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

Initial Section 243(g) Waiver Denial

Initial Section 243(g) Waiver Denial On January 25, 1962, the Dallas field investigation results were consolidated into a report and sent to the District Director in San Antonio with a covering memorandum the next day. Although the immigrant inspector had endorsed the case “approved,” the memorandum author overruled that decision on the grounds that the sanctions under section 243(g) should not be waived, finding that Oswald was not a “reputable relative” within the meaning of Operations Instructions 205.3. On January 30, 1962, the San Antonio District Director affirmed this denial, concluding that Oswald’s recent statements about learning from his Russian experiences were insufficient to relieve doubts raised by his arrogant, anti-American statements upon entering Russia in 1959. The Washington office of the INS also concurred that section 243(g) provisions should not be waived, but indicated the correct disposition was to grant the petition with a notation that the waiver was not authorized. On February 28, 1962, the Dallas office notified the State Department and Moscow Embassy of this disposition, and Oswald later told the Embassy he received the notice on March 15.

State Department Effort to Reverse Waiver Denial

State Department Effort to Reverse Waiver Denial The plan to obtain Marina’s visa in Belgium became unnecessary when the Immigration and Naturalization Service began reconsidering the section 243(g) waiver. On March 16, 1962, the Soviet desk at the State Department took initial action to seek a change by sending a memorandum to the Visa Office urging that INS be asked to reconsider. The memorandum argued that it was in U.S. interest to get Oswald and his family out of the Soviet Union quickly because Oswald was an unstable character whose actions were unpredictable, and that refusing to issue a visa would allow the Soviet Government to argue the United States imposed a forced family separation, weakening the Embassy’s position in other cases. The State Department subsequently notified the Moscow Embassy that the decision was under review and instructed it to withhold action pending reconsideration.

Section 243(g) Waiver Request

Section 243(g) Waiver Request The Visa Office first contacted the Washington INS office informally and was advised that any letter requesting review should come from the Director or Acting Administrator level, since the case had been carefully considered at the Assistant or Deputy Associate Commissioner level. On March 27, 1962, an acting administrator in the State Department wrote to the Commissioner of Immigration and Naturalization requesting that the section 243(g) sanction be waived in Marina’s case. The letter acknowledged the difficulty of the case given Oswald’s background but argued that refusing a visa would effectively punish Marina and the Oswalds’ newborn child for Mr. Oswald’s earlier indiscretions, noted the $500 repatriation loan the Government had advanced to Oswald, and emphasized the importance of not allowing the Soviet Government to claim it had done its part while the U.S. refused to issue a visa, which would weaken the Embassy’s position in encouraging positive Soviet action in other cases.

Brussels Embassy Visa Processing Option

Brussels Embassy Visa Processing Option As an alternative to obtaining the visa at the Moscow Embassy where section 243(g) sanctions applied, the Moscow Embassy on March 16, 1962 inquired of the Brussels Embassy whether Marina could obtain her visa there. The Brussels Embassy replied affirmatively, indicating a visa could be issued to Marina within two or three days of her arrival. The Marina Oswald file was accordingly sent to the Brussels Embassy to preserve this option pending the outcome of the State Department’s effort to have INS reverse its denial of the section 243(g) waiver.

CAPÍTULO II. With the assistance of Agent in Charge Sorrels of the

Chapter II describes how the U.S. Immigration and Naturalization Service ultimately reversed its original position and granted a waiver of section 243(g) sanctions on May 9, 1962, enabling Marina Oswald to immigrate to the United States with her husband Lee Harvey Oswald and their daughter. After a careful review and in view of strong State Department representations, the INS waived the sanctions in behalf of Mrs. Oswald. The chapter then sets out the legal justifications for the decisions affecting Marina Oswald’s admission, including her status as the wife of a U.S. citizen, the assurance that she would not become a public charge, her membership in Communist organizations, and the waiver of section 243(g) provisions. The chapter also covers Oswald’s letter to Senator John G. Tower and the State Department repatriation loan extended to Oswald for passage from Moscow to New York.