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The original documents are located in Box 40, folder "1976/02/13 HR5750 Relief of Chu
Wol Kim" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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.
Digitized from Box 40 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
FEB 13 W78
Scorred
2/13/76
ACTION
THE WHITE HOUSE
WASHINGTON
Last Day: February 14
February 10, 1976
Posted
MEMORANDUM FOR
THE PRESIDENT
2/13
FROM:
JIM CANNON
Jo archives
SUBJECT:
Enrolled Bills
2/13
H.R. 1399 - Relief of Maria Del
Carmen Alvarado Martinez
H.R. 1758 - Relief of Terrence
Jarome Caguiat
H.R. 4939 - Relief of Manuel Bonotan
H.R. 5750 - Relief of Chu Wol Kim
H.R. 8451 - Relief of Jung Shik Yang
H.R. 8907 - Relief of Yong Won Lee
Attached for your consideration are the above referenced
enrolled bills, all which would authorize preferential
treatment under the Immigration and Nationality Act for
the admission of alien children into the United States
for adoption purposes.
An explanation of each of the enrolled bills 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 the enrolled bills at Tabs B through G.
FORD LIBRAMY
PREDENT
DEPARTMENT
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATE
STATE
WASHINGTON, D.C. 20503
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bills
(1) H.R. 1399 - Relief of Maria Del Carmen
Alvarado Martinez
Sponsor - Rep. Hastings (R) New York
(2) H.R. 1758 - Relief of Terrence Jarome
Caguiat
Sponsor - Rep. Mink (D) Hawaii
(3) H.R. 4939 - Relief of Manuel Bonotan
Sponsor - Rep. Leggett (D) California
(4) H.R. 5750 - Relief of Chu Wol Kim
Sponsor - Rep. Bergland (D) Minnesota
(5) H.R. 8451 - Relief of Jung Shik Yang
Sponsor - Rep. McHugh (D) New York
(6) H.R. 8907 - Relief of Yong Won Lee
Sponsor - Rep. Cleveland (R) New Hampshire
Last Day for Action
February 14, 1976 - Saturday
Purpose
To authorize preferential treatment under the Immigration
and Nationality Act for the admission of certain alien
children into the United States for adoption purposes.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
Summary of Legislation
These bills facilitate the immigration of children to the U.S.
2
for adoption purposes. In each case, the beneficiary children
are barred from being accorded preferential treatment under
various provisions of the Immigration and Nationality Act deal-
ing with eligibility for classification as immediate relative
children of petitioning adopting parents. If certain conditions
of that Act are not waived, these children would be chargeable
to the nonpreference foreign State limitation of Eastern
Hemisphere countries, and, consequently, their admission into
the United States for permanent residence could be delayed for
years.
Each of the enrolled bills would authorize the classification
of each alien child, respectively, as an immediate relative
child and permit the approval of immigration visa petitions
filed by the adopted or prospective adopting parents. Upon
approval of such petitions, the children would be admitted
to the United States for permanent residence. In addition,
the natural parents and siblings of the beneficiaries are
declared ineligible for similar preferential treatment for
immigration to the United States
H.R. 1399 - Maria Del Carmen Alvarado Martinez
The beneficiary is a 1 1/2 year old Mexican girl, who was
paroled into the United States in October 1975 and now resides
in Elmira, New York with her prospective adopting parents,
Mr. and Mrs. John Stein, a U.S. citizen and permanent resident
alien, respectively. Her natural parents and siblings live in
Mexico. Mrs. Stein is the sister of the child's mother, and
she and Mr. Stein wish to adopt their niece because they are
unable to have any children of their own. Because her parents
are living, the beneficiary does not qualify for immediate
relative status as a child under the Immigration and Nationality
Act.
H.R. 1758 - Terrence Jarome Caguiat
The beneficiary is a 3-year old Filipino boy, who is the adopted
son of Mr. and Mrs. Romeo Caguiat of Honolulu, Hawaii, a nat-
uralized U.S. citizen and a permanent resident alien, respec-
tively -- Mr. Caguiat is the boy's natural uncle. Although his
natural parents are living, Terrence currently lives with his
maternal grandmother in the Philippines, and is supported by
the Caguiats, who adopted him in the Philippines on July 11,
1973. The beneficiary does not qualify for immediate relative
child status under the Immigration and Nationality Act because
his natural parents are living.
