A-1138554.
Decided by Board July 31, 1946. Approved by Attorney General August 19, 1946.
Seventh proviso relief as to criminal ground — Advance exercise thereof, where voluntary departure granted, but preexamination denied — Section 3 and section 19 of the Immigration Act of 1917, as amended — Discretion — Conditions.
An alien deportable on a criminal ground specified under the provisions of section 19 (d) of the Immigration Act of 1917, as amended, nevertheless may be granted both voluntary departure and seventh proviso relief (sec. 3 of the Immigration Act of 1917), under conditions that may be prescribed (See 1 IN Dec. 204), even though the privilege of preexamination be denied because of the exhausted condition of the applicable quota.
CHARGES:
Warrant: Act of 1924 — Visa procured by fraud and misrepresentation.
Lodged: Act of 1917 — Admits crime prior to entry; perjury.
Act of 1917 — Not a nonquota immigrant as specified in visa.
BEFORE THE BOARD
Discussion: Upon consideration of the entire record, the findings of fact and conclusions of law relating to the alien's deportability proposed by the Presiding Inspector, as approved by the Commissioner on April 25, 1946, are hereby adopted.
The Presiding Inspector has recommended that this alien be granted voluntary departure and preexamination and that the seventh proviso be exercised with respect to the admission of the crime of perjury in connection with the application before an American consul for an immigration visa in 1926. The District Director of the Immigration and Naturalization Service has also recommended voluntary departure and preexamination with exercise of the seventh proviso. The Commissioner has recommended that the request for discretionary relief be denied and that an order of deportation be entered. In his opinion, the Commissioner states that, since the alien is deportable under one of the grounds contained in section 19 (d) of the act of 1917, as amended, he will not be accorded discretionary relief under the provision of section 19 (c) of the act of 1917. Notwithstanding this alien's deportability, under the principle of the B---- decision, V-292720, decided March 27, 1942 [Attorney General], the alien may be granted the privilege of voluntary departure with exercise of the seventh proviso.
This alien has resided in the United States since 1922, except for a temporary absence of a few months, and has an unblemished record during that period. He has family ties in this country consisting of a legally resident alien wife and two minor citizen children; has been steadily employed by the same company for the past 5 years; owns his own home and other property, and has assets totaling over $6,500. Upon full review of the record, we believe that the seventh proviso should be exercised in this case.
However, in view of the present demand upon the Greek quota, we shall not authorize preexamination. We shall authorize exercise of the seventh proviso, provided that, at the time of making application for exercise of this privilege, the alien is able to meet the requirements of unrelinquished domicile for the 7-year period.
Order: It is ordered that the request for suspension of deportation and for preexamination be denied.
It is further ordered, That an order of deportation not be entered at this time but that the alien be required to depart from the United States without expense to the Government, to any country of his choice within 6 months after notification of decision conditioned upon arrangements being made with the local immigration office for verification of departure.
It is further ordered, That if the alien applies for admission after departure under the outstanding order, and is in possession of proper documents, that he be admitted pursuant to the authority contained in the seventh proviso to section 3 of the Immigration Act of 1917, as amended, if otherwise admissible than as one who admits the commission of a crime involving moral turpitude, to wit, perjury before an American consul in 1926; Provided, however That at the time of application he meets the requirements of unrelinquished domicile for the 7-year period, and has continued to be a person of good moral character.
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, Code of Federal Regulations, the Board refers the case to the Attorney General for review of its decision.
The decision and order of the Board of Immigration Appeals dated July 31, 1946, are hereby approved.