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

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.

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.