3
H.R. 4939 - Manuel Bonotan
The beneficiary is a 12 year old Filipino boy, who is living
in the Philippines with his natural parents and two sisters.
He was adopted in the Philippines on June 5, 1970, by Mr. and
Mrs. Paulino Bonotan of Vallejo, California, a U.S. citizen
and permanent resident alien, respectively. Manuel is the
nephew of Mrs. Bonotan. Mr. and Mrs. Bonotan adopted Manuel
because they are unable to have children and because the
child's natural parents are poor. Because Manuel was not in
the legal custody of Mr. and Mrs. Bonotan for two years after
the adoption, he is ineligible for preferential treatment as
an immediate relative under the Immigration and Nationality
Act, notwithstanding the validity of his adopted status.
H.R. 5750 - Chu Wol Kim
The beneficiary is a two year old Korean orphan girl currently
living with a foster family in that country. Her natural
parents are unknown. She will be adopted upon her admission
into the United States by Mr. and Mrs. Ralph Solem, both U.S.
citizens, residing in Oslo, Minnesota. Mr. and Mrs. Solem
already have four children, two of their own and two adopted
Canadian-born children. The Immigration and Nationality Act
normally limits approval of visa petitions for the prospective
adoption of alien children to two per petitioner. Because
the Solem's have had two such petitions approved for the
Canadian-born orphans, they are ineligible to similarly peti-
tion in behalf of Chu Wol Kim.
H.R. 8451 - Jung Shik Yang
The beneficiary is a one year old Korean girl currently living
in an orphanage in Seoul. Her natural parents are unknown and
she is coming to the United States for adoption by Mr. and Mrs.
Herbert Barth Ray of Binghamton, New York. Mr. and Mrs. Ray
already have four young children, two of whom are adopted
Korean orphans. The Immigration and Nationality Act normally
limits the number of immediate relative immigration visa peti-
tions for the adoption of alien children to two per petitioner.
Because the Rays have had two such petitions approved for their
adopted Korean children, they are ineligible to similarly peti-
tion on behalf of Jung Shik Yang.
H.R. 8907 - Yong Won Lee
The beneficiary is a 4-year old Korean boy living in an orphan-
age in Seoul. His natural parents abandoned him at birth.
Upon admission into the United States, he will be adopted by
Mr. and Mrs. Melvin Haas, both U.S. citizens, residing in Cabin
John, Maryland. Mr. and Mrs. Haas have no natural children and
4
have already adopted three alien children, two of whom are
siblings. The Immigration and Nationality Act normally
limits approval of immediate relative immigration visa peti-
tions for the adoption of alien children to two per petitioner.
Inasmuch as Mr, and Mrs. Haas have already had at least two
such petitions approved, they are ineligible to file an
immediate relative visa petition in behalf of Yong Won Lee.
James m. Trey
Director
for Legislative Reference
Enclosures
UNITED STATES DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
PLEASE ADDRESS REPLY TO
Washington 25, D.C.
OFFICE OF THE COMMISSIONER
5 FEB 1976
AND REFER TO THIS FILE NO.
A20 944 153
TO
: OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Enrolled Private Bill No.
H. R. 5750
; Office of Management
and Budget request dated February 3, 1976
Beneficiary or Beneficiaries Chu Wol Kim
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.
Interposes no objection to approval of the bill
Sincerely,
Enapmant
Commissioner
CO Form 18
(REV. 1-17-72)
department OF STATE
Washington, D.C. 20520
4" - FEB 1976
Honorable James T. Lynn
Director, Office of
Management and Budget
Washington, D. c. 20503
Dear Mr. Lynn:
Reference is made to Mr. Frey's communication of
February 3, 1976, transmitting for comment enrolled
bills H.R. 4046, "For the relief of Valerie Ann
Phillips, nee Chambers", H.R. 4113, "For the relief
of Mitsue Karimata Stone", and H.R. 5750, "For the
relief of Chu Wel Kim".
This Department has no objection to the enactment of
these bills.
