1st Session SALLY S. SHULMAN OR ZELI SHOLMAN No. 1125 JULY 12, 1955.-Committed to the Committee of the Whole House and ordered to be printed Mr. FEIGHAN, from the Committee on the Judiciary, submitted the following REPORT To accompany H. R. 5767 The Committee on the Judiciary, to whom was referred the bill (H. R. 5767) for the relief of Sally S. Shulman or Zeli Sholman, 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 waive an exclusion clause of the immigration laws, concerning the commission of a crime involving moral turpitude, in behalf of the husband of a citizen of the United States. GENERAL INFORMATION The beneficiary of this bill, Sally S. Shulman, is the 22-year-old husband of a citizen of the United States. He is a native of Latvia and a citizen of Israel. He was convicted for theft in 1948 for "dismantling of pipes" and in 1952 on a charge of conspiracy to commit. common assault. The pertinent facts in this case are contained in a letter, dated August 24, 1954, from the Commissioner of Immigration and Naturalization to the then chairman of the Committee on the Judiciary, regarding a bill pending during the 83d Congress (H. R. 9400) 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. AUGUST 24, 1954. Dear Mr. ChaIRMAN: In response to your request of the Department of Justice for a report relative to the bill (H. R. 9400) for the relief of Sally S. Shulman or Zeli Sholman, there is attached a memorandum of information concerning the beneficiary. This memorandum has been prepared from the Immigration and Naturalization files relating to the beneficiary by the New York, N. Y., office of this Service, which has custody of those files. The bill would authorize the alien's admission into the United States for permanent residence notwithstanding the provisions of section 212 (a) (9) of the Immigration and Nationality Act, which excludes from admission into the United States aliens convicted of crimes involving moral turpitude, if he is found to be otherwise admissible under the provisions of that act. Sincerely, MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE SALLY S. SHULMAN, BENEFICIARY OF H. R. 9400 Information concerning the beneficiary, Sally S. Shulman also known as Zeli Sholman also known as Zeli Shulman, has been furnished by his wife, Hannah Shulman nee Koblentz, who is the sponsor of the bill. The beneficiary, born December 6, 1932, is a native of Latvia and a citizen of Israel. He is a graduate of the Gymnasium of Riga, Latvia. In 1945, he emigrated to Israel where he presently resides. He is employed as a seaman by the Shoham Maritime Service, Ltd., a subsidiary of Zim Israel Navigation Co. He has entered the United States as a seaman on numerous occasions. He has no relatives in any country in the world. He married the sponsor on October 8, 1952, in Brooklyn, N. Y. The consular officer in Haifa, Israel, has refused to issue him a visa on the ground that he was convicted of a crime involving moral turpitude. The sponsor stated that she was informed that on July 4, 1948, the beneficiary was convicted in Israel of the crime of theft. The sponsor, born September 16, 1912, is a native-born United States citizen. She is a graduate of elementary and high schools. Since September 1929 with the exception of the 3-year period that she served with the Women's Army Corps, she has been employed by Metropolitan Life Insurance Co., New York City. She presently occupies the position of assistant office supervisor of one of its branch offices and earns $68 weekly. She has a mother, 3 brothers, and 5 sisters, all of whom are United States citizens. She resides with her mother and two sisters. Her assets consist of $500 on deposit in a savings account, United States Government bonds valued at $2,100, and clothing, jewelry, and personal effects valued at $1,500. The Department of State also submitted a report on this case, dated July 6, 1954, which reads as follows: Hon CHAUNCEY W REED, DEPARTMENT OF STATE, Chairman, Committee on the Judiciary, House of Representatives. DEAR MR. REED: Reference is made to your letter of June 8, 1954, and its enclosures, wherein you requested a report on the facts in the case of Sally S. Shulman, beneficiary of H R 9400, 83d Congress, 2d session According to information contained in the Department's files, Mr. Shulman was refused an immigrant visa by the American Embassy at Tel Aviv, Israel, under the provisions of section 212 (a) (9) of the Immigration and Nationality Act on the ground that he has been convicted on July 4, 1948, in the Magistrates Court of Petach Tiqvah of stealing in violation of section 270 and 23 of Criminal Code Ordinance No 74 of 1936 for Palestine. The facts set forth in the court record indicate that Mr Shulman and an unknown person invited two others to engage in the dismantling of certain pipes which were the property of another person who had not authorized such dismantling. The facts further show Mr. Shulman was adjudged guilty of the offense while the two others involved in the incident were acquitted by the court. The Department's records also reveal convictions recorded against Mr. Shulman on January 4, 1952, for willfully and unlawfully causing damage to property, and on February 28, 1952, on a charge of conspiracy to commit common assault. As stealing, also known as larceny or theft, has been held to constitute a crime involving moral turpitude within the meaning of the provisions of section 212 (a) (9) of the Immigration and Nationality Act, the American consular officer to whom Mr. Shulman should apply would have no choice other than to continue to refuse to issue a visa in his case. At