A-2074510
Decided by the Board August 13, 1953
Suspension of deportation — Section 244 (a) of the Immigration and Nationality Act — Exceptional and extremely unusual hardship.
The deportation of a native and citizen of Syria who entered the United States in 1924 from Mexico by wading the Rio Grande would result in "exceptional and extremely unusual hardship" to him within the meaning of section 244 (a) of the Immigration and Nationality Act in view of the length of time he has resided in the United States, the fact that he entered prior to the enactment of any law providing for registry or suspension, the improbability of his being able to retain his business (a grocery store which he operates) in his absence, and the difficulty of obtaining a visa abroad. This conclusion is reached notwithstanding the fact that the alien's wife and child, whom he supports, reside in Syria.
CHARGE:
Warrant: Immigration and Nationality Act — Not in possession of quota immigrant visa.
BEFORE THE BOARD
Discussion as to Deportability: Respondent is a native and citizen of Syria, 52 years old, married, male who last entered the United States near El Paso, Tex., during August 1924 by wading the Rio Grande River. He testified that he was not inspected and admitted by an immigrant inspector, and that he intended to remain in the United States permanently. He is deportable under the charge stated in the warrant of arrest, as a person who was an immigrant not in possession of an immigration visa.
Discussion as to Eligibility for Suspension of Deportation:
Respondent has applied for suspension of deportation under section 244 (a) (1) of the Immigration and Nationality Act of 1952. Respondent has complied with the requirements of that section.
Respondent applied for suspension on April 13, 1953, which is within the statutory period. The alien last entered the United States more than 2 years prior to the passage of the act. The alien is not a member of a class whose deportation could not have been suspended by reason of section 19 (d) of the Immigration Act of 1917, as amended.
The special inquiry officer found that respondent has no arrest or criminal record, and has not been connected with any subversive groups. The independent character investigation was favorable to the alien, and he produced affidavits of witnesses to establish that he has been a person of good moral character for the past 21 years.
Had the alien entered the United States 2 months earlier he would have been eligible for registry under the Registry Act of August 7, 1939, 53 Stat. 1243, which granted registry to aliens who entered the United States prior to July 1, 1924. Since he entered the United States prior to the enactment of any law providing for registry or suspension, respondent could not have had any preconceived intention of entering the United States by avoiding the technical requirements of the immigration laws and eventually of seeking suspension. It is reasonable to be more lenient in the case of an alien who entered the United States before 1940 (the date of the first suspension act) than in the case of one who entered after that date.
The alien is a person whose deportation would result in "exceptional and extremely unusual hardship" to himself. Respondent has been in the United States continuously for 29 years. He has no family ties in this country. He was married to a native and citizen of Syria on October 29, 1921, and there was one child born of this marriage. Respondent testified that his wife and child reside in Syria, and that he has always supported his family by sending them money.
Respondent comes from a country which has a small quota and where the quota is preempted for some time to come. While it would probably be possible for him to reenter the country from whence he came, he would have no nonquota or preference status, and probably would not be able to obtain a visa within a considerable period of time.
Respondent operates a grocery store, and he testified that he receives an income of from $1,700 to $2,000 a year. He has $5,000 in savings, $1,000 in bonds, and owns a home valued at $8,000. He testified that if he were required to leave the United States he would probably lose his business. He could finance such a trip, and he has no dependents in the United States to maintain in his absence. However, we find that the financial burden on him in having to go abroad would be substantial. He would probably lose his means of livelihood, because it would be difficult for him to maintain his small business if he were to leave the country.
It is our finding that there are sufficient factors present, specifically, the length of time he has lived in the United States, the improbability of his being able to retain his business in his absence, and the difficulty of obtaining a visa abroad, to justify a finding that the element of exceptional and extremely unusual hardship to the alien exists in this case. It is our finding that respondent is a person who should be granted suspension of deportation under section 244 (a) (1) of the Immigration and Nationality Act of 1952.
Order: It is ordered that the order of the special inquiry officer granting the alien suspension of deportation be and the same is hereby affirmed.