Sincerely,
Robert J. McCloskey
Assistant Secretary for
Congressional Relations
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
g.cine
12-9-76
STATUS
WASHINGTON, D.C. 20503
FEB 9 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bills
(1)
H.R. 1399 - Relief of Maria Del Carmen
Alvarado Martinez
Sponsor - Rep. Hastings (R) New York
(2)
H.R. 1758 - Relief of Terrence Jarome
Caguiat
Sponsor - Rep. Mink (D) Hawaii
(3)
H.R. 4939 - Relief of Manuel Bonotan
Sponsor - Rep. Leggett (D) California
(4)
H.R. 5750 - Relief of Chu Wol Kim
Sponsor - Rep. Bergland (D) Minnesota
(5)
H.R. 8451 - Relief of Jung Shik Yang
Sponsor - Rep. McHugh (D) New York
(6)
H.R. 8907 - Relief of Yong Won Lee
Sponsor - Rep. Cleveland (R) New Hampshire
Last Day for Action
February 14, 1976 - Saturday
Purpose
To authorize preferential treatment under the Immigration
and Nationality Act for the admission of certain alien
children into the United States for adoption purposes.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
Summary of Legislation
These bills facilitate the immigration of children to the U.S.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: February 9
Time: 745pm
Dick Parsons
th
FOR ACTION:
NSC/S sh
CC (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date: February 11
Time: 200pm
SUBJECT:
Enrolled Bill:
H.R. 1399 - Relief of Maria Del Carmen
Alvarado Martinez
H.R. 1758 - Relief of Terrence Jarome
Caquiat
H.R. 4939 - Relief of Manuel Bonotan
H.R. 5750 - Relief of Chu Wol Kim
ACTION REQUESTED:
H.R. 8451 - Relief of Jung Shik Yang
H.R. 8907 - Relief of Yong Won Lee
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Foour West Wing
( FORD IDEAST
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K.R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: February 9
Time: 745pm
Dick Parsons
FOR ACTION:
CC (for information):
NSC/S
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
February 11
Time: 200pm
SUBJECT:
Enrolled Bill:
H.R. 1399 - Relief of Maria Del Carmen
Alvarado Martinez
H.R. 1758 - Relief of Terrence Jarome
Caquiat
H.R. 4939 - Relief of Manuel Bonotan
H.R. 5750 - Relief of Chu Wol Kim
ACTION REQUESTED:
H.R. 8451 - Relief of Jung Shik Yang
H.R. 8907 - Relief of Yong Won Lee
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Approval of all. RR
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: February 9
Time: 745pm
Dick Parsons
FOR ACTION:
CC (for information):
NSC/S
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
February 11
Time: 200pm
SUBJECT:
Enrolled Bill:
H.R. 1399 - Relief of Maria Del Carmen
Alvarado Martinez
H.R. 1758 - Relief of Terrence Jarome
Caquiat
H.R. 4939 - Relief of Manuel Bonotan
H.R. 5750 - Relief of Chu Wol Kim
ACTION REQUESTED:
H.R. 8451 - Relief of Jung Shik Yang
H.R. 8907 - Relief of Yong Won Lee
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection -- Ken Lazarus 2/10/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
THE WHITE HOUSE
WASHINGTON
February 11, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF M.V.
SUBJECT:
Enrolled Bills H.R. 1399, H.R. 1758, H.R. 4939
H.R. 5750, H.R. 8451 and H.R. 8907
The Office of Legislative Affairs concurs with the agencies
that the
subject bills be signed.
Attachments
MEMORANDUM
805
NATIONAL SECURITY COUNCIL
February 10, 1976
MEMORANDUM FOR: JAMES CAVANAUGH
aut
FROM:
Jeanne W. Davis
for
SUBJECT:
Enrolled Bills: H. R. 1399
H. R. 1758, H.R. 4939, H.R. 5750
H.R. 8451 and H. R. 8907
The NSC Staff concurs in Enrolled Bills, H.R. 1399 - Relief of Maria
Del Carmen Alvarado Martinez; H.R. 1758 - Relief of Terrence
Jarome Caquiat; H.R. 4939 - Relief of Manuel Bonotan; H. R. 5750 -
Relief of Chu Wol Kim; H.R. 8451 - Relief of Jung Shik Yang; and
H.R. 8907 - Relief of Yong Won Lee.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: February 9
Time: 745pm.
Dick Parsons
in
FOR ACTION:
NSC/SIN in
cc (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarusak
FROM THE.STAFF SECRETARY.
