Interim Decision #2197 

MATTER OF OUM 

In Deportation Proceedings 

A-12297563 

A-13814164 

Decided by Board April 19, 1973 

An alien recipient of a Fulbright Travel Grant who entered the United States in 

1961 as a nonimmigrant student under section 101(a)(15)(F)(i) of the Immigration and Nationality Act, as amended; whose status was changed in 1962 to 

that of an exchange visitor under section 101(a)(15XJ) of the Act; and who has 

received no Government financing since his arrival in this country, has not 

participated in an exchange program "financed in whole or in part, directly or 

indirectly, by en agency of the Government of the United States" within the 

contemplation of section 212(e) of the Act, as amended. Hence, such alien is 

not subject to the two-year foreign residence requirement applicable to 

exchange visitors. 

CHARGE: 

Order: Act of 1952—Section 241(a)(2) [8 U.S.C. 1251(a)(2)]—After admission as 

nonimmigrants under section 101(a)(15), remained 

longer than permitted. 

ON BEHALF OF RESPONDENTS: 

Howard L. Kushner, Esquire 

730 Main Street 

Niagara Falls, New York 14301 

ON BEHALF OF SERVICE: 

David L. Milhollan 

Appellate Trial Attorney 

Gordon W. Sacks 

Trial Attorney 

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

finding the respondents deportable, denying their requests for 

adjustment of status, and granting them the privilege of voluntary departure. The matter will be remanded to the special inquiry 

officer for a new determination regarding the respondents' applications for adjustment of status under section 245 of the Immigration and Nationality Act. 

The respondents are husband and wife, both natives and citizens of Korea. The male respondent entered the United States in 

September 1961 as a student under section 101(aX15XFXi) of the 

Immigration and Nationality Act. He was the recipient of a 

Fulbright Travel Grant. In 1962 he changed his status to that of 

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Interim Decision #2197 

an exchange visitor under section 101(a)(15XJ) of the Act, and in 

Apri11964 the female respondent entered the United States as the 

spouse of an exchange visitor pursuant to section 101(aX15XJ). 

In August 1969 deportation proceedings were instituted against 

both respondents, charging that after their admission as nonimmigrants they had remained beyond September 30, 1968 without 

permission or authority. The proceedings were reopened in 1970 to 

determine the effect on respondents of an amendment to section 

212(e) of the Act which pertains to the availability of section 245 

relief to certain exchange visitors. 

As amended by Public Law 91-225, section 212(e) provides in 

pertinent part: 

No person admitted under section 101 (a)(15)(J) or acquiring such status after 

admission whose (i) participation in the program for which he came to the 

United States was financed in whole or in part, directly or indirectly, by an 

agency of the Government of the United States or by the government of the 

country of his nationality or his last residence ... shall be eligible to apply for 

... permanent residence ... until ... such person has resided and been 

physically present in the country of his nationality or his last residence for an 

aggregate of at least two years following departure from the United States. 

• • • 

The special inquiry officer determined that the male respondent's receipt of a Fulbright Travel Grant constituted financing by 

the government of the United States within the scope of amended 

section 212(e), and thus subjected the respondents to the two -year 

foreign residence requirement of that section. 

We disagree. The male respondent received the grant prior to 

his entry as a student under section 101(aX15)(FXD of the Immigration and Nationality Act. There is no evidence that he was 

participating in an exchange visitor program at that time. A year 

after his arrival in the United States he complied with a suggestion that he take steps to have his status changed to that of an 

exchange visitor under section 101(a)(15)(J) of the Immigration and 

Nationality Act. He has received no government financing since 

his arrival in the United States. On the facts of this record cv'e 

cannot find that his participation in an exchange program was 

financed in whole or in part, directly or indirectly, by an agency of 

the United States Government, within the contemplation of 

amended section 212(e). We conclude that the respondents are 

statutorily eligible for section 245 relief. We shall, therefore, 

remand this matter to the special inquiry officer for his determination regarding the respondents' applications for adjustment of 

status. 

ORDER: It is ordered that this matter be remanded to the 

special inquiry officer for further proceedings consistent with the 

foregoing opinion. 

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