A-8857650 A-8857721.
Decided by Board September 8, 1955.
Nonimmigrant — Section 101 (a) (15) (B), Immigration and Nationality Act — Canadian truck drivers.
Truck drivers, residents of Canada and employees of a Canadian trucking firm, who enter the United States at frequent intervals solely to deliver meat from Canadian packing companies to individual customers of an American agent or broker (whose function is to facilitate international trade by simplifying manifest and entry procedure) are eligible for nonimmigrant status under section 101 (a) (15) (B) of the Immigration and Nationality Act.
EXCLUDABLE:
Act of 1952 — Section 212 (a) (20) — Not in possession of valid, unexpired immigrant visas and valid passports.
BEFORE THE BOARD
Discussion: This matter is before us on appeal from a decision of the special inquiry officer dated May 9, 1955, directing the subjects' exclusion from the United States on the above-stated ground. The issue in the case is whether or not the appellants are properly classifiable as bona fide visitors for business within the purview of section 101 (a) (15) (B) of the Immigration and Nationality Act of 1952.
These two appellants are male aliens, natives and citizens of Canada, with residence in Windsor, Ontario. They are employed as truck drivers by the Adam's Cartage Company of Windsor, Ontario, Canada. They seek entry into the United States with a truck load of meats destined to one F---- S---- G---- of Detroit, Michigan, which they desire to deliver to the various customers of said Mr. G----. They are not in possession of valid, unexpired immigrant visas or passports.
They testified that their employer has been bringing a truck load of meat into the United States each week for the past several years. They also testified that the meat is purchased by one F---- S---- G---- who has a business on Woodward Avenue in Detroit, Michigan. They further testified that Mr. G----, of Detroit, Michigan, is the broker and purchaser of the meat from the Burns Packing Company of Kitchener, Ontario. Moreover, they testified that the meat is destined to F---- S---- G---- of Detroit, Michigan. Finally, they testified that they delivered the meat to the customers of Mr. G---- in Detroit, which number 15 to 20 per truck load.
The appellant A---- has been employed by the Adam's Cartage Company for the past year and has only entered the United States on five or six occasions for the purpose of bringing meat and delivering it, as above. The appellant H---- has been employed by the Adam's Cartage Company for about six months and has been coming to the United States with a truck load of meat each Wednesday. Both of these appellants are paid by the Adam's Cartage Company of Windsor, Ontario, Canada.
The question to be answered here is twofold (1) Whether appellants' activity may properly be regarded as intercourse of a commercial character in the international field, and (2) if so, is it of a "temporary" nature within the meaning and intent of section 101 (a) (15) (B) of the Immigration and Nationality Act of 1952. On the basis of the evidence of this record, we believe that an affirmative finding is required in both respects. Therefore, we hold that this appeal must be sustained.
In arriving at the foregoing conclusion, we have applied the governing principles heretofore clearly enunciated by this Board in Matter of G---- P----, A-7828235, 4 IN Dec. 217, with particular reference to the cases cited therein, to wit: Matter of McC----, A-7134304 (C.O., 1949), and Matter of S----, A-7118993 (C.O., 1949). It is true that the cases to which we have reference arose under the provisions of section 3 (2) of the Immigration Act of 1924. However, this Board has found the same principles to be equally applicable in cases arising under section 101 (a) (15) (B) of the Immigration and Nationality Act, as pointed out in Matter of G----, T-2680097, Int. Dec. No. 626, B.I.A., July 29, 1954, wherein we cited the cases of above reference with approval.
Order: It is ordered that the appeal be and the same is hereby sustained and that the aliens be admitted as temporary visitors for business for periods not exceeding 24 hours at any one time.