DUE: Date: February 11
Time: 200pm
SUBJECT:
Enrolled Bill:
H.R. 1399 - Relief of'Maria Del Carmen
Alvarado Martinez
H.R. 1758 - Relief of Terrence Jarome
Caquiat
H.R. 4939 - Relief of Manuel Bonotan
H.R. 5750 - Relief of Chu Wol Kim
ACTION REQUESTED:
H.R. 8451 - Relief of Jung Shik Yang
H.R.18907- - Relief of Yong Won Lee
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
H
For Your Comments
Droft Remarks
REMARKS:
Please-returng to Judy Johnston, Ground Foour West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have an questions: OF if you anticipate a
delay in submitting the required material, please
K.R. COLE, JR.
telephone the Staff Secretary surrediately
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: February 9
Time: 745pm
FOR ACTION:
Dick Parsons
CC (for information):
NSC/S
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
February 11
Time: 200pm
SUBJECT:
Enrolled Bill:
H.R. 1399 - Relief of Maria Del Carmen
Alvarado Martinez
H.R. 1758 - Relief of Terrence Jarome
Caquiat
H.R. 4939 - Relief of Manuel Bonotan
H.R. 5750 - Relief of Chu Wol Kim
ACTION REQUESTED:
H.R. 8451 - Relief of Jung Shik Yang
H.R. 8907 - Relief of Yong Won Lee
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Approval of all. RP
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-630
CHU WOL KIM
NOVEMBER 6, 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. 5750]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 5750), for the relief of Chu Wol Kim, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
PURPOSE OF THE BILL
The purpose of this bill is to facilitate the admission into the United
States of the adopted child of citizens of the United States.
GENERAL INFORMATION
The beneficiary of this bill is a 2-year-old native and citizen of
Korea who resides in that country in a foster home. She is coming to
the United States for adoption by citizens of the United States who
have two natural children and two adopted Canadian-born children
who are all citizens of the United States.
The pertinent facts in this case are contained in a letter dated Sep-
tember 4, 1975, from the Commissioner of Immigration and Naturali-
zation to the Chairman of the Committee on the Judiciary. That letter
and accompanying memorandum read as follows:
U.S. DEPARTMENT OF JUSTICE,
IMMIGRATION AND NATURALIZATION SERVICE,
Washington, D.C., September 4, 1975.
Hon. PETER W. RODINO, Jr.,
Chairman, Committee on the Judiciary, House of Representatives,
Washington, D.C.
DEAR MR. CHAIRMAN: In response to your request for a report rela-
tive to the bill (H.R. 5750) for the relief of Chu Wol Kim, there is
attached a memorandum of information concerning the beneficiary.
57-007
2
3
The bill would provide that the two-year-old beneficiary, who is to
A petition to classify orphan as an immediate relative filed
be adopted by United States citizens, may be classified as a child and
on behalf of the beneficiary was denied on February 11. 1975.
granted immediate relative status subject to the provisions of the Im-
The denial was based on the fact that the Solem's had pre-
migration and Nationality Act relating to adoption requirements. The
viously filed visa petitions in behalf of the two orphans
bill contains the usual provision that the natural parents. brothers or
who are now their adoptive children. It was further based
sisters of the beneficiary shall not, by virtue of such relationship, be
on the fact that, pursuant to Section 204(c) of the Immigra-
accorded any right, privilege, or status under the Immigration and
tion and Nationality Act, no more than two such petitions
Nationality Act.
may be approved for one petitioner unless necessary to pre-
Absent enactment of the bill, the beneficiary, a native of Korea,
vent the separation of brothers and sisters. Notice of appeal
would be chargeable to the nonpreference portion of the numerical
from the denial was filed February 27, 1975. The Solem's at-
limitation for immigrants and conditional entrants from countries
torney has requested and received several extensions of time,
in the Eastern Hemisphere.
the last to August 7, 1975, within which to submit a brief.
Sincerely,
When the brief is received the case will be forwarded to the
L. F. CHAPMAN, Jr., Commissioner.
Regional Commissioner for decision on the appeal. Visa num-
Enclosure.
bers under the nonpreference category are currently unavail-
able to natives of Korea.
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NA-
S. 2130, 94th Congress, introduced in behalf of the bene-
TURALIZATION SERVICE FILES RE H.R. 5750
ficiary, is also pending.
Information concerning this case was obtained from Mr.
