1st Session No. 828 ORVILLE ENNIS JUNE 15, 1955.-Committed to the Committee of the Whole House and ordered to be printed Mr. WALTER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 3871] The Committee on the Judiciary, to whom was referred the bill (H. R. 3871) for the relief of Orville Ennis, 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 grant third preference quota status to Orville Ennis, a 6-year-old Austrian child whose mother has been admitted to the United States for permanent residence. GENERAL INFORMATION The pertinent facts in this case are contained in a letter, dated July 23, 1954, from the Commissioner of Immigration and Naturalization to the then chairman of the Committee on the Judiciary, with reference to a bill pending during the 83d Congress (H. R. 9106) for the relief of the same person. The said letter, and accompanying memorandum, reads as follows: Hon. CHAUNCEY W REED, Chairman, Committee on the Judiciary, House of Representatives, Washington 25, D. C. JULY 23, 1954. DEAR MR. CHAIRMAN: In response to your request of the Department of Justice for a report relative to the bill (H. R. 9106) for the relief of Orville Ennis, there is attached a memorandum of information concerning the beneficiary. This memorandum has been prepared from the Immigration and Naturalization Service files relating to the beneficiary by the New York, N. Y., office of this Service, which has custody of those files. 74012-57 H. Repts., 84-1, vol. 6- -19 The bill would confer third preference status upon the minor alien child pursuant to the provision of section 203 (a) (3) of the Immigration and Nationality Act. The beneficiary is chargeable to the quota of Austria. Commissioner. MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE ORVILLE BERNHARD ENNIS, BENEFICIARY OF H. R. 9106 Information concerning the beneficiary was furnished by Mrs. Helga Ennis, legal resident of the United States, of 30 Seaman Avenue, New York, N. Y., mother of beneficiary. Orville Bernhard Ennis, also known as Orville Bernhard Melnizky, is a native and citizen of Austria, born September 21, 1948, at Linz. On February 23, 1953, a petition by permanent resident alien for issuance of immigration visa was received by the New York, N. Y., office of this Service. On April 9, 1954, the Board of Immigration Appeals denied petition since beneficiary is not the legitimate child of the petitioner mother. The beneficiary is residing in Salzburg, Austria, and is dependent upon his mother, Mrs. Ennis, for support. The beneficiary has no assets or education. Mrs. Helga Ennis, nee Melnizky, mother of beneficiary, married Nat Ennis on August 14, 1952, at Linz, Austria. Both are permanent residents of the United States. Mr. Ennis adopted the beneficiary in the district court of Linz, Austria, on October 28, 1952. Mrs. Ennis stated that the beneficiary was born of an affair with a member of the United States military force who had promised marriage. Mrs. Ennis declined to reveal the name of the father. Mrs. Ennis has a high-school education. She belonged to the Youth Movement in Austria, which was described as a compulsory organization run by the Nazis. The combined assets of Mr. and Mrs. Ennis amount to $3,500, which consist of a bank account and personal goods. Mr. Zelenko, the author of this bill, submitted the following letters and documents in support of his measure: CONGRESS OF THE UNITED STATES, Re Orville Ennis. Hon. EMANUel Celler, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. DEAR MR. CHAIRMAN: I respectfully request that early consideration be given to the above bill. The mother of this youngster is married to an American citizen and is a permanent resident alien of the United States. However, as Orville is not the legitimate child of the mother he has not been able to gain admission to this country. The boy was born September 21, 1948, in Austria, and was known as Orville Bernhard Melnizky. He has been legally adopted by Nat D. Ennis, his mother's husband. I have been advised that the couple in whose care Orville had been are emigrating to the United States very shortly and, therefore, Mrs. Ennis has returned to Austria in order to care for her son until such time as other arrangements can be made or until her son can enter the United States. In view of the situation which has arisen and the fact that the child is so young, I would appreciate it if the bill could receive early consideration. With many thanks and every good wish, I am Sincerely yours, HERBERT ZELENKO, Mrs. HELGA ENNIS, New York 34, N. Y. THE FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, MY DEAR MRS. ENNIS: I acknowledge receipt of your letter dated August 17, 1953, concerning the status of the immigration visa application of your son, Orville Ennis. The files of the consulate reveal that your child was registered for immigration to the United States on March 22, 1949, under the Austrian quota. As the Austrian quota is presently oversubscribed, an indefinite period of waiting must be anticipated before further action can be taken on his application. The consulate is not in a position to estimate with any degree of accuracy how long this waiting period will be. With respect to a visitor's visa for your child, the consulate regrets to inform you that since your son has already received immigrant status, he cannot be considered as eligible to apply for a nonimmigrant visa. I wish to assure you that when your son's turn is reached on the quota waiting list, he will be given every consideration consistent with existing immigration laws and regulations. Sincerely yours, OSCAR C. HOLDER, American Consul. Hon. JACOB K. JAVITS, House of Representatives. THE FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, AMERICAN CONSULATE, Salzburg, Austria, November 16, 1953. MY DEAR MR. JAVITS: I acknowledge receipt of your letter dated November 5, 1953, concerning the status of the immigration visa application of Orville Ennis, son of Mrs. Helga Ennis. Your letter specifically mentions that Mrs. Ennis, who was