Mr. Coleman.

Now as the wife of an American citizen, I take it Marina would have the right to come into the country under a nonquota status?

Mr. Mcvickar.

Yes; that is correct.

Mr. Coleman.

What were the saner.ions imposed by section 243 (g), which you referred to in the memorandum?

Mr. Mcvickar.

There is a provision 243(g), section 243(g) of the Immigration and Nationality Act, which provides that countries which--and I am just taking this from memory now--which do not accept either at all or readily, I suppose, deportees from the United. States may not be granted, the nationals of those countries may not be granted immigration visas.
There is, however, a procedure for waiving these sanctions in individual cases, and as I recall the regulations, there was a procedure for waiving these sanctions in the cases of relatives of American citizens, and in the case of Soviet citizens who wanted to go to the United States.
So Soviet citizens who were relatives of American citizens could receive a waiver of these sanctions. Is that clear?

Mr. Coleman.

If the sanctions had not been waived, what would be the effect of refusing to waive the sanctions?

Mr. Mcvickar.

If the sanction was not waived, the effect would be a denial in effect, by the Immigration and Naturalization Service of the Department of Justice, of authority to issue the visa.
The exact legality of this I am not sure, but I know that we couldn't immigration visa because she would not be admitted at the port of entry.

Mr. Coleman.

Would that mean that Marina could not have come to the United States?

Mr. Mcvickar.

It would mean that she could not enter the United States, but it would not mean that she could not depart from the Soviet Union if she had a Soviet visa. And, presumably, maybe at some later time this----

Mr. Coleman.

Couldn't she have gone to say, Brussels, for example, in Belgium?

Mr. Mcvickar.

And then applied for a visa there? This may be.

Mr. Coleman.

Did you have any discussions when you were in the Embassy as to whether if the sanctions imposed by section 243 (g) were not waived, that you should send her to Brussels and let her get a visa there?

Mr. Mcvickar.

I think that the. record shows that there were such discussions, but they did not take place during the time I was there.

Mr. Coleman.

When did you leave?

Mr. Mcvickar.

I left on September the 1st of 1961.

Mr. Coleman.

In this memorandum which is Commission Exhibit No. 944, you indicated that you thought a favorable advisory opinion and approval of the petition is recommended, together with a waiver of the sanctions.

Mr. Mcvickar.

Imposed by section 243 (g) of the act, yes. This was a routine request which would have been made in any similar case using almost exactly that type of language.
In short, this was the two actions that we had to receive from Washington in order to he in a position to issue this visa.

Mr. Coleman.

The first action to get the petition granted, that depended upon whether she was ineligible, because she belonged to a Communist organization, didn't it?

Mr. Mcvickar.

Yes; that is exactly right.

Mr. Coleman.

As to that in your memorandum you indicated that since she belonged to the' Soviet trade union for medical workers, because she had to belong to that to get a job, that you would recommend that the membership be considered involuntary.

Mr. Mcvickar.

Yes.

Mr. Coleman.

Under section 212 (A) (28) (i) of the act?

Mr. Mcvickar.

Yes; that is correct.

Mr. Coleman.

Is it the general practice to indicate that such membership is involuntary when it is connected with employment?

Mr. Mcvickar.

Yes; there are instructions from the Department giving guidance to officers in general terms, that indicate that membership in mass organizations,