Interim Decision #1232 

MATTER OF JONG,DUN° LIU 

In DEPORTATION Proceedings 

A-12659657 

Dealt:led by Board July 13, 196's 

Revocation of a nonimmigrant visa by the Department of State under section 

221(i) of the 1952 Act and 22 CPR 41134, after respondent's entry into the 

United States, automatically terminates his legal status in this country. (8 

CPR 2141(b) ) Deportabilits is established upon his failure to depart within 

the period given him to do so. 

CHARGES : 

Order: Section 241(n) (2), I. & N. Act (8 1251(a) (2) )—Remained 

longer—nonimmigrant 

Section 241(a) (1), I. & N. Act (8 U.S.°. 1251(a) (1})—Excludablevisa obtained by fraud 

Lodged: None 

This is an appeal from the order of the special inquiry officer finding the respondent deportable upon both grounds stated above and 

denying his application for voluntary departure as a matter of discretion. Respondent is found deportable on the first ground and 

voluntary departure is granted. 

Respondent, a 33-year-old married male, a native and citizen of 

China, received a visitor's visa to come to the United States from 

the American Consular Unit at Okinawa on September 1, 1961; he 

entered the United States on the same date and was admitted as a 

visitor to October 1, 1961. On September 11, 1961, his status was 

changed to that of a student and his stay was extended to February 

12, 1962. 

Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 

1201(i)) authorizes the revocation of a visa by the Department of 

State. Section 41.134 of Title 22 provides for the revocation of nonimmigrant visas ab,initio where the visa was obtained improperly 

or the alien was ineligible to receive the visa at the time of issuance; 

these regulations provide that a nonimmigrant visa may be revoked 

even if the alien is in the -United States at the time action is taken. 

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Interim Decision #1232 

Having concluded that the respondent obtained his nonimmigrant 

visa by concealing from the consular officer the fact that his wife was 

in the United States, the consular officer revoked the visa on November 

8, 1961. The respondent appeared at the Immigration Office on January 25, 1962 at which time the visa was invalidated and the respondent informed that he must depart from the United States by February 

28, 1962. Termination of legal stay in the United States was based 

upon 8 CFR 214.1(b) which states in pertinent part that— 

Within the period of initial admission or extension of stay, the nonimmigrant 

status of an alien shall be terminated by * * * the revocation and invalidation 

of his visa pursuant to section 221(i) of the Act. (26 F.R. 12067, December 16, 

Counsel argues that the Department of State had no authority to 

revoke a visa in the case of an alien in the United States unless the 

alien had a multiple entry visa which would still be good and had not 

expired. He has forwarded -a copy -of a letter received from the 

Department of State which reveals under the date May 16, 1962, the 

Department of State has been advised by the Service that the revocation of the visa "will not in itself be used as the basis to terminate 

his nonimmigrant status." The Service representative argued that 

the revocation of the visa had nothing to do with the fact that the 

respondent was deportable for having remained after the time for 

which his stay was authorized in the United States. 

The record. establishes that the Service officers in the field believed 

that respondent's stay hi the United States was automatically terminated by the revocation of the visa. Both the investigator who 

handled the case and his superior reveal the belief that section 214.1(b ) 

was controlling and that. it was self-executing requiring no further 

action to terminate respondent's student status (pp. 24, 27, 30, 33). 

Indeed the regulation can be interpreted in no other manner. L. 

removes respondent's legal status in the United States and leaves 

nothing for the Service to grant him but a stay of deportation. 

While it appears to us that the Immigration and Nationality Act 

contemplates that deportation for having procured a visa by fraud 

or having been ineligible for the issuance of a. visa should be a. matter 

to be determined by the Service under the safeguards of a. deportation 

hearing with a Ana decisionky,the Attorney General ,(section 242 (a.), 

Immigration and Nationality Act, 8 U.S.C. 1252), rather than upon 

a finding by the Department of State without a hearing being afforded 

the alien, we are bound by