Report of the President's Commission on the Assassination of President John F. Kennedy cover
Kennedy, John F

Report of the President's Commission on the Assassination of President John F. Kennedy

Marina Oswald U.S. Entry Authorization

Marina Oswald U.S. Entry Authorization On July 11, 1961, Lee Harvey Oswald and his wife appeared at the American Embassy in Moscow before John A. McVickar, where they executed papers to begin procedures for Marina’s admittance to the United States as a nonquota immigrant as the wife of an American citizen. During the routine interview, Marina stated she was a member of the Trade Union of Medical Workers but denied membership in the Komsomol or any other Communist organization. Marina later admitted to the Commission that she had been a member of the Komsomol but claimed she was expelled when it was learned she intended to accompany her husband to the United States. The Embassy forwarded the application papers to the State Department on August 28, 1961.

Embassy Visa Negotiations for Marina

Embassy Visa Negotiations for Marina Marina Oswald’s ability to obtain a nonquota immigrant visa depended on the favorable resolution of three questions: (1) whether she was the wife of an American citizen, which depended on whether Oswald had expatriated himself; (2) whether she was not and had not been affiliated with a Communist organization on other than an involuntary basis; and (3) whether she was not likely to become a public charge after admission. A fourth issue arose under section 243(g) of the Immigration and Nationality Act, which prohibits issuance of immigrant visas by American Consuls in countries that have refused to accept or delayed accepting the return of persons sought to be deported—the Soviet Union having been designated as such a country in 1953. However, sanctions under section 243(g) are often waived, and Marina could alternatively obtain her visa at an American Embassy in another country if otherwise entitled.

Marina’s Nonquota Visa Eligibility

Marina’s Nonquota Visa Eligibility In a despatch dated August 28, 1961, the Embassy requested a security advisory opinion on Marina Oswald’s application, recommending a favorable opinion and waiver of section 243(g) sanctions, noting that her membership in the Soviet Trade Union for Medical Workers since 1957 was routinely considered to be involuntary. The Department initiated checks with the CIA, FBI, the Office of Security, and the Passport Office. The security check revealed no derogatory information, and in early October 1961, the Department cabled Moscow that the available information established Marina’s eligibility to enter the country as a nonquota immigrant.

Security Review of Marina’s Application

Security Review of Marina’s Application The State Department conducted a thorough security check on Marina Oswald through multiple agencies including the CIA, FBI, the Department’s own Office of Security, and the Passport Office. The security review turned up no derogatory information about Marina, and on this basis the Department concluded in early October 1961 that the available information established her eligibility to enter the United States as a nonquota immigrant. The Department’s decision assumed that prior to obtaining her visa, Marina would need to provide reasonable assurance that she was not likely to become a public charge.

Public Charge Requirement for Marina’s Visa

Public Charge Requirement for Marina’s Visa The State Department encountered difficulty in determining that Marina had met the requirement that she not become a public charge. She knew no one in the United States other than members of Oswald’s family, who lacked the means to furnish substantial financial guarantees. After considerable correspondence with Oswald and the Department, the Embassy decided on March 16, 1962 to accept Oswald’s own affidavit as sufficient assurance, noting his training in a trade that should make him readily employable, his legal obligation to support his wife, and that the family could live with his mother in Texas. The necessity of relying solely upon Oswald’s affidavit was later eliminated when the Department received an affidavit of support from Oswald’s mother’s employer in Vernon, Texas.

INS Investigation of Lee Harvey Oswald

INS Investigation of Lee Harvey Oswald By law, the Attorney General must pass upon an applicant’s eligibility, with this responsibility delegated to District Directors of the Immigration and Naturalization Service. On October 6, 1961, the Visa Office sent a letter to the District Director in Dallas, Texas, transmitting Marina’s marriage certificate, a $10 check from Oswald, and a signed petition to classify Marina for an immigrant visa as the spouse of a U.S. citizen. The INS Dallas office instituted a field investigation on Oswald, conducting routine checks with federal security agencies and local law enforcement, finding no new derogatory information and no evidence that Oswald was ever a Communist Party member. A record check in New Orleans confirmed Oswald’s birth certificate proving his American citizenship. On October 17, 1961, an investigator interviewed Oswald’s brother Robert, who characterized Lee as a “mixed up kid” who had emigrated due to bitterness, possibly from his Marine Corps experience.

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