On August 13, 1975, the Department of State submitted a report
and Mrs. Ralph Solem, the interested parties.
on this legislation which reads as follows:
The beneficiary, Chu Wol Kim, a native and citizen of
DEPARTMENT OF STATE,
Korea, was born on February 21, 1973. She resides in Korea
Washington, D.C., August 13, 1975.
with a foster family. Her natural parents are unknown. She
Hon. PETER W. RODINO, Jr.,
is the ward of Holt Children's Services, Seoul, Korea, and
Chairman, Committee on the Judiciary, House of Representatives,
has been released for adoption by that agency. The De-
Washington, D.C.
partment of Public Welfare of Minnesota has approved
DEAR MR. CHAIRMAN: I refer to your request for a report concern-
the bringing of the beneficiary into the state for adoption.
ing the case of Chu Wol Kim, beneficiary of H.R. 5750, 94th Congress.
The beneficiary has a dysfunction of the leg which is correct-
The bill would provide for the beneficiary's classification as a child
able through surgery.
and for granting of immediate relative status upon approval of a
Mr. and Mrs. Ralph Solem, natives and citizens of the
petition filed by Ralph and Darlyne Solem, American citizens. It also
United States, were born on January 14, 1935 and Feb-
provides that the natural parents or brothers and sisters of the benefi-
ruary 1. 1940, respectively. They were married June 28, 1959
ciary shall not by virtue of such relationship, be accorded any right,
and reside in Oslo, Minnesota. Two children have been born
privilege or status under the Immigration and Nationality Act.
to this marriage. The children reside with their parents. Mr.
The American Embassy at Seoul, Korea, in whose consular jurisdic-
and Mrs. Solem are the adoptive parents of two Canadian-
tion the beneficiary resides, has reported that Kim Chu Wol was born
born children, a brother and sister. Both children were na-
on February 21, 1973, at Seoul, Korea. She is in the care of Holt Chil-
turalized on November 22, 1974. Mr. Solem attended high
drens Services, an adoption agency located in Seoul, Korea, and
school for 31/2 years and served four years in the Air Force.
presently residing in a foster home.
He has been selfemployed as a farmer since 1960. Mrs. Solem
The beneficiary is registered as an intended immigrant chargeable to
is a high school graduate and completed a year and two scho-
the nonpreference category of the numerical limitation for Korea, with
lastic quarters in college. She is not employed outside the
a registration priority date of May 23, 1975.
home. Their income is about $20,000 per year. They com-
A check of the Embassy's visa files failed to reveal any record of
pletely own their home, worth $25,000, eighty acres of farm
derogatory information pertaining to the beneficiary.
land and three automobiles. They own, in partnership with
The beneficiary underwent a medical examination on May 2, 1975,
Mr. Solem's brother, four trucks and various items of farm
and was found to be suffering from rickets, and classified as Class B.
equipment. They have no savings. Their net worth is esti-
Sincerely,
mated at $200,000.
ROBERT J. McCLoskey,
Assistant Secretary for
Congressional Relations.
H.R. 630
H.R. 630
4
Mr. Bergland submitted the following letter in support of his bill:
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES,
Washington, D.C., October 29, 1975.
Congressman JOSHUA EILBERG,
Chairman, Subcommittee on Immigration, Citizenship and Interna-
tional Law.
DEAR CHAIRMAN EILBERG: This is in reference to H.R. 5750, a bill
for the relief of Chu Wol Kim.
I feel this bill has sufficient merit and I introduced it and will sup-
port it for the following reasons:
1. The original denial of the immediate relative petition was based
on the fact that the Solems had previously filed visa petitions in behalf
of two Canadian orphans who are now their adoptive children and
they now wish to share the same benefits with another child who needs
immediate medical attention.
2. Visa numbers for nonpreference category are currently unavail-
able to Korean natives indicating that there is no way to tell when she
would be able to obtain this type of visa.
3. Both the State Department and Justice Department have investi-
gated and have found no derogatory information.
4. The Solems have two Canadian children and were told by the
Immigration and Naturalization Service that if the situation were
reversed, that is, if they would have adopted the Korean child first
and then the two Canadian children, two visas for these children would
probably have been granted.
I would also like to add that I know the Solems and their capacity
to serve as parents. They are kind and generous people and would give
the care to this child that only parents could provide. This has been
demonstrated with their two adopted children and they now wish to
share their love again with Chu Wol Kim.
Thank you for your kind consideration in this matter.
Sincerely,
BoB BERGLAND.
BUDGETARY INFORMATION
This legislation does not provide new budget authority and no esti-
mate or comparison has been received from the Director of the Con-
gressional Budget Office.
OVERSIGHT STATEMENT
The Committee exercises general oversight jurisdiction with respect
to all immigration and nationality matters but no specific oversight is
contemplated in this instance.
