A-4190693 (56075/602).
Decided by Board August 6, 1946. Decided by Attorney General August 14, 1946.
Seventh proviso relief — Section 3 of Immigration Act of 1917 — Discretion.
Though an alien carried perjury into Court in 1933 in connection with a petition for naturalization, discretionary relief may be granted under the seventh proviso to section 3 of the Immigration Act of 1917 (together with the privileges of voluntary departure and preexamination), where the record discloses such perjury was the result of improper advice of counsel and there are factors deserving of favorable consideration.
CHARGES:
Warrant: Act of 1924 — Immigrant without immigration visa.
Lodged: Act of 1917 — Admits commission of crime prior to entry; Perjury and Perjury.
BEFORE THE BOARD
Upon consideration of the entire record, the findings of fact and conclusions of law proposed by the presiding inspector, as approved by the Commissioner on May 22, 1946, are hereby adopted.
Discussion: The respondents are mother and daughter. The adult respondent is a native and citizen of the Netherlands, who first entered the United States, November 26, 1920, as a stewardess on the S.S. Ryndam and deserted. In 1921 she married one P---- G----, an alien, in New York. There is one native-born citizen child of this union. She lived with G---- until 1926 when, without termination of her marriage, she departed to Canada with one O---- S----. She lived with S---- as man and wife and from this adulterous relationship the minor respondent was born in Canada on February 10, 1927.
On April 29, 1927, she returned to the United States, accompanied by her native-born citizen son and her 3-month-old Canadian-born daughter. She testified that on that occasion she was admitted as a returning resident on presentation of her first papers, marriage certificate, and birth certificates of both children. Upon her return to the United States she resumed her relation with S---- and continued to live with him until 1934.
The adult respondent testified that in 1933 she obtained a certificate of registry and was admitted to citizenship on June 27, 1933. In 1935 she obtained an American passport for herself and two children, claiming that both were American-born. Thereafter she and her two children departed for Holland in April or May of 1935, returning to the United States December 6, 1936. On that occasion they were all admitted as United States citizens.
In connection with respondent's certificate of naturalization and American passport, she admits having committed perjury in that she made false statements relative to the birth of her daughter, her residence in the United States, and that she was residing with her husband when in fact she had not lived with him since 1926. In connection with the false statements she testified that an unscrupulous attorney had advised her to state that she had resided continuously in the United States since 1920. She also testified that the other false statements mentioned above were made as the result of the advice of the same attorney. In connection with her admission of the commission of perjury, she stated that she did not know at the time that it constituted perjury but knew it now.
On January 26, 1940, the adult respondent's naturalization was cancelled on the ground that it had been fraudulently and illegally procured.
The minor respondent testified that she is 17 years of age, a native of Canada, subject of Great Britain; that she last entered the United States with her mother in 1936; that she previously entered the United States in 1927 at the age of 3 months; that she resided in the United States from that date until 1935 when she visited Holland; that she has lived with her mother since birth; that her father, O---- S----, was a Swedish subject at the time of her birth; that she is a highschool student and employed after school as a typist earning $11.50 per week; that she has never been charged with any violation of law or misconduct and has no independent assets other than three $25 war bonds purchased by her mother.
The adult respondent's citizen son is in the United States Navy. She is employed as a chambermaid and earns $25 a week. Total assets for herself and daughter are approximately $1,900.
The record indicates that the adult respondent donated three pints of blood to the Red Cross, purchased war bonds in the amount of $400, and assisted at the Red Cross and USO during the war.
Both respondents have satisfactorily established that they have been persons of good moral character for the preceding 5 years. An independent character investigation conducted by the Service proved wholly satisfactory to the respondents.
The evidence of record indicates that the adult respondent was ill advised in connection with her naturalization proceedings. However, in view of her long residence in the United States; her endeavor to aid in the war efforts of the United States, and the fact that she has a native-born citizen son now in the armed forces of the United States, together with a minor daughter born in Canada who would be deprived of her care if deported to the Netherlands, both respondents are entitled to relief from deportation in the form of voluntary departure for both and exercise of the seventh proviso and preexamination in the case of the adult respondent.
Order: It is directed that an order of deportation be not entered against either respondent at this time, but that the respondents be required to depart from the United States, without expense to the Government, to any country of their choice, within 60 days after notification of decision, conditioned upon arrangements being made with the local immigration office for verification of departure.
It is further ordered, That preexamination be authorized for the adult respondent conditioned upon a showing that the alien can obtain prompt issuance of an immigration visa.
It is further ordered, That if the adult alien applies for admission to the United States within 3 months after her authorized departure, she be admitted under the seventh proviso to section 3 of the Immigration Act of 1917, if otherwise admissible than as one who admits the commission of a crime prior to entry, to wit: Perjury, Perjury
It is further ordered, That suspension of deportation be denied.
(As to the adult alien): As the order involves the exercise of the seventh proviso to section 3 of the Immigration Act of 1917 in accordance with section 90.12, title 8, C.F.R., the Board refers the case to the Attorney General for review of its decision.
Although it appears that the respondent, M---- G----, committed perjury in connection with her naturalization in 1933 as a result of which her naturalization was canceled in 1940, the record nevertheless discloses that the perjury was the result of improper advice of counsel. Accordingly the decision and order of the Board of Immigration Appeals dated August 6, 1946, are hereby approved.