this time the Department has no knowledge of any factor in Mr Shulman's case, other than the information herein before cited, which would render him ineligible to receive an immigrant visa. However, it should be borne in mind that any other ground of ineligibility which may come to light prior to visa issuance would preclude Mr. Shulman from receiving a visa. Sincerely yours, EDWARD S. MANEY, Director, Visa Office, (For the Secretary of State). Mr. Dorn, of New York, the author of this bill, submitted the following letters in support of his measure: Hon. FRANCIS E. WALTER, HOUSE OF REPRESENTATIVES, Chairman, Subcommittee No. 1, Committee on the Judiciary, House of Representatives, Washington, D. C. DEAR COLLEAGUE: Under date of April 20, 1955, I introduced bill H. R. 5767, for the relief of Sally S. Shulman or Zeli Sholman. This bill was previously introduced by me in the 83d Congress (H. R. 9400), and you have in your file copies of the reports of the Immigration and Naturalization Service (submitted August 24, 1954) and the Department of State (submitted July 6, 1954). I should like to mention that immediately upon the enactment of Public Law 770 of the 83d Congress, every effort has been directed toward bringing this case to a successful conclusion via the administrative relief contained therein. However, the Israeli Government refuses to cooperate and the American Embassy in Tel Aviv is estopped from completing its action. The wife of the beneficiary of this measure, Mrs. Hannah Sholman, joined her husband in Israel last fall in an effort to assist him in acquiring the necessary evidence from the Israeli Government, but she has met with no success. They refuse to go on record, officially, with regard to the value of the goods involved in the theft which has brought about Mr. Sholman's exclusion under section 212 (a) (9). As a matter of fact, I discussed this matter with the Israeli Embassy here and requested their assistance, to no avail. I am enclosing herewith a copy of a letter received by me from the Department of State, containing information furnished them by the Tel Aviv Embassy-and bearing out the statements contained above. In view of this anomalous situation, I have again resorted to a legislative remedy. I hope that early consideration by the subcommittee is possible. Thanking you, and with kind regards, I am Sincerely yours, FRANCIS E. DORN. DEPARTMENT OF STATE, Hon. FRANCIS E. DORN, House of Representatives. DEAR MR. DORN: I refer to your continued interest in the case of Mr. Sally Shulman, who is an applicant for an immigrant visa at the American Embassy at Tel Aviv, Israel. The Embassy has recently reported that its efforts to obtain the information which might determine Mr. Shulman's eligibility to relief under section 4 of Public Law 770 have been impeded because Mr. Shulman due to his calling as a seaman, was unable to appear personally for an interview until January 1955, when he was further advised as to how to obtain the data necessary to reopen his case. The consular report states that Mr. Shulman has been unable to secure the cooperation of the Israeli police in appraising the value of the goods involved in the theft of which he was convicted. The report further states that a police officer finally telephoned the Embassy at Mr. Shulman's request and said that the estimated value of the goods concerned was approximately 100 Israeli pounds. It was also indicated that the police were unwilling to confirm their statement in written form. The report adds that Mr. Shulman was then informed that if it were established that 100 Israeli pounds was the true value of the goods at the time of the theft further consideration could not be granted under section 4 of Public Law 770. The report states in conclusion that no final action was taken and no definitive statements sent Mr. Shulman in view of the fact that no official documents were ever submitted by him in response to the Embassy's requests. I shall keep you informed of any further developments in the matter. ROLLAND WELCH, Director, Visa Office. Upon consideration of all the facts in this case the committee is of the opinion that H. R. 5767 should be enacted and accordingly recommends that the bill do pass. LUISA GUIDI MILLER JULY 12, 1955.-Committed to the Committee of the Whole House and ordered to be printed. Miss THOMPSON of Michigan, from the Committee on the Judiciary submitted the following REPORT [To accompany H. R. 6896] The Committee on the Judiciary, to whom was referred the bill (H. R. 6898) for the relief of Luisa Guidi Miller, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE BILL The purpose of this bill is to facilitate the admission into the United States of Luisa Guidi Miller. GENERAL INFORMATION The beneficiary of this bill is a 17-year-old native and citizen of Italy whose mother is the wife of a United States citizen serviceman. The beneficiary has been adopted by her stepfather and will be unable to join her parents in the United States unless this bill is enacted. The pertinent facts in this case were submitted to the committee by Representative Poage, and are contained in a letter dated June 27, 1955, which reads as follows: CONGRESS OF THE UNITED STATES, Hon. FRANCIS E. WALTER, Chairman, Subcommittee on Immigration and Naturalization, House Judiciary Committee. DEAR MR. CHAIRMAN: On June 16, 1955, I introduced an immigration bill for the relief of one Luisa Guidi Miller. A copy of the bill is enclosed. This is a very peculiar case, and I am, therefore, writing you to see if the passage of my bill could not be expedited. It seems that M. Sgt. Charles C. Miller met an |