Grant of Section 243(g) Waiver for Marina Oswald
The Immigration and Naturalization Service reversed its initial position and granted the section 243(g) waiver for Marina Oswald on May 9, 1962. A letter from the INS stated that the matter had been “carefully reviewed in this office” and that, in view of the strong representations made in the March 27 letter, the sanctions imposed pursuant to section 243(g) were waived in behalf of Mrs. Oswald. The State Department’s Office of Soviet Affairs had informally learned on May 8 that the letter would be signed the following day, and the State Department quickly telegraphed the Moscow Embassy reporting that the waiver had been granted. 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.
Legal Justification for Decisions Affecting Marina Oswald
The legal justification for the decisions affecting Marina Oswald rested on four main grounds: her status as the wife of a U.S. citizen under section 205 of the Immigration and Nationality Act of 1952; the assurance, supported by Lee Harvey Oswald’s affidavit, that she would not become a public charge under section 212(a)(15); her membership in a Communist organization under section 212(a)(28), which was held not to bar her admission; and the waiver of the section 243(g) sanctions that had been imposed against the Soviet Union. Each of these justifications is analyzed in turn in the following sections.
Marina Oswald as U.S. Citizen’s Wife
Marina Oswald’s status as the wife of a U.S. citizen was established under section 205 of the Immigration and Nationality Act of 1952, which provides for the admission into the United States of persons married to American citizens. Lee Harvey Oswald’s American citizenship was established once it was determined that he was born in the United States and had not expatriated himself. Marina Oswald submitted a marriage certificate to show that she was his wife, thereby satisfying the statutory requirement.
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