Despite Oswald’s reference to his letter of December 1960, there is no indication that he had written to the Embassy previously.[A15-83] Furthermore, his diary refers to his February 1 letter as his “first request” concerning his return to the United States.[A15-84]
On February 28, 1961, the Embassy wrote Oswald that he would have to come to Moscow to discuss the passport and expatriation matters.[A15-85] Then on March 20, 1961, a second letter from Oswald, dated March 12, was received by the Embassy. It read:
In reply to your recent letter. I find it inconvenient to come to Moscow for the sole purpose of an interview.
In my last letter I believe I stated that I cannot leave the city of Minsk without permission.
I believe there exist in the United States also a law in regards to resident foreigners from Socialist countries, traveling between cities.
I do not think it would be appropriate for me to request to leave Minsk in order to visit the American Embassy. In any event, the granting of permission is a long drawn out affair, and I find that there is a hesitation on the part of local officials to even start the process.
I have no intention of abusing my position here, and I am sure you would not want me to.
I see no reasons for any preliminary inquires not to be put in the form of a questionnaire and sent to me.
I understand that personal interviews undobtedly make to work of the Embassy staff lighter, than written correspondence, however, in some cases other means must be employed.[A15-86]
After receiving the first letter postmarked February 5, the Embassy on February 28 forwarded a despatch to the Department informing it of Oswald’s letter and its reply to Oswald. At that time, the Embassy also inquired of the Department whether Oswald would be subject to prosecution on any grounds if he should return to the United States and, if so, whether Oswald should be so informed. The Department was also asked whether there was any objection to returning Oswald’s 1959 passport to him by mail, since that might facilitate his application for a Soviet exit visa.[A15-87] Upon receiving Oswald’s March 20 letter, the Embassy again consulted with Washington. The Embassy proposed that it write Oswald repeating that he must come to Moscow if he wanted to discuss reentering the United States and pointing out that the Soviet government did not object to such visits by American citizens.[A15-88] Such a letter was mailed to Oswald on March 24.[A15-89]
In the meantime, the State Department was considering the Embassy despatch of February 28, 1961.[A15-90] Although a different response was originally recommended by a staff member in the Passport Office,[A15-91] the Department instructed the Embassy on April 13 that for security reasons Oswald’s passport should be given to him only if he personally appeared at the Embassy and that even then he was to receive the document only after a full investigation had been made and the Embassy was satisfied that he had not renounced his American citizenship. Also, he was to present evidence that he had made arrangements to depart from the Soviet Union to travel to the United States, and his passport was to be stamped valid for direct return to the United States only. The Department also told the Embassy that Oswald could not be advised whether or not he would be prosecuted for any possible offenses should he return to the United States.[A15-92] Matters remained in this posture for over a month. During the interim, Oswald met and married Marina Nikolaevna Prusakova.[A15-93]
On May 26, 1961, the Embassy sent a despatch to the Department[A15-94] advising that on May 25, 1961, it had received a letter from Oswald postmarked Moscow, May 16, 1961.[A15-95] In his latest letter Oswald said he wanted “to make it clear” that he was asking for full guarantees that he would not be prosecuted “under any circumstances” should he return to the United States. Oswald went on to say that if the Embassy could not give him these assurances, he would “endeavor to use my relatives in the United States, to see about getting something done in Washington.” He also informed the Embassy that he was married to a Russian woman who would want to accompany him back to his native country, and he once again repeated his reluctance to come to Moscow. The Embassy suggested that it reply to Oswald by repeating that the question of citizenship could only be made on the basis of a personal interview, and by advising Oswald of the requirements and procedures pertaining to his wife’s immigration. The despatch noted that Oswald’s letter referred to his present Soviet internal passport in which he claimed to be designated as “without citizenship,” and observed: “It would appear on this basis that Oswald has not yet expatriated himself under Section 349(a) (1) of the Immigration and Nationality Act.” The Embassy inquired whether the Department considered Oswald entitled “to the protection of the United States Government while he continues to reside abroad under present circumstances in the absence of reasonable evidence that he has committed an expatriating act?”
The Department answered the despatch under date of July 11, 1961. It said that it was not entirely clear what the description “without citizenship” means, i.e., “whether he is without Soviet citizenship or without any citizenship.” The instructions continued:
In any event in the absence of evidence showing that Mr. Oswald has definitely lost United States citizenship he apparently maintains that technical status. Whether he is entitled to the protection of the United States pending any further developments concerning his precise status is a matter which will be left to the Embassy’s discretion in the event an emergency situation should arise. In a situation of this kind, not of an emergency nature, the facts should be submitted to the Department.
It is noted that the Embassy intends to seek the Department’s prior advice before granting Mr. Oswald documentation as a United States citizen upon any application he may submit.
The Embassy’s careful attention to the involved case of Mr. Oswald is appreciated * * *[A15-96]
However, on Saturday, July 8, 1961, before the Embassy had received the response from Washington, Oswald appeared without warning at the Embassy in Moscow. Snyder came down to meet Oswald after Oswald called him on the house telephone, and after a brief talk, asked Oswald to return on Monday, July 10.[A15-97] Later that day Oswald telephoned his wife and told her to come to Moscow, which she did the next day.[A15-98] Oswald returned alone to the American Embassy on Monday, where Snyder questioned him about his life in Russia. According to a memorandum which Snyder prepared shortly afterwards:
Twenty months of the realities of life in the Soviet Union have clearly had a maturing effect on Oswald. He stated frankly that he learned a hard lesson the hard way and that he had been completely relieved about his illusions about the Soviet Union * * * Much of the arrogance and bravado which characterized him on his first visit to the Embassy appears to have left him.[A15-99]