COMMITTEE RECOMMENDATIONS
Upon consideration of all the facts in this case. the Committee is of
the opinion that H.R. 5750 should be enacted and accordingly recom-
mends that the bill do pass.
H.R. 630
Calendar No. 586
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-612
CHU WOL KIM
JANUARY 30, 1976.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 5750]
The Committee on the Judiciary, to which was referred the bill
(H.R. 5750) for the relief of Chu Wol Kim, 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 entry into the United
States as an immediate relative of the alien child to be adopted by
citizens of the United States.
STATEMENT OF FACTS
The beneficiary of the bill is a two-year-old native and citizen of
Korea who is currently residing there with a foster family. Her natu-
ral parents are unknown. The prospective adoptive parents reside in
Oslo, Minnesota, and are the natural parents of two children, and the
adoptive parents of two sibling Canadian-born children.
A letter, with attached memorandum, dated September 4, 1975, to
the chairman of the Committee on the Judiciary, House of Repre-
sentatives, with reference to the bill reads as follows:
57-007
2
3
U.S. DEPARTMENT OF JUSTICE,
home. Their income is about $20,000 per year. They com-
IMMIGRATION AND NATURALIZATION SERVICE,
pletely own their home, worth $25,000, eighty acres of farm
Washington, D.C., September 4, 1975.
land and three automobiles. They own, in partnership with
Hon. PETER W. RODINO, Jr.,
Mr. Solem's brother, four trucks and various items of farm
Chairman, Committee on the Judiciary, House of Representatives,
equipment. They have no savings. Their net worth is esti-
Washington, D.C.
mated at $200,000.
DEAR MR. CHAIRMAN: In response to your request for a report rela-
A petition to classify orphan as an immediate relative filed
tive to the bill (H.R. 5750) for the relief of Chu Wol Kim, there is
on behalf of the beneficiary was denied on February 11, 1975.
attached a memorandum of information concerning the beneficiary.
The denial was based on the fact that the Solem's had pre-
The bill would provide that the two-year-old beneficiary, who is to
viously filed visa petitions in behalf of the two orphans
be adopted by United States citizens, may be classified as a child and
who are now their adoptive children. It was further based
granted immediate relative status subject to the provisions of the Im-
on the fact that, pursuant to Section 204 (c) of the Immigra-
migration and Nationality Act relating to adoption requirements. The
tion and Nationality Act, no more than two such petitions
bill contains the usual provision that the natural parents, brothers or
may be approved for one petitioner unless necessary to pre-
sisters of the beneficiary shall not, by virtue of such relationship, be
vent the separation of brothers and sisters. Notice of appeal
accorded any right, privilege, or status under the Immigration and
from the denial was filed February 27, 1975. The Solem's at-
Nationality Act.
torney has requested and received several extensions of time,
Absent enactment of the bill, the beneficiary, a native of Korea,
the last to August 7, 1975, within which to submit a brief.
would be chargeable to the nonpreference portion of the numerical
When the brief is received the case will be forwarded to the
limitation for immigrants and conditional entrants from countries
Regional Commissioner for decision on the appeal. Visa num-
in the Eastern Hemisphere.
bers under the nonpreference category are currently unavail-
able to natives of Korea.
Sincerely,
L. F. CHAPMAN, Jr., Commissioner.
S. 2130, 94th Congress, introduced in behalf of the bene-
Enclosure.
ficiary, is also pending.
A letter dated August 13, 1975 to the chairman of the Committee on
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NA-
the Judiciary, House of Representatives, from the Assistant Secretary
TURALIZATION SERVICE FILES RE H.R. 5750
for Congressional Relations, U.S. Department of State, reads as
follows:
Information concerning this case was obtained from Mr.
DEPARTMENT OF STATE,
and Mrs. Ralph Solem, the interested parties.
Washington, D.C., August 13, 1975.
