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The original documents are located in Box 53, folder "8/14/76 HR7908 Relief of Edward
Drag" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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
&8/14/76
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:
chives
H.R. 1507 - Relief of Marisa Marzano
H.R. 2411 - Relief of Alinor Anvari Adams
8/16/76
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.
SEAL 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, ail 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.
James Assistant m. 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
A20 371 731
TO
: OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Enrolled Private Bill No. H.R. 7908
; Office of Management
and Budget request dated August 9, 1976.
Beneficiary or Beneficiaries Edward Drag.
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,
Commissioner
CO Form 18
(REV. 1-17-72)
dEPARTMENT OF STATE
Washington, D.C. 20520
AUG 11 1976
Dear Mr. Lynn:
Reference is made to Mr. Frey's communication
of August 9, 1976, transmitting for comment enrolled
bills, H.R. 6392, "For the relief of Koviljka C.
Clendenen", H.R. 7882, "For the relief of Leonor
Young", and H.R. 7908, "For the relief of Edward
Drag".
This Department has no objection to the enact-
ment of these bills.
Sincerely yours,
Hemp Jachun
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. Clenderen
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.
FORD & LIBRARY 07V8.39
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. 1044
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-1110
EDWARD DRAG
AUGUST 4, 1976.-Ordered to be printed
Mr. Eastland, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 7908]
The Committee on the Judiciary, to which was referred the bill
(H.R. 7908) for the relief of Edward Drag, 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 adjustment of status of
the adopted child of citizens of the United States.
STATEMENT OF FACTS
The beneficiary of the bill is a 19-year-old native and citizen of
Poland who was admitted to the United States as a visitor and was
adopted by his aunt and uncle, citizens of the United States, in Janu-
ary of 1974 in New York. The adoptive parents have three natural
sons, ages 13, 17, and 25.
A letter, with attached memorandum, dated February 11, 1974, to
the chairman of the Committee on the Judiciary, House of Representa-
tives, from the Commissioner of Immigration and Naturalization
with reference to H.R. 11574, a similar bill for the relief of the same
alien introduced in the 93d Congress, reads as follows:
57-007
2
3
IMMIGRATION AND NATURALIZATION SERVICE,
U.S. DEPARTMENT OF JUSTICE,
numbers under this preference are not available at this time. It is his
A20 371 731.
Washington, D.C., February 11, 1974.
intention to establish a priority date for the purpose of applying for
Hon. PETER W. RODINO, Jr.
adjustment of status to that of a permanent resident when his date is
reached on the visa availability list.
Chairman, Washington, Committee D.C. on the Judiciary, House of Representatives,
tive attached (H.R. 11574) for the relief of Edward a report rela-
DEAR to the MR. bill CHAIRMAN: In response to your request for
State of New York-Family Court: County of Wyoming
The bill a memorandum of information concerning the Drag, there is
immediate Mrs. Fronczak may be classified as a child and of Mr. and
Zigmund provides that the sixteen-year-old adopted son beneficiary.
[Docket No. A-33-73]
of the relative status. The bill further provides that be granted
In the Matter of the Adoption by ZYGMONT FRONCZAK and STELLA
any right, beneficiary shall not, by virtue of such relationship other relatives
FRONCZAK of EDWARD DRAG, Foster Child
Act. privilege, or status under the Immigration and Nationality be accorded
ORDER OF ADOPTION (PRIVATE PLACEMENT)
for is immigrants to the nonpreference portion of the a of Poland,
chargeable Absent enactment of the bill, the beneficiary, native
The petition of Zygmont Fronçzak and Stella Fronczak verified the
Hemisphere. and conditional entrants from countries numerical in the limitation Eastern
26th day of November, 1973, having been duly presented to this Court,
together with an agreement on the part of the petitioning foster
Sincerely,
parents to adopt and treat the above-named foster child as their own
lawful child, and together with the affidavits of Helen Johnson, Gen-
CHAPMAN, Jr.,
eral Guardian of Edward Drag, Zygmont Fronczak and Stella
Enclosure,
Commissioner.
Fronczak and Richard S. Manz, and the consents required by Section
111 of the Domestic Relations Law.
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND
And the aforesaid petitioning foster parents and the above-named
NATRUALIZATION SERVICE FILE RE H.R. 11574
foster child and all other persons whose consents are required as afore-
said having personally appeared before this Court for examination,
Fronczak, The beneficiary, Edward Drag, who is also known
And an investigation having been duly ordered and made and the
He is single a and native and citizen of Poland, was born on as Edward March Joseph
written report of such investigation having been duly filed with this
ciary has no a tenth grade student at Perry High School. Perry, New York
where he is resides with his adoptive parents in 20, 1957.
