130 Baird, Annie

The Secretary of State to the Vice Consul at Dundee (Dunlap)

Reference is made to previous correspondence concerning the case of Miss Annie Baird (Ann Allan Baird Gardyne).

You are informed that a despatch has been received from the American Embassy at London transmitting a copy of a communication from the British Foreign Office from which it appears that the British government is of the opinion that the Adoption of Children (Scotland) Act, 1930, is not retroactive and that the agreement entered into between John Gardyne and James and Ann Allan Baird was inoperative under the laws of Scotland to change Miss Baird’s personal status.

In view of the foregoing it will be necessary for the Department to regard Miss Baird as having the status of an alien inasmuch as the naturalization of James Baird would not confer American citizenship upon her under the circumstances. You are requested, therefore, to take up Miss Baird’s passport (No. 368665) and to forward it to the Department for cancellation.

Inasmuch as the predicament in which Miss Baird now finds herself was based upon an unintentional misunderstanding of her personal status by the parties concerned, it seems highly desirable, in the event Miss Baird still desires to return to the United States, that her case be handled in a sympathetic manner and that she be rendered all possible assistance consistent with your office. However, in order for Miss Baird to return to this country it would appear to be necessary that she obtain an appropriate immigration visa from an American consular officer abroad. If she is unable to establish the status of a non-quota returning alien within the meaning of Section 4 (b) of the Immigration Act of [Page 23]1924,22 as amended, she would appear to be properly classifiable as a non-preference quota immigrant. Under either classification it would, of course, be necessary that she establish that she is not inadmissible into the United States under the immigration laws before an immigration visa could properly be issued to her.

An extra copy of this instruction is enclosed in order that it may be forwarded, together with any other pertinent information regarding the case, to the American Consul General at Glasgow.

  1. Approved May 26, 1924; 43 Stat. 153.