issued a second-preference immigration visa on October 6, 1952, was advised by this office that her illegitimate son would be entitled to a preference status after her entry into the United States. As you know, determination by this office of preference status for intending immigrants is based upon the receipt of a petition executed on the immigrant's behalf, approved by a District Director of the Immigration and Naturalization Service and the status authorized by the Department of State. Mrs. Ennis, in a letter to this office dated August 17, 1953, advised that her "application which she filled out on behalf of her son" was rejected due to the fact that her son was not a beneficiary within the meaning of section 101 (b) (1) of the Immigration and Nationality Act. The consulate has been advised that there has been no final decision rendered by the Board of Immigration Appeals or the Attorney General on the ruling of the Immigration and Naturalization Service that a child born out of wedlock is not a "child" of his mother as defined by section 101 (b) (1) of the act. It is possible that at the time when Mrs. Ennis was issued her visa she was informed of the possibility of her child qualifying for a preference status since the ruling mentioned above was not then known to this office. However, under the current circumstances it does not appear that the child would qualify for such status, but must wait until his turn is reached on the Austrian nonpreference quota waiting list, under which his name was inscribed on March 22, 1949. You are assured that Orville Ennis is receiving every consideration consistent with existing immigration laws and regulations. Sincerely yours, OSCAR C. HOLDER, American Consul. [Translation from German] ADOPTION AGREEMENT Entered between Nat D. Ennis, of Linz, 13 Dinghoferstr. as foster father on one side and the minor Orville Melnizky, represented by the Youth Board of Linz, and the latter represented by OAR Hans Schratzberger as guardian of the fosterchild, on the other side. Both contracting parties-hereunder called "fosterfather" and "fosterchild”– have concluded this day the following adoption agreement. I. The fosterfather takes as his child Orville Melnizky, born on September 21, 1948, out of wedlock, by Helga Melnizky. II. Herewith the fosterfather assumes with regard to the fosterchild all rights and obligations inherent to parents of a legally born child. Therefore the fosterfather considers it as his highest duty to grant to the child his care, irreproachable in any respect, and an education corresponding to the standing of the fosterfather to lead him to a profession in relation to his capacities, and finally to always take care of his livelihood to the best of his possibilities. III. In the same manner the fosterchild assumes with regard to the fosterfather all obligations and rights, so as such are due to parents of legally born children. The fosterchild should particularly have the inheritance rights which are due to a legally born child. IV. The fosterchild will bear in the future the name of "Ennis." V. The Youth Board of Linz, as the guardian of the child, agrees to the adoption. The declaration of consent of the mother of the child is attached in form of a written declaration. VI. The taking as a child enters in force the day of the juridical authorization and confirmation of the present agreement. The instrument is signed by hand of the contracting parties and those who took part in it. LINZ, September 30, 1952. In force since November 15, 1952, District Court. [SEAL OF THE DISTRICT COURT] DECISION SCHRATZBERGER (SEAL]. [Signed] NAT. D. ENNIS. [Signed] IDA HOLTER. The District Court of Linz, Division 4, agrees that Orville Melnizky born on September 21, 1948, out of wedlock by Helga Melnizky in Linz (birth certified with Office of Civil Register of Linz under No. 3524 of the register of births) is adopted as a child by Nat D. Ennis, technical employee of Linz, 13 Dinghoferstr. and confirms that between Nat D. Ennis as fosterfather on one side and the minor Orville Melnizky represented by the City Youth Board of Linz as guardian, as the fosterchild, on the other side, concluded adoption agreement of September 30, 1952, according to No 181 abGB Henceforth the fosterchild will bear the name of Orville Ennis. [Signed] JOHANNA KUNDMANN. For the authenticity of the instrument. Head of the department. [Signed] JOHANNA KUNDMANN. I swear that I am familiar with both the German and the English languages and that the above translation made by me from the German original is true and correct and done to the best of my ability. H. G HENLEN. Subscribed and sworn to before me, this 5th day of January 1954. [SEAL] Commission expires March 30, 1955. ARTHUR FREDERICK, Notary Public, State of New York. Upon consideration of all the facts in this case the committee is of the opinion that H. R. 3871 should be enacted and accordingly recommends that the bill do pass. о HARRIET L. BARCHET JUNE 15, 1955.-Committed to the Committee of the Whole House and ordered to be printed Mr. HYDE, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 5081] The Committee on the Judiciary, to whom was referred the bill (H. R. 5021) for the relief of Harriet L. Barchet, 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 grant nonquota status as a returning resident to Harriet L. Barchet. GENERAL INFORMATION The beneficiary of this bill is the 80-year-old sister of a citizen of the United States. She was born in China of German missionary parents and derived United States citizenship through the naturalization of her father in 1890, but was subsequently expatriated through prolonged residence abroad. The pertinent facts in this case are contained in a letter, dated October 4, 1954, from the Commissioner of Immigration and Naturalization to the then chairman of the Committee on the Judiciary with reference to a bill pending during the 83d Congress (H. R. 9658) for the relief of the same person. The said letter, and accompanying memorandum, reads as follows: |