Interim Decision #Z146 

MATTER OF KHAN 

In Deportation Proceedings 

A-30593139 

Decided by Board April 17, 1972 

Respondent, who was admitted in possession of an immigrant visa issued to him 

as an alien child "accompanying or following to join" his father but who 

preceded his father, the principal alien, to the United States, was not an 

"accompanying" alien within the meaning of section 203(a)(9) of the Immigration and Nationality Act, as amended; further, his immigrant status, which 

was contingent upon the continuing immigrant status of his father, was 

terminated upon the father's death prior to respondent's admission, notwithstanding he lacked knowledge of such death and notwithstanding the approval of the father's visa petition had not been revoked. Hence, respondent is 

deportable because he was not of the status specified in his visa and was not 

in possession of a valid immigrant visa at entry. 

CHARGES: 

Order: Aot of 1959—Reetion 241 (O(1 ) f8 U.S.C. 1251 (aX1)]---Excludable at time of 

entry—not of status specified in immigrant visa under 

section 203(a)(9) [8 U.S.C. 1153(aX9)] 

Section 241(a)(1) [8 U.S.C. 1251(a)(1)]—Excludable at time of 

entry (section 212(a)(20))—Immigrant, not in possession 

of a valid immigrant visa 

ON BEHALF OF RESPONDENT: 

David Carliner, Esquire 

Pennsylvania Building 

Washington, D.C. 20004 

A. W. Hargreaves, Esquire 

30 Hotaling Place 

San Francisco, California 94111 

(Counsel of record) 

ON BEHALF OF SERVICE: 

Irving A. Appleman 

Appellate Trial Attorney 

This is an appeal from a decision of a special inquiry officer 

dated October 29, 1971, finding the respondent deportable on the 

charges in the order to show cause. He was granted voluntary 

departure. The appeal will be dismissed. 

The respondent, his father and a brother, all natives and 

citizens of Pakistan, obtained immigrant visas from the American 

Consulate General at Lahore, Pakistan un January 29, 1971. 

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Interim Decision #2143 

Respondent's father obtained an immigrant visa.(P5-1) under the 

provisions of section 203(a)(5) of the Immigration and Nationality 

Act as the brother of a United States citizen. Respondent and his 

brother obtained immigrant visas (P5-3's) under the provisions of 

section 203(a)(9) of the Act as alien children accompanying or 

following to join a parent who had been issued a fifth preference 

immigrant visa. Respondent's father and his brother were issued 

visas valid for four months but respondent was issued a visa valid 

for only one month because he was eligible to enter the United 

States only if he arrived on or before March 8, 1971, his twentyfirst birthday. He left Pakistan on February 26, 1971 and was 

admitted to the United States as a permanent resident at New 

York, New York on March 1, 1971. He was then in possession of 

the P5-3 immigrant visa. His father had died in Pakistan on 

February 9, 1971 and respondent did not know of the death until 

after his admission to the United States. 

Counsel for respondent contends that because the father's visa 

petition had not been revoked, the immigrant visa which respondent presented was valid for admission to the United States. 

Counsel also contended that the word "accompanying" in section 

203(a)(9) of the Act should be given an elastic definition to cover a 

relative preceding the principal alien to the United States. 

Paragraph (9) of section 203(a) provides that "A spouse or child 

as defined in section 101(b)(1)(A), (B), (C). (D), or (E) shall. if not 

otherwise entitled to an immigrant status and the immediate 

issuance of a visa or to conditional entry under paragraphs (1) 

through (8), be entitled to the same status, and the same order of 

consideration provided in subsection (b), if accompanying, or following to join, his spouse or parent." (Emphasis added.) The State 

Department regulation, 22 CFR 42.1, defines "accompanying" or 

"accompanied by" as meaning an alien in the physical company of 

a principal alien, and concludes with this significant statement: 

"An accompanying relative may not precede the principal alien to 

the United States." 

A definition of "accompany" is not included in the Act, but we 

observe that among the meanings attributed to the word in 

Webster's New International Dictionary, 2d. edition are "to go 

along with," and "to go with or attend as a companion or associate." There is an explanation that the word implies the idea of 

going with someone or companionship. We conclude that the 

statutory language of section 203(a)(9) is not susceptible of the 

elastic construction urged by counsel. Respondent was not accompanying or following to join his father at the time he arrived in the 

United States and his immigrant visa was not valid for admission. 

His lack of knowledge of his father's death is not relevant. 

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Interim Decision #2143 

Another issue that arises is the effect of the father's death on 

respondent's immigrant status. The issuance of an immigrant visa 

to a spouse or child under section 203(aX9) is dependent upon the 

existence of the immigrant status of the principal alien. Thus, the 

validity of respondent's immigrant visa depended on the continued 

immigrant status of his father, the principal alien. Death terminated the father's immigrant status and thereby stripped respondent of his status. 

There is no dispute as to the basic facts in this matter. It is our 

conclusion that respondent did not have the status specified in hii 

immigrant visa and was not in possession of a valid immigrant 

visa at the time of his entry. The special inquiry officer correctly 

found him deportable on both charges by evidence which is clear, 

convincing and unequivocal. Accordingly, the following order will 

be entered. 

ORDER: It is ordered that the appeal be and the same is hereby 

dismissed. 

It is further ordered that, pursuant to the special inquiry 

officer's order, the respondent be permitted to depart from the 

United States voluntarily within 30 days from the date of this 

order or any extension beyond that time as may be granted by the 

District Director; and that, in the event of failure so to depart, the 

respondent shall be deported as provided in the special inquiry 

officer's order. 

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