Court, as required by the Domestic Relations Law;
And this Court being satisfied that the moral and temporal interests
ural parents assets are and is supported by his adoptive The benefi-
of the foster child will be promoted by the adoption and that there is
Fronczak on was adopted by his uncle and aunt, Zigmund in Poland. The
beneficiary dead. His step-brother resides parents. His nat-
no reasonable objection to the proposed change of the name of the
foster child,
attached. County, Warsaw, January New York. 16, 1974 A certified in the copy Family of the Court of and Wyoming Stella
Now, on motion of Richard S. Manz, attorney for the petitioners
herein, and upon all the papers and proceeding herein it is
The under beneficiary Section does not qualify for immediate relative adoption order is
Ordered, that the petition of Zygmont Fronczak and Stella Fronczak
for the adoption of Edward Drag a person born on or about March 20,
ity child The Act because he has 101 attained (b) (1) (F) his 14th of the birthday, Immigration and status National- as a
1957, at Village of Zarzecze, Nisko, Poland, be and the same hereby
is allowed and approved; and it is further
States beneficiary at New lived in Poland until he was admitted
Ordered that the said foster child shall henceforth be regarded and
October 15, 1973. York, He New York on September 6, 1973 as to a the United
treated in all respects as the lawful child of the said foster parents;
Deportation Mr. proceedings received have an not extension been instituted. of stay to January visitor 30, 1974. to
and it is further
Ordered that the name of the said foster child be and the same hereby
a baker Fronczak, at a native and citizen of the United States,
is changed to Edward Joseph Fronczak and that the said foster child
Poland, as was naturalized an annual a wage United of $8,000. Mrs. Fronczak, is a employed native of
hereafter be known by that name; and it is further
Ordered that the appropriate Clerk be and she is hereby authorized
Their She is assets employed consist as of a machine operator States at citizen an annual on December of 5, 1956.
to prepare, certify and deliver to the petitioners herein or to their at-
furniture $25,000 in property, $13,500 in wage $5,000.
torney three certificates of Adoption; and it is further
three sons and ages, two 13, automobiles 17, and 25. with a total value of $4,500. savings, They $2,000 have in
Ordered that this Order. together with allother papers pertaining
to the adoption, shall be filed and kept as provided in the Domestic
at Canada. The latest information immigrant indicates that visa
The Toronto beneficiary Ontario intends to apply for a nonpreference
Relations Law and shall not be subject to access or inspection except as
provided in said Law.
And it is further
S.R. 1110
S.R. 1110
4
5
Ordered that the waiting period required by statute be and hereby
On October 16, 1974 the beneficiary applied for status as a perma-
is waived for the reason that the foster child has resided with the peti-
nent resident under the nonpreference classification. This application
tioners since September 6, 1973, this Court being satisfied that it is in
was denied by the Buffalo, New York office on May 30, 1975 on the
the best interests of the foster child and foster parents that said wait-
grounds that Mr. Drag did not have labor certification as required by
ing period be waived, since the appropriate Committee of Congress
section (14) of the Immigration and Nationality Act and had
has asked for an immediate approval of the Adoption before passing
failed to establish that he was exempt therefrom. Mr. Drag claimed
a private law permitting said Edward Drag to remain in the Country.
exemption from this requirement because he is a student supported
Signed this 16th day of January, 1974, at Warsaw, New York.
by his adoptive parents. However, this was denied since he is 18 years
JOHN S. CONABLE,
of age, and his entry into the labor market is considered imminent.
Judge of the Family Court,
This decision was certified for review to the Regional Commissioner
County of Wyoming.
of this Service at Burlington, Vermont.
The Committee wil be further advised when a decision is entered.
In testimony whereon I have hereunto set my hand and affixed the
Sincerely,
seal of said Court, at Warsaw, N.Y., this 16th day of January A.D.,
L. F. CHAPMAN, Jr.,
1974:
Commissioner.
BETTY E. EBERSOLE, Clerk.
The Department of State submitted a report on August 14, 1974,
with reference to a bill then pending for the relief of the same person.
The following letters dated November 14, 1974 and August 11, 1975
to the chairman of the Committee on the Judiciary, House of Repre-
That report reads as follows:
DEPARTMENT OF STATE,
sentatives, from the Commissioner of Immigration and Naturaliza-
Washington, D.C., August 14, 1974.
tion in connection with the case read as follows:
Hon. PETER W. RODINO, Jr.,
U.S. DEPARTMENT OF JUSTICE,
Chairman, Committee on the Judiciary,
IMMIGRATION AND NATURALIZATION SERVICE,
House of Representatives, Washington, D.C.
Washington, D.O., November 14, 1974.
DEAR MR. CHAIRMAN: Reference is made to your request for a re-
A20371731.
port concerning the case of Edward Drag, beneficiary of H.R. 11574,
93rd Congress.
