petitions that may be approved for adopted chil-
Washington, D.C.
dren shall not be applicable in this case. It is noted that the bill refers
DEAR MR. CHAIRMAN: In reference to your request for a report con-
to Adelina Vez as a lawful permanent resident. Adelina Vez is a nat-
cerning the case of Yolanda E. Vez, beneficiary of H.R. 5052, 94th
uralized citizen of the United States.
Congress, there is enclosed a memorandum of information concerning
Absent enactment of the bill, the beneficiary, a native of the Philip-
the beneficiary. This memorandum has been submitted by the Ameri-
pines, would be chargeable to the nonprefrence portion of the numeri-
can Embassy at Manila, Philippines, in whose consular jurisdiction
cal limitation for immigrants and conditional entrants from countries
the beneficiary resides. H.R. 16862, 93rd Congress, on the beneficiary's
in the Eastern Hemisphere.
behalf was not enacted.
L. F. CHAPMAN, Jr.,
This bill would provide for the beneficiary's classification as a child
Commissioner.
and for granting of immediate relative status upon approval of a pe-
Enclosure.
tition filed by Mr. Fulgencio Vez and his wife, Adelina, lawful per-
manent residents. It would also waive the provisions of the Immigra-
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND
tion and Nationality Act relating to the number of petitions which
NATURALIZATION SERVICE FILES RE H.R. 5052
may be approved on behalf of orphans.
Sincerely,
Information concerning the case was obtained from Mr.
ROBERT J. McCLOSKEY,
and Mrs. Fulgencio Vez, the adoptive parents of the
Assistant Secretary for
beneficiary.
Congressional Relations.
The beneficiary, Yolanda E. Vez, a native and citizen of
Enclosure: Memorandum.
the Philippines, was born on July 28, 1952. She lives with
her maternal grandparents in Santiago, Ilocos Sur Philip-
pines. She was adopted by Fulgencio and Adelina Vez in the
SUBMITTED BY THE AMERICAN EMBASSY AT MANILA, PHILIPPINES
Philippines on February 24, 1969. The beneficiary was given
to Adelina Ellorin Vez to raise when ten months old. Her
Memorandum of Information, Concerning H.R. 5052, 94th Congress,
for the relief of Yolanda E. Vez
natural parents Santiago Ellorin and Saturnina Torres have
nine other children. The beneficiary is entirely supported by
Yolanda Ellorin Vez was born on July 28, 1952 at Quezon City,
Mr. and Mrs. Vez.
Philippines. Her name at birth was Yolanda Ellorin. Her parents
The beneficiary does not qualify for immediate relative
and nine siblings reside with her at Santiago, Ilocos Sur. The benefi-
status as a child under section 101 (b) (1) (F) of the Immi-
ciary is a graduate midwife, single, and has no children.
gration and Nationality Act because she has attained her
Mr. and Mrs. Fulgencio Vez and Mr. and Mrs. Juan Ellorin, resid-
14th birthday.
ing at Wahia, Oahu, Hawaii, are the beneficiary's uncles and aunts.
Mr. and Mrs. Fulgencio Vez are natives of the Philippines
Mrs. Fulgencio Vez is the sister of Santiago Ellorin, Miss Vez's nat-
and were born on April 11, 1911 and December 16, 1922,
ural father. The beneficiary was legally adopted on February 24, 1969
respectively. Mr. Vez is a permanent resident of the United
by Mr. and Mrs. Vez. Two copies of the adoption decree are attached,
States while Mrs. Vez is a naturalized United States citizen.
Mrs. Vez had been taking care of Yolanda ever since she was 10 months
They were married on January 28, 1961. They are childless
old. The beneficiary has personally met her adoptive parents during
have two adopted childrena- daughter, aged 19 years, who
their visits to the Philippines.
is married and a son, aged 15 years. They all reside in
The beneficiary is chargeable to the foreign state limitation for the
Wahiawa, Hawaii.
Philippines but is not registered as an intending immigrant. A medical
S.R. 1101
S.R. 1101
4
5
examination conducted by a member of the Embassy's panel of physi-
7. Exhibit "C-2" the affidavit of consent of Santiago Ellorin and
cians showed no medical ground for ineligibility. Routine clearance
Saturnina Torres to the adoption;
investigation revealed no derogatory information.
