E-057956
Decided by Board February 24, 1956
Waiver — Section 211 (c), Immigration and Nationality Act — Not authorized where ten-year-old child was erroneously admitted as United States citizen upon second return of citizen mother to United States.
There is no authority in section 211 (c) of the act to waive nunc pro tunc the visa requirement for an alien whose United States citizen mother brought him here in 1943 when he was 10 years of age on the occasion of her second return to this country, at which time the child was erroneously admitted as a citizen of the United States.
CHARGE:
Warrant: Act of 1952 — No immigration visa (Act of 1924).
BEFORE THE BOARD
Discussion: This case is before us by certification. The special inquiry officer terminated proceedings under the authority contained in section 211 (c) of the Immigration and Nationality Act. Such action is not authorized. Proceedings will be reopened.
The facts have been fully stated by the special inquiry officer. Briefly, respondent, the son of a citizen of the United States, was brought to the United States in 1943 when he was 10 years of age by his mother on the occasion of a second return she made to the United States. The child was erroneously admitted as a citizen of the United States. No record of the admission exists. The child was then required to be in possession of a visa. We know of no authority under the law which enables us to waive this requirement. Section 211 (c) does not authorize such a waiver. Proceedings will be ordered reopened.
Order: It is ordered that proceedings be and the same are hereby ordered reopened for further proceedings not inconsistent with the foregoing views.