A-5028102.
Decided by Board June 10, 1946. Approved by Attorney General June 17, 1946.
Illiteracy — Literacy test — Seventh proviso relief — Section 3 of the Immigration Act of 1917 — Discretion.
1. When an alien demonstrates some ability to read he should be given a practical test in which the reading material is phrased in everyday language.
2. When an alien, without family ties in this country, is found inadmissible as one who is unable to read, but has resided here 11 years, served in the armed forces of the United States, has a favorable record, substantial assets, and is employed, he will be granted discretionary relief under the seventh proviso to section 3 of the Immigration Act of 1917.
FOUND INADMISSIBLE BY BOARD OF SPECIAL INQUIRY:
Act of 1917 — Unable to read.
BEFORE THE BOARD
Discussion: The appellant, a 47-year-old native and citizen of Poland, was accorded a hearing in preexamination proceedings in January 1946. The Board of Special Inquiry found that he would be inadmissible to the United States upon reapplication for admission on the ground of his inability to read in any language or dialect. The alien appealed from this finding. The Commissioner, though he did not make findings of fact and conclusions of law, also found that the appellant would be inadmissible on the ground of his inability to read. However, he recommended that the alien be permitted to adjust his immigration status through the exercise of the seventh proviso to section 3 of the act of February 5, 1917.
The appellant is physically capable of reading. He claimed to be able to read in Yiddish. He was given two Biblical passages to read, but according to the Board of Special Inquiry he was only able to read understandingly 10 percent of these passages.
We think that the particular test given this alien could not accurately indicate his ability to read in Yiddish. A person with a moderate amount of education might have great difficulty in explaining in everyday language the meaning of the Biblical passages employed in the test. Where an alien demonstrates some ability to read, we believe that he should be given a practical test in which the reading material is phrased in everday language. Only in this way can the alien be given a fair opportunity to really demonstrate his ability to read. (See the test given by the Board of Special Inquiry in Matter of C----, 56171/350.)
While ordinarily we would reopen the hearing for the alien to be given a more practical reading test, in view of the disposition to be made of this case, this procedure will not be followed here. We shall assume, for the purposes of this case, that the alien is unable to read.
Findings of Fact: Upon the basis of all the evidence presented, it is found:
(1) That the appellant is an alien, a native and citizen of Poland;
(2) That the appellant is over 16 years of age and physically capable of reading;
(3) That the appellant is unable to read in any language or dialect.Conclusion of Law: Upon the basis of the foregoing findings of fact, it is concluded:
(1) That under section 3 of the act of February 5, 1917, the appellant would be inadmissible to the United States as one unable to read in any language or dialect, though over 16 years of age and physically capable of reading, and not exempt from the literacy test.Other Factors: The appellant has been living in this country since he entered as a stowaway on April 1, 1935. He has no family ties in this country. His wife and three children live in Poland. The alien is self-employed as a rag dealer and earns about $30 weekly. His assets in the United States amount to about $10,000.
The appellant has never been in trouble with the police authorities. He served honorably in the armed forces of the United States from November 1942 until July 1943. He has been unable to be naturalized in accordance with the provisions of section 701 of the Nationality Act of 1940 because he had not had a legal entry into the United States.
Notwithstanding that the alien has no family ties in this country and has only resided here for a period of 11 years, the Commissioner directed that the alien be permitted to adjust his immigration status by the advance exercise of the seventh proviso to section 3 of the act of February 5, 1917. We agree with the Commissioner that this record justifies such action.
Order: It is ordered that if the alien applies for readmission to the United States within 6 months of his authorized departure herefrom and is found otherwise admissible than as one unable to read in any language or dialect, his admission under the seventh proviso to section 3 of the act of February 5, 1917, is hereby authorized.
As this case involves the exercise of the seventh proviso to section 3 of the act of February 5, 1917, the Board refers its decision and order to the Attorney General for review in accordance with 8 C.F.R. 90.3.
The decision and order of the Board of Immigration Appeals dated June 10, 1946, are hereby approved.