79TH CONGRESS 1st Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 164

GRANTING A NONQUOTA STATUS TO CERTAIN ALIEN VETERANS AND THEIR WIVES

FEBRUARY 20, 1945.-Referred to the House Calendar and ordered to be printed

Mr. MASON, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany H. R. 433]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 433) to grant a nonquota status to certain alien veterans and their wives and minor unmarried children, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The sole purpose of this bill is to grant a nonquota status to alien veterans who have served honorably as members of the military or naval forces of the United States during the Spanish War and the First and Second World Wars. The same privilege is accorded to their wives and unmarried children under 21 years of age.

GENERAL INFORMATION

Under the Immigration Act of May 26, 1924, enacted to limit the immigration of aliens into the United States only a limited number of aliens can come to this country as immigrants each year from most countries of the world. Under existing law there are a number of nonquota classes found in section 4 of that act. These classes include members of the immediate families of citizens of the United States, immigrants previously lawfully admitted to the United States who are returning from a trip abroad, natives of the Western Hemisphere countries, and others. The bill merely adds a new subsection to section 4 providing for a nonquota status for the classes of persons mentioned in the bill.

The bill was sponsored by the American Legion and was endorsed by a number of persons. There was no opposition to the bill.

The Attorney General, under date of February 10, 1945, addressed a letter to the chairman of the committee, which letter is quoted herewith:

Hon. SAMUEL DICKSTEIN,

FEBRUARY 10, 1945.

Chairman, Committee on Immigration and Naturalization,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department relative to a bill (H. R. 433) to grant a nonquota status to certain alien veterans, their wives and minor children.

Under existing law, certain classes of immigrants are designated as "nonquota immigrants" and may be admitted to the United States for permanent residence, if otherwise eligible, without regard to quotas (8 U. S. C. 204).

The purpose of the bill is to create an additional class of nonquota immigrants, namely, persons who have served honorably as members of the military or naval forces of the United States during the Spanish-American War, the Philippine Insurrection, the First World War, or the present war. In addition, the wife and unmarried minor children of any person within the foregoing groups would likewise be included.

This bill is identical with a bill (H. R. 4571, 78th Cong.) which was favorably reported by your committee on November 27, 1944 (H. Rept. No. 1943, 78th Cong., 2d sess.).

I find no objection to the enactment of the bill.

I have been advised by the Director of the Bureau of the Budget that there is no objection to the submission of this report.

Sincerely yours,

FRANCIS BIDDLE, Attorney General.

A similar bill, H. R. 4571, was favorably reported by the committee in the Seventy-eighth Congress.

After careful consideration of the measure the committee are of the opinion that the bill has considerable merit and unanimously recommend that the bill do pass.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by this bill are shown as follows (existing law in which no change is made is printed in roman; omitted matter is printed within black brackets; the new matter is printed in italics):

THE IMMIGRATION ACT OF MAY 26, 1924, AS AMENDED (43 STAT. 153)

SECTION 4

When used in this Act the term "nonquota immigrant" means—

(a) An immigrant who is the unmarried child under twenty-one years of age, or the wife, or the husband, of a citizen of the United States: Provided, That the marriage shall have occurred prior to issuance of visa and, in the case of husbands of citizens, prior to July 1, 1932.

(b) An immigrant previously lawfully admitted to the United States, who is returning from a temporary visit abroad;

(c) An immigrant who was born in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, and his wife, and his unmarried children under eighteen years of age, if accompanying or following to join him;

(d) An immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination, or professor of a college, academy, seminary, or university; and his wife, and his unmarried children under eighteen years of age, if accompanying or following to join him;

(e) An immigrant who is a bona fide student at least fifteen years of age and who seeks to enter the United States solely for the purpose of study at an accredited school, college, academy, seminary, or university, particularly designated by him and approved by the Attorney General, which shall have agreed to report to the Attorney General the termination of attendance of each immigrant student, and if any such institution of learning fails to make such reports promptly the approval shall be withdrawn; or

(f) Any woman who was a citizen of the United States and lost her citizenship by reason of her marriage to an alien, or the loss of United States citizenship by her husband, or by marriage to an alien and residence in a foreign country [.]; or (g) An immigrant who has served honorably as a member of the military or naval forces of the United States at any time after April 20, 1898, and before July 5, 1902; or after April 5, 1917, and before November 12, 1918; or who has served or hereafter serves honorably in the said forces after September 16, 1940, and until such time as the United States shall cease to be in a state of war; and his wife and unmarried child under twenty-one years of age.”