8. Exhibit "C-3" the consent of Yolanda Ellorin to her adoption;
9. Exhibit "D" the certification of publication and the Editor's affi-
REPUBLIC OF THE PHILIPPINES, MUNICIPAL COURT OF SANTIAGO, ILOCOS
davit of the fact of the publication of the order of the Court which was
SUR, SECOND JUDICIAL DISTRICT
made on January 20, 27, and February 3, 1969;
10. Exhibit "D-1", "D-2" & "D-3", the three clippings attached to
Special Proceedings No. 20
the affidavit in triplicate;
11. Exhibit "E" the editor's affidavit of publication of the order
In the matter of the adoption of the persons of minors JOHNNY
of the Court in regards to the position for adoption.
ELIZARDE, ANTONIA CORPUZ and YOLANDA ELLORIN
Considering the petition as satisfactorily proven to be true by the
declarations of the witnesses made in open Court and therefore, it is
Spouses FULGENCIO Vez and ADELINA ELLORIN, PETITIONERS
a proper case of adoption and it is shown that the petitioners were im-
pelled by no other motive but for the benefit and welfare of the minor
DECISION
children and it was shown that they were ready and able to educate the
children properly.
A petition has been filed before this Court by the spouses Fulgencio
Thenceforth, the Court hereby declare that the said children Johnny
Vez and Adelina Ellorin, to adopt as their own children the minors
Elizarde, Antonio Corpuz, and Yolanda Ellorin, be freeed from all
Johnny Elizarde, Antonia Corpuz, and Yolanda Ellorin.
legal obligations and obedience and maintenance with respect to their
That Johnny Elizarde, Antonia Corpuz and Yolanda Ellorin has
natural parents and to all legal intents and purposes, the children of
lived with the adopting mother for three (3) years before the petition
the PETITIONERS and that their SURNAMES are hereby ordered
for adoption was filed.
changed to that of the Petitioners surname, VEZ.
That the minor Johnny Elizarde, is now. Eight (8) years old and
It is further declared that the minors Johnny Elizarde, Antonia
his legitimate father and mother Catalino Elizarde and Agripina Vez
Corpuz, and Yolanda Ellorin, are now and forever the sons of the peti-
respectively had given their express and written consent to the
tioners, Fulgencio Vez and Adelina Ellorin, by adoption.
adoption.
Let copies of this judgment be served upon the Local Civil Registrar
That the minor Antonia Corpuz, is Twelve (12) years old and her
of Santagio, Llocos Sur, Philippines.
legitimate father and mother Salustiano Corpuz and Mamerta Ellorin
Petition Granted.
both had given their express and written consent to the adoption.
It is so ordered.
And the minor Yolanda Ellorin, is Seventeen (17) years old and
Santiago, Hocos Sur, February 24, 1969.
her legitimate father and mother Santiago Ellorin and Saturnina
(S) Juan Quema
Torres both had given their express and written consent to the adop-
(T/W) JUAN QUÉMA,
tion. Yolanda Ellorin who is over Fourteen (14) years of age has given
Municipal Judge.
her express and written consent to her adoption.
The Court issued an order reciting the purpose of the petition pub-
Congressman Spark M. Matsunaga, the author of the bill, submitted
lished in the Bannawag in its issue of January 27, February 3 and 10,
the following statement in support of this legislation:
1969, News Supplement Section and the hearing was calendared at
:00 o'clock A.M. on February 17, 1969 in the Court sala of the munici-
STATEMENT BY HON. SPARK M. MATSUNAGA, MEMBER OF CONGRESS FROM
pality of Santiago, Ilocos Sur, Philippines.
