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1976/07/12 HR5666 Relief of Hyo-Yun Won
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1976/07/12 HR5666 Relief of Hyo-Yun Won
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The original documents are located in Box 50, folder "1976/07/12 HR5666 Relief of
Hys-Yun Won" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 50 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
87/12/16
ACTION
THE WHITE HOUSE
Last Day: July 17
WASHINGTON
July 9, 1976
Posted
MEMORANDUM FOR
THE PRESIDENT
7/12/76
FROM:
JIM CANNOM of
SUBJECT:
H.R. 5666 - Relief of Hyo-Yun Won
Attached for your consideration is H.R. 5666, sponsored by
archives
Representative Cederberg.
7/12/76
The enrolled bill would authorize the Immigration and
Naturalization Service to grant an immigrant visa to
Hyo-Yun Won, a 15-year old Korean orphan. The child
will be adopted by Mr. and Mrs. Gordon Peek of Traverse
City, Michigan. However, since the Peeks have already
adopted two foreign orphans they are ineligible under
immigration law to file a petition in behalf of Hyo-Yun
Won.
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 H.R. 5666 at Tab B.
BENALD 2 FORD
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
OFFITIVE
STATE
WASHINGTON, D.C. 20503
JUL 8 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 5666 - Relief of Hyo-Yun Won
Sponsor - Rep. Cederberg (R) Michigan
Last Day for Action
July 17, 1976 - Saturday
Purpose
To authorize preferential treatment under the Immigration and
Nationality Act for the admission of an alien orphan 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
The enrolled bill would authorize the Immigration and Naturaliza-
tion Service to grant an immigrant visa to Hyo-Yun Won, a 15-year
old Korean orphan boy, upon approval of an immediate relative
orphan petition to be filed by his prospective adoptive parents.
The beneficiary currently resides in an orphanage in Seoul, Korea;
his natural parents are believed to be deceased and no other
information is available concerning the existence of any natural
brothers and sisters.
Hyo-Yun Won will be adopted by Mr. and Mrs. Gordan Peek of
Traverse City, Michigan. Mr. and Mrs. Peek have five natural
children and have also adopted two foreign orphans. Because the
Peeks have had two other immediate relative petitions for immigrant
visa approved for their adopted children, they are ineligible under
2
immigration law to file a similar petition in behalf of Hyo-Yun
Won. The enrolled bill would waive this limitation in behalf
of the beneficiary. The bill also states that the natural
parents and siblings of the beneficiary are ineligible for
similar preferential treatment for immigration to the United
States because of their relationship to Hyo-Yun Won.
James m. Director Trey for
Legislative Reference
Enclosures
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: July 8
Time:
600pm
FOR ACTION: NSC/S on
cc (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
an
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: July 9
Time: 600pm
SUBJECT:
H.R. 5666 - Relief of Hyo-Yun Won
ACTION REQUESTED:
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
( FORD 1
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
UNITED STATES DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
PLEASE ADDRESS REPLY TO
Washington 25, D.C.
JUL 6 1976
OFFICE OF THE COMMISSIONER
AND REFER TO THIS FILE NO.
A20 927 541
TO
: OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Enrolled Private Bill No. H. R. 5666
; Office of Management
and Budget request dated July 2. 1976
Beneficiary or Beneficiaries Won, Hyo-Yun
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,
thousand
CO Form 18
(REV. 1-17-72)
DEPARTMENT OF STATE
Washington, D.C. 20520
JUL 7 1976
Dear Mr. Lynn:
Reference is made to Mr. Frey's communication
of July 2, 1976, transmitting for comment enrolled
bill, H.R. 5666, "For the relief of Won, Hyo-Yun".
This Department has no objection to the enact-
ment of this bill.
Sincerely yours,
R Robert J. McCloskey Closkey
Assistant Secretary for
Congressional Relations
The Honorable
James T. Lynn
Director,
Office of Management
and Budget.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
Time:
July 8
600pm
FOR ACTION: NSC/S
CC (for information):
Jack Marsh
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: July 9
Time:
600pm
SUBJECT:
H.R. 5666 - Relief of Hyo-Yun Won
ACTION REQUESTED:
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
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate (1
delay in submitting the required material, please
Junest M. Cannon
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
July 9, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF
SUBJECT:
H.R. 5666 - Relief of Hyo-Yun Won
The Office of Legislative Affairs concurs with the agencies
that the bill be signed.
