Before adjudicating a petition for an eligible beneficiary residing in the USSR, Czechoslovakia or Hungary, against which sanctions have been imposed, the district director shall obtain a report of investigation regarding the petitioner which shall include an affiliation of a subversive nature disclosed by a neighborhood investigation, local agency records and responses to Form G-135a. * * * If no substantial derogatory security information is developed, the district director may waive the sanctions in an individual meritorious case for a beneficiary of a petition filed by a reputable relative to accord status under Section 101 (a)(27) (A) or Section 203(a) (2), (3) or (4). * * * If substantial adverse security information relating to the petitioner is developed, the visa petition shall be processed on its merits and certified to the regional commissioner for determination whether the sanctions should be waived. The assistant commissioner shall endorse the petition to show whether the Waiver is granted or denied, and forward it and notify the appropriate field office of the action taken. * * * 215
State Department regulations are much less explicit.216 The State Department's visa instructions for the guidance of consular officers provide, "The sanctions will be waived only in individual meritorious cases in behalf of a beneficiary of a petition filed by a reputable relative pursuant to [sections] of the act." 217
Because Lee Harvey Oswald signed the petition on Marina's behalf, his character was relevant to whether the sanctions of section 243 (g) could be waived for her. The file on Lee Harvey Oswald which was maintained by the Department of State and made available to the Department of Justice for purposes of passing on his wife's application contained the facts relating to Oswald's attempted expatriation. However, despite the derogatory material in the Oswald file, the Im-