The beneficiary, Chu Wol Kim, a native and citizen of
Hon. PETER W. RODINO, Jr.,
Korea, was born on February 21, 1973. She resides in Korea
Chairman, Committee on the Judiciary,
with a foster family. Her natural parents are unknown. She
House of Representatives, Washington, D.C.
is the ward of Holt Children's Services, Seoul, Korea, and
DEAR MR. CHAIRMAN: I refer to your request for a report concern-
has been released for adoption by that agency. The De-
ing the case of Chu Wol Kim, beneficiary of H.R. 5750, 94th Congress.
partment of Public Welfare of Minnesota has approved
The bill would provide for the beneficiary's classification as a child
the bringing of the beneficiary into the state for adoption.
and for granting of immediate relative status upon approval of a
The beneficiary has a dysfunction of the leg which is correct-
petition filed by Ralph and Darlyne Solem, American citizens. It also
able through surgery.
provides that the natural parents or brothers and sisters of the benefi-
Mr. and Mrs. Ralph Solem, natives and citizens of the
ciary shall not by virtue of such relationship, be accorded any right,
United States, were born on January 14, 1935 and Feb-
privilege or status under the Immigration and Nationality Act.
ruary 1, 1940, respectively. They were married June 28, 1959
The American Embassy at Seoul, Korea, in whose consular jurisdic-
and reside in Oslo, Minnesota. Two children have been born
tion the beneficiary resides, has reported that Kim Chu Wol was born
to this marriage. The children reside with their parents. Mr.
on February 21, 1973, at Seoul, Korea. She is in the care of Holt Chil-
and Mrs. Solem are the adoptive parents of two Canadian-
drens Services, an adoption agency located in Seoul, Korea, and
born children, a brother and sister. Both children were na-
presently residing in a foster home.
turalized on November 22, 1974. Mr. Solem attended high
The beneficiary is registered as an intended immigrant chargeable to
school for 31/2 years and served four years in the Air Force.
the nonpreference category of the numerical limitation for Korea, with
He has been selfemployed as a farmer since 1960. Mrs. Solem
a registration priority date of May 23, 1975.
is a high school graduate and completed a year and two scho-
A check of the Embassy's visa files failed to reveal any record of
lastic quarters in college. She is not employed outside the
derogatory information pertaining to the beneficiary.
S.R. 612
S.R. 612
4
The beneficiary underwent a medical examination on May 2, 1975,
and was found to be suffering from rickets, and classified as Class B.
Sincerely,
ROBERT J. McCLOSKEY,
Assistant Secretary for
Congressional Relations.
The Congressman Bob Bergland, the author of the bill, submitted
the following letter in support of the legislation:
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES,
Washington, D.C., October 29, 1975.
Congressman JOSHUA EILBERG,
Chairman, Subcommittee on Immigration, Citizenship and Interna-
tional Law.
DEAR CHAIRMAN EILBERG: This is in reference to H.R. 5750, 2 bill
for the relief of Chu Wol Kim.
I feel this bill has sufficient merit and I introduced it and will
sup-
port it for the following reasons:
1. The original denial of the immediate relative petition was based
on the fact that the Solems had previously filed visa petitions in behalf
of two Canadian orphans who are now their adoptive children and
they now wish to share the same benefits with another child who needs
immediate medical attention.
2. Visa numbers for nonpreference category are currently unavail-
able to Korean natives indicating that there is no way to tell when she
would be able to obtain this type of visa.
3. Both the State Department and Justice Department have investi-
gated and have found no derogatory information.
4. The Solems have two Canadian children and were told by the
Immigration and Naturalization Service that if the situation were
reversed, that is, if they would have adopted the Korean child first
and then the two Canadian children, two visas for these children would
probably have been granted.
I would also like to add that I know the Solems and their capacity
to serve as parents. They are kind and generous people and would give
the care to this child that only parents could provide. This has been
demonstrated with their two adopted children and they now wish to
share their love again with Chu Wol Kim.
Thank you for your kind consideration in this matter.
Sincerely,
BoB BERGLAND.
Senator Walter F. Mondale has introduced a similar bill S. 2130 for
the relief of the same beneficiary. In view of the fact that the instant
bill is being reported favorably, the bill S. 2130 will be indefinitely
postponed.
The committee, after consideration of all the facts in the case, is of
the opinion that the bill (H.R. 5750) should be enacted.
S.R. 612
CORRECTED SHEET
H. R. 5750
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 Chu Wol Kim.
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, Chu Wol Kim
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
Ralph Solem and Darlyne Solem, citizens of the United States, pur-
suant 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.
Section 204(c) of the Immigration and Nationality Act, relating
to the number of petitions which may be approved, shall be inapplica-
ble in this case.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
3
February 3, 1976
Dear Mr. Director:
The following bills were received at the White
House on February 3rd:
H.R. 1399
H.R. 5750
H.R. 1758
H.R. 8451
H.R. 4046
H.R. 8555
H.R. 4113
H.R. 8907
H.R. 4939
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. c.