Attachments
MEMORANDUM
3985
NATIONAL SECURITY COUNCIL
July 9, 1976
MEMORANDUM FOR:
JAMES M. CANNON
FROM:
Jeanne W. Davi
MD
SUBJECT:
H.R. 5666
The NSC Staff concurs in the proposed Enrolled Bill H.R. 5666 -
Relief of Hyo- Yun Won.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
1-8-16
JUL 8 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 5666 - Relief of Hyo-Yun Won
Sponsor - Rep. Cederberg (R) Michigan
Last Day for Action
July 17, 1976 - Saturday
Purpose
To authorize preferential treatment under the Immigration and
Nationality Act for the admission of an alien orphan 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
The enrolled bill would authorize the Immigration and Naturaliza-
tion Service to grant an immigrant visa to Hyo-Yun Won, a 15-year
old Korean orphan boy, upon approval of an immediate relative
orphan petition to be filed by his prospective adoptive parents.
The beneficiary currently resides in an orphanage in Seoul, Korea;
his natural parents are believed to be deceased and no other
information is available concerning the existence of any natural
brothers and sisters.
Hyo-Yun Won will be adopted by Mr. and Mrs. Gordan Peek of
Traverse City, Michigan. Mr. and Mrs. Peek have five natural
children and have also adopted two foreign orphans. Because the
Peeks have had two other immediate relative petitions for immigrant
visa approved for their adopted children, they are ineligible under
Calendar No. 951
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-1007
WON, HYO-YUN
JUNE 28 (legislative day, JUNE 18), 1976.-Ordered to be printed
Mr. HRUSKA, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 5666]
The Committee on the Judiciary, to which was referred the bill
(H.R. 5666) for the relief of Won, Hyo-Yun, having considered
the same, reports favorably thereon without amendment and recom-
mends 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 prospective adoptive son of citizens of the United States.
STATEMENT OF FACTS
The beneficiary of this bill is a 14-year-old native and citizen of
Korea, who resides there in an orphanage. He is coming for adoption
by citizens of the United States who have five natural children and
two adoptive alien children. The petition for adoption has been recom-
mended by the appropriate authorities in the State of Michigan where
the beneficiary will reside.
A letter, with attached memorandum, dated November 4, 1975, to
the chairman of the Committee on the Judiciary, House of Repre-
sentatives, from the Commissioner of Immigration and Naturalization
with reference to the bill reads as follows:
UNITED STATES DEPARTMENT OF JUSTICE,
IMMIGRATION AND NATURALIZATION SERVICE,
Washington, D.C., November 4, 1975.
Hon. PETER W. RODINO, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, ashington, D.C.
DEAR MR. CHAIRMAN: In response to your request for a report rela-
tive to the bill (H.R. 5666) for the relief of Hyo-Yun Won, there is
attached a memorandum of information concerning the beneficiary.
57-010
2
3
The bill provides that the fourteen-year-old beneficiary, who is to be
On December 3, 1975 the Department of State submitted a report on
adopted by United States citizens, may be classified as a child and
this legislation which reads as follows:
granted immediate relative status upon approval of a petition to be
DEPARTMENT OF STATE,
submitted in her behalf, notwithstanding the fact that the petitioners
Washington, D.C., December 3, 1975.
have had petitions approved in behalf of other alien children. The bill
Hon. PETER W. RODINO, Jr.,
further provides that the natural parents, brothers and sisters of the
Chairman, Committee on the Judiciary,
beneficiary shall not, by virtue of such relationship, be accorded any
House of Representatives, Washington, D.C.
right, privilege or status under the Immigration and Nationality Act.
Absent enactment of the bill, the beneficiary, a native of Korea,
DEAR MR. CHAIRMAN In reference to your request for a report con-
would be chargeable to the nonpreference portion of the numerical
cerning the case of Won, Hyo Yun, beneficiary of H.R. 5666, 94th
limitation for immigrants and conditional entrants from countries in
Congress, there is enclosed a memorandum of information concerning
the Eastern Hemisphere.
the beneficiary. This memorandum has been submitted by the Ameri-
Sincerely,
can Embassy at Seoul, Korea, where the beneficiary resides.
L. F. CHAPMAN, Jr.,
The bill would provide for the beneficiary's classification as a child
Commissioner.
and for granting of immediate relative status upon approval of a peti-
Enclosure.
tion filed by Gordon and Marilyn Peek, American citizens. It would
provide that the natural parents or brothers and sisters of the bene-
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND
ficiary shall not, by virtue of such relationship, be accorded any right,
NATURALIZATION SERVICE FILES RE H.R. 5666
privilege or status under the Immigration and Nationality Act. The
bill would also waive the provisions of the Immigration and Nation-
Information concerning the case was obtained from Mr.
ality Act relating to the number of petitions which may be approved
and Mrs. Gordon Peek, the prospective adoptive parents of
on behalf of orphans.
the benficiary.