HAWAII, IN SUPPORT OF H.R. 5002, A BILL FOR THE RELIEF OF YOLANDA
At the trial of the case Atty. Ireneo Tilan, appeared for the peti-
VEZ, BEFORE THE SUBCOMMITTEE ON IMMIGRATION, CITIZENSHIP, AND
tioners and there was none to oppose the petition. There being no oppo-
INTERNATIONAL law, OF THE HOUSE COMMITTEE ON THE JUDICIARY
sition the Court pronounced an order of default against the whole
SEPTEMBER 22, 1975,
world and allowed the petitioners to present their evidence and the
following exhibits were submitted and admitted by the Court, to wit:
Mr. Chairman, and members of the Subcommittee, H.R. 5052, a
1. Exhibit "A" the Certificate of Marriage of Fulgencio Vez and
private bill that I introduced, would admit the beneficiary, Yolanda
Adelina Ellorin;
E. Vez, age 23, for permanent residence in the United States. Yolanda
2. Exhibit "B" the Certificate of Baptism of Johnny Elizarde;
is the adopted child of parents who were lawfully admitted for perma-
3. Exhibit "B-1" the Certificate of Baptism of Antonio Corpuz;
nent residence, and who presently reside in Wahaiwa, Hawaii. The
4. Exhibit "B-2" the baptismal certificate of Yolanda Ellorin;
beneficiary is unmarried and lives in Santiago, Ilocos Sur, the Philip-
5. Exhibit "C" the affidavit of consent of Catalino Elizarde and
pines, with her maternal grandparents.
Agripina Vez Elizarde to the adoption;
The beneficiary was born July 28, 1952 in Quezon City, Philippines,
6. Exhibit "C-1" the affidavit of consent of Salustiano Corpuz and
to Santiago Ellorin and Saturnina Torres Ellorin, but lived with and
Mamerta Ellorin to the adoption;
was cared for by Adelina Ellorin, her then unmarried paternal aunt,
S.R. 1101
S.R. 1101
6
from the time she was two months old. Adelina Ellorin was married
to Fulgencio Vez, of Wahiawa, Hawaii, on January 28, 1961 in the
Philippines. In February, 1969, the beneficiary, then 16 years of age,
became the adopted child of Fulgencio and Adelina Ellorin Vez. The
decree of adoption was issued by the Municipal Court of Santiago,
Ilocos Sur, Philippines.
In the same proceedings, Mr. and Mrs. Vez, who were present in
court, adopted two other children, Antonia, who was then 12, and
Johnny, who was then 8. After the adoption, the beneficiary lived
with her adoptive parents for approximately two months. Yolanda
was then left in the care of her grandparents in the Philippines, and
her legal parents returned to Hawaii. Mr. and Mrs. Vez have con-
tributed regularly towards the beneficiary's education and support
since the adoption.
Mr. and Mrs. Vez filed the necessary petition to have the beneficiary
admitted to the United States as their child. The District Director,
Immigration and Naturalization Service, denied the petition on the
ground that the beneficiary did not come within the meaning of
"child," as defined in Section 101 (b) (1) (E) of the Immigration and
Nationality Act. On appeal, the District Director's decision was up-
held by the Board of Immigration Appeals in Washington, D.C.
Antonia and Johnny Vez, the two other children who were adopted
by Mr. and Mrs. Vez at the same time that Yolanda was adopted, were
admitted to the United States in 1972. Mr. and Mrs. Vez are very
anxious to have the beneficiary admitted in order that she can live
with the family and in due course become a U.S. citizen. The parents
have exhausted all administrative remedies to have the beneficiary
admitted as their child.
The beneficiary is now an adult and would therefore be relegated
to a non-preferential status if she were to file an application for an
immigrant visa. However, the non-preference category for the Philip-
pines has been heavily oversubscribed for some time and the outlook
is very discouraging for the beneficiary and her legal parents. Hence,
private legislation appears to be the only means by which the benefi-
ciary can be assured of joining her family in Hawaii in the near
future. I therefore strongly urge that private bill H.R. 5052 be given
favorable consideration.
SPARK M. MATSUNAGA,
U.S. Congressman.
The committee, after consideration of all the facts in the case, is of
the opinion that the bill (H.R. 5052) should be enacted.
S.R. 1101
H. R. 5052
Minety-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 Yolanda E. Vez.
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, Yolanda E. Vez
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 her behalf by
Fulgencio Vez and his wife, Adelina, a lawfully resident alien and
a citizen of the United States, respectively, pursuant to section 204
of the Act. Section 204(c) of the Immigration and Nationality Act,
relating to the number of petitions which may be approved, shall be
inapplicable in this case: Provided, That the natural parents or broth-
ers or sisters of the beneficiary shall not, by virtue of such relation-
ship, 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.