A-8048548
Decided by the Board October 1, 1952.
Eligible displaced person — Section 6 of act of June 25, 1948, as amended: Good faith statement.
(1) A displaced person, who executed the good faith affidavit with no intention of accepting the proposed employment as a janitor and whose purported agreement to abide by the terms of such employment was fraudulent, has made a willful misrepresentation under the provisions of section 6 of the Displaced Persons Act of 1948, as amended, so as to be deportable on a charge based on such provisions.
CHARGE:
Warrant: Act of 1948, as amended — Made willful misrepresentations to gain admission to the United States as an eligible displaced person.
BEFORE THE BOARD
Discussion: This is an appeal from an order dated August 1, 1952, of a hearing officer requiring the alien's deportation from the United States on the ground stated above.
The respondent is a 50-year-old single male, a native and citizen of Poland, who last entered the United States at New York, N.Y. on June 27, 1951. He was admitted upon surrender of a visa issued under the Displaced Persons Act of 1948, as amended.
The respondent's emigration to the United States as a displaced person was sponsored by the American Committee for the Resettlement of Polish Displaced Persons (the Polish Relief Committee of Rochester, N.Y.) In compliance with the requirements of the law that a sponsor furnish assurances that the person applying as a displaced person will be suitably employed (subsec. (c) of sec. 2 of the Displaced Persons Act of 1948, as amended; and 8 C.F.R. 701.1 (a) (e)), the sponsor submitted assurances that the alien would be employed as a janitor at Rochester, N.Y.
In compliance with section 6 (b) of the Displaced Persons Act of 1948, as amended, on April 2, 1951, the alien executed a good faith affidavit, in which he swore that he accepted and agreed in good faith to abide by the terms of the employment provided for him in the assurance. This affidavit of good faith also contains the statement that the alien has had read or has had translated to him and that he understands the terms of the employment indicated in the assurances.
In pertinent part, this section provides as follows:
"No visa shall be issued to any alien whose admission under this Act is based on the submission of an assurance of suitable employment unless he shall first execute a signed statement under oath or affirmation that he accepts and agrees in good faith to abide by the terms of employment provided for such person in the assurance upon which his application for a visa under this Act is based. The Commission is hereby authorized and empowered to administer an oath or take an affirmation for this purpose and to designate employees who shall have power to administer such oath or affirmation: Provided, That upon a finding by the Attorney General that such statement was falsely made it shall be deemed to be a misrepresentation for the purpose of gaining admission into the United States as provided for in section 10 of the Displaced Persons Act of 1948, as amended. * * *"
Finding the assurances and good faith affidavit satisfactory as the basis for issuing a visa and finding the alien in all other aspects eligible as a displaced person, the Displaced Persons Commission declared him an eligible displaced person and the American consulate issued a visa.
The applicant testified that after he had become aware that assurances had been furnished him that he would be employed as a janitor, he wrote to his friend in the United States who had been instrumental in obtaining the sponsorship, and made inquiry concerning the employment. He stated he was informed by the friend that upon arrival in the United States, he would be free to do as he pleased concerning employment. He stated that both he and the sponsor knew that he was coming to the United States to preach and that listing him as coming to employment as a janitor was a subterfuge to assist him in entering the United States.
He testified further as follows: He had been trained as a preacher in Poland and had engaged in employment as a preacher since 1937. He did not come to the United States to work as a janitor and at the time he signed his good faith affidavit he had no intention of engaging in employment as a janitor. When he signed the good faith affidavit and when he left for the United States, it was his intention to go from church to church in the United States and give talks on his experiences with the hope of strengthening people in the religious beliefs. Upon arrival he came to Rochester, N.Y. He performed no labor there; but testified that had he been offered employment, he would have accepted it. During the first month, he gave two talks before Polish groups. He received no money for the talks. Finding that he could make no money by these talks and that the "churches did not want him," he had "to go to manual labor." He was never employed by his sponsor in any capacity. After about a month, he went to Quincy, Mass., where his brother resides. He stayed there about 3 months. He looked for work as a janitor, elevator operator, or watchman, but was unable to find any employment. He was supported by his brother.
The longest period of time by which he was employed by any employer in the United States was for a period of about 3 weeks. He was so employed on two occasions. His other employments which apparently totaled about 21 days were casual. He was employed as a janitor from April 19, 1952, to May 1, 1952, at Portland, Oreg. This was his first employment as a janitor. (He went to Portland, Oreg., to preach but was apparently unable to make satisfactory arrangements.) He admits having received financial assistance from church authorities in Chicago and Portland and the record reveals he received free lodging and meals from the Salvation Army for 7 days. He denied having ever received public assistance. He stated that by reason of his suffering abroad, he felt it was the duty of Christians to maintain him.
The alien's sponsor stated that when the alien came to the United States, a friend of the alien obtained employment for him as a laborer and that the alien worked for about 2 months after which he departed without notifying anyone. No explanation is contained in the record as to the discrepancy between the sponsor's testimony concerning employment and the alien's testimony that he was not employed in Rochester and that if he had been offered employment he would have taken it.
By letter dated July 29, 1952, the alien filed written exceptions. He stated that when he had come to the United States he was not offered work of the type stipulated in the good faith affidavit; that his sponsor released him from the obligation of taking employment as a janitor; and that since a year has passed since he entered the United States, there is in effect a statute of limitation against his being deported. In a statement made on August 27, 1952, he furnished the additional objection that since he had worked in the United States for more than 10 days as a janitor and the assurances did not specify the number of days he had to work as a janitor, he had complied with the requirements of the statute.
This is not a case where a displaced person because of factors not reasonably anticipated at the time he agreed to take employment engaged, with a sponsor's approval, in an employment that differed from the original employment contracted. This is a case where it is clear that at the time the alien executed his good faith affidavit and at the time he secured his immigration visa at Stuttgart, Germany, on May 16, 1951, he had no intention of accepting the contracted employment as a janitor; his intention, the record clearly establishes, was to go from church to church preaching and obtain his living in this manner. His purported agreement to abide by the terms of his employment as a janitor was fraudulent. His affidavit must be deemed to be a misrepresentation for the purpose of gaining admission into the United States as provided in section 10 of the Displaced Persons Act of 1948, as amended. His deportability is established by the record.
Matter of S----, B.I.A., 1952; 4 IN Dec. 663; Matter of H.----, B.I.A., 1952, Int. Dec. No. 385.
The respondent has no dependents in the United States; other than his brother he has no relatives in the United States. His assets total about $175. By reason of the fact that he is deportable under section 10 of the Displaced Persons Act of 1948, as amended, he is forever barred from admission to the United States. He has made no application for discretionary relief nor does the case appear an appropriate one for the exercise of relief.
Order: It is ordered that the appeal be and the same is hereby dismissed.