ROBERT J. McCLOSKEY,
The beneficiary, Hyo-Yun Won, a native and citizen of
Assistant Secretary
Korea, was born on June 25, 1961. He resides is Ilsan, Seoul,
for Congressional Relations.
Korea in an orphange operated by Holt Adoption Agency,
Enclosure.
which agency has irrevocably released him for adoption. His
natural parents are believed to be deceased. No other informa-
MEMORANDUM OF INFORMATION CONCERNING H.R. 5666, FOR
tion concerning other members of his family is available.
THE RELIEF OF WON, Hro YUN
Gordon Peek is a United States citizen by birth in Michi-
gan on June 7, 1929. He is a high school graduate, and is em-
(Submitted by the American Embassy at Seoul, Korea)
ployed as a salesman with an annual income of $12,000. His
The beneficiary was born on June 25, 1961, at Seoul, Korea.
wife, Marilyn, is a United States citizen by birth in Michigan,
He is an orphan and resides at the New Hope Boys Home in
on November 17, 1930. She is a high school graduate, and is
Seoul. He is a first year middle school student at the Buchon
not employed outside of their home. They were married on
Middle School.
October 14, 1950, and presently reside in Traverse City, Mich-
The beneficiary is registered as an intending immigrant
igan. They have five natural children. Mr. and Mrs. Peek
chargeable to the nonpreference as an intending immigrant
have also adopted two foreign orphans, ages nine and seven.
limitation for Korea, with a registration priority date of Au-
They own their own home, which is valued at $40,000, life in-
gust 27, 1974.
surance in the amount of $60,000, and furniture and personal
effects worth $9,000.
An Embassy file check failed to reveal any record of derog-
Mr. and Mrs. Peek learned of the beneficiary through the
atory information concerning the beneficiary.
Holt Adoption Agency. They are in the process of adopting
The beneficiary underwent a medical examination on
the beneficiary in the United States. They advised that the
March 14, 1975, and was found to be in good health.
beneficiary was registered for a nonpreference immigrant
Congressman Elford A. Cederberg, the author of the bill, submitted
visa at the American Embassy, Seoul, Korea on August 27,
the following letter in support of the legislation:
1974. However, such visa numbers are not currently available
CONGRESS OF THE UNITED STATES,
to natives of Korea under this category.
HOUSE OF REPRESENTATIVES,
Washington, D.C., March 3, 1976.
Hon. JOSHUA EILBERG,
Chairman, Subcommittee on Immigration, Citizenship and Interna-
tional Law, Rayburn House Office Building, Washington, D.C.
DEAR MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE: I would
like to take this opportunity to urge the Committee's favorable action
S.R. 1007
on my bill, H.R. 5666 for the relief of Hyo Yun Won.
S.R. 1007
4
The bill would insure the beneficiary's classification as a child, and
would grant immediate relative status upon approval of a petition
filed by Gordon and Marilyn Peek of Traverse City, Michigan, the
American citizens who seek to adopt this child.
Mr. and Mrs. Peek have fulfilled all of the adoption requirements
of the State of Michigan. They are fine Americans and exceptional
parents. In February of 1973 Mr. and Mrs. Peek adopted two Korean
sisters thereby utilizing both of their visa petitions thus necessitating
the present action. This couple is anxious to provide a home for Hyo
Yun Won, a fourteen year old orphan and native citizen of Korea.
I urge the Committee to act favorably on this bill SO that this young
man might join the family of Gordon and Marilyin Peek.
Sincerely yours,
ELFORD A. CEDERBERG.
The committee, after consideration of all the facts in the case, is of
the opinion that the bill (H.R. 5666) should be enacted.
S.R. 1007
H.R.5666
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 Won, Hyo-Yun.
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, Won, Hyo-Yun
may be classified as a child within the meaning of section 101 (b)
(1) (F) of the Act, upon approval of a petition filed in his behalf
by Gordan and Marilyn Peek citizens of the United States, pursuant
to section 204 of the Act: Provided, That the natural parents or
brothers or sisters of the beneficiary shall not, by virtue of such
relationship, be accorded any right, privilege, or status under the
Immigration and Nationality Act. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.