Hon. PETER W. RODINO, Jr.,
The bill would provide for the beneficiary's classification as a child
Chairman, Committee on the Judiciary, House of Representatives,
and for granting of immediate relative status upon approval of a
Washington, D.C.
petition filed by Mr. and Mrs. Zigmund Fronczak, American citizens.
DEAR MR. CHAIRMAN: This refers to H.R. 11574 in behalf of Edward
It also provides that other relatives of the beneficiary shall not be
Drag.
accorded any right, privilege, or status under the Immigration and
The latest information indicates that a nonpreference visa number
Nationality Act by virtue of such relationship.
is now available for the beneficiary. Accordingly, he has been invited
The American Embassy at Warsaw has reported that the beneficiary
to apply for adjustment of status to that of a permanent resident.
was born on March 20, 1957 at Nisko, Poland. His application for a
The Committee will be informed when relief is granted or denied.
visitor visa was approved on May 17, 1973. When be presented his
Sincerely,
Polish passport, he was issued a visitor vísa on August 29, 1973 for
L. F. CHAPMAN, Jr,,
the stated purpose of visting his aunt, Mrs. Stella Fronczak, for four
Commissioner.
weeks. He claimed that he intended to return to Poland to continue his
schooling. The consular officer found that his plans were definite and
A supplemental report from the Immigration and Naturalization
was convinced that the beneficiary's ties to Poland were adequate.
Service with reference to the instant bill, reads as follows:
Absent enactment of H.R. 11574, the beneficiary would be classi-
fiable as nonpreference applicant and would be subject to the labor
U.S. DEPARTMENT OF JUSTICE,
certification requirement of section 212(a) (14) of the Immigration
IMMIGRATION AND NATURALIZATION SERVICE,
and Nationality Act.
Washington, D.C., August 11, 1975.
Cordially,
A20371731.
LINWOOD HOLTON,
Hon. PETER W. RODINO, Jr.,
Assistant Secretary for
Chairman, Committee on the Judiciary, House of Representatives,
Congressional Relations.
Washington, D.C.
DEAR MR. CHAIRMAN: This refers to H.R. 7908 in behalf of Edward
Congressman Barber B. Conable. Jr., the author of the bill, sub-
Drag, who was also the beneficiary of H.R. 11574, 93rd Congress.
mitted the following letter in support of his bill:
S.R. 1110
S.R. 1110
6
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES,
Washington, D.C., September 15, 1975.
Hon. JOSHUA EILBERG,
Chairman, Subcommittee No. 1, Judioiary Committee, House of
Representatives, Washington, D.C.
DEAR JOSH: Thank you for your letter of September 12 indicating
that your subcommittee is considering my bill, H.R. 7908, for the
relief of Edward Drag.
Edward Drag was born on March 20, 1957 in the Village of Zarzecze
in the District of Nisko in Poland. He came to the United States on
September 6, 1973 on a visitor's visa. The visa was to expire on Octo-
ber 15, 1973, but was extended by the Immigration and Naturalization
Service until January 30, 1974. Edward's mother, Emilia Drag, died
on August 28, 1973 and his father, Antoni Drag, died on November 25,
1966 in their home village. Edward Drag's only relative in Poland
was an aged grandmother who was ill and poverty stricken. On Janu-
ary 16, 1974, he was adopted by his aunt and uncle, Zigmund and Stella
Fronczak, American citizens, in the Family Court of Wyoming Coun-
ty, Warsaw, New York. His name is now Edward Joseph Fronczak.
In January of 1974, when Edward was 16 years of age, I introduced
a private bill in behalf of Edward Drag, H.R. 11574. Information
from the Immigration and Naturalization Service indicated that a
nonpreference visa number was available to him and therefore he
should apply for adjustment of status to that of a permanent resident.
Therefore no action was taken on my bill and it was reintroduced in
this session of Congress. The application for a change of status was
denied by the Buffalo office of the Immigration Service on May 30,
1975 on the grounds that Edward Drag did not have labor certifica-
tion and failed to establish that he is exempt therefrom.
Although Edward (Drag) Fronczak is now 18 years of age, he is
just a junior in high school. He is supported by his adoptive parents
who are both employed and are well established, highly respected
members of the community. He has no family in Poland.
It would be a case of extreme hardship if he were required to leave
the United States. Your favorable consideration of my bill, H.R. 7908,
would be sincerely appreciated.
Very truly yours,
Barber B. CONABLE, JR.
The committee, after consideration of all the facts in the case, is of
the opinion that the bill (H.R. 7908) should be enacted.
Q
S.R. 1110
H.R.7908
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 Edward Drag.
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, Edward Drag may
be classified as a child within the meaning of section 101(b) (1) (F) of
section the Mrs. Act, Zigmund upon approval Fronczak, of citizens a petition of the filed United in his States, behalf pursuant by Mr. and to
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.