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  » Appendix XVIII
Warren Commission Report: Page 766« Previous | Next »

(APPENDIX XV - Transactions Between Lee Harvey Oswald and Marina Oswald, and the U.S. Department of State and the Immigration and Naturalization Service of the U.S. Department of Justice)

from the Soviet Union as soon as possible, I request that the section 243 (g) sanction be waived in Mrs. Oswald's case.193


The Immigration and Naturalization Service ultimately reversed its original position and granted the waiver on May 9, 1962. The letter reversing its initial decision states that the matter has been "carefully reviewed in this office" and that "in view of the strong representations" made in the letter of March 27, the sanctions imposed pursuant to section 243 (g) were thereby waived in behalf of Mrs. Oswald.194


Actually, the Office of Soviet Affairs had informally learned on May 8 that the May 9 letter would be signed by the Immigration and Naturalization Service.195 On the strength of the assurance that a written reversal would be forthcoming immediately, the State Department quickly telegraphed the Moscow Embassy reporting that the waiver had been granted.196 Marina Oswald completed her processing when she, her husband, and daughter came to Moscow in May 1962 on their way from Minsk to the United States.197

Legal Justification for the Decisions Affecting Marina Oswald

Wife of a citizen of the United States.--Section 205 of the Immigration and Nationality Act of 1952 provides for the admission into the United States of persons married to American citizens.198 Once it was determined that Lee Harvey Oswald was born in the United States 199 and had not expatriated himself, his American citizenship was established. Marina Oswald submitted a marriage certificate to show that she was his wife.200 This requirement was, therefore, satisfied.


Assurance that Marina Oswald would not become a public charge.--Section 212(a) (15) of the act provides that aliens will not be admitted to the United States if, in the opinion of the responsible Government official, they "are likely at any time to become public charges." 201 The pertinent Department of State regulations provide that a determination to exclude an alien for this reason must be "predicated upon circumstances which indicate that the alien will probably become a charge upon the public after entry into the United States." 202


In 1962, Oswald was 22 years old and in good health. He had lived in the United States for 17 years before joining the Marine Corps and was, therefore, familiar with its language and customs. He had gained job experience by working 2½ years in a factory which produced electronic equipment. Under these circumstances the Department was not unreasonable in concluding that Oswald's own affidavit that he would support his wife was sufficient assurance that she was not likely to become a charge upon the public after her entry into the United States. The receipt of the affidavit from Marguerite Oswald's employer provided a possible alternative basis for reaching this decision, but since a favorable ruling had already been made on the basis of Oswald's affidavit, the Embassy had no reason to consider the sufficiency of the second affidavit.

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