VP 3-45661
Decided by the Board March 23, 1954
Visa petition — Guardian of mentally incompetent citizen not eligible to file.
There is no provision in section 205 of the Immigration and Nationality Act providing for the execution of a visa petition by a guardian and no provision has been made in the pertinent regulations, 8 C.F.R. 205, providing for such petition in a case where the petitioner is mentally incompetent.
BEFORE THE BOARD
Discussion: The matter comes forward on appeal from the order dated January 26, 1954, of the district director, New York, denying the visa petition on the ground that a petition by a guardian on behalf of a mentally incompetent United States citizen is not regarded as a properly executed visa petition.
The visa petition has been submitted by the guardian of C---- G---- G----, a naturalized citizen of the United States, who is stated to be mentally incompetent. The visa petition seeks nonquota status on behalf of the children of C---- G---- G----, born in Italy on October 21, 1934, and December 15, 1935, respectively. There is no provision in section 205 of the Immigration and Nationality Act providing for the execution of a visa petition by a guardian and no provision has been made in the pertinent regulations, 8 C.F.R. 205 providing for such a petition in cases where the petitioner is mentally incompetent. By way of contrast, provision is made in the regulations 8 C.F.R. 10.1 (d) enabling the guardian to file an application for a petition on behalf of a son, daughter, or ward under 14 years of age. The absence of a similar provision in the regulations as to the guardian of a mentally incompetent leads to the conclusion that such a guardian is not eligible to file a visa petition. Accordingly, the appeal will be dismissed.
Order: It is ordered that the appeal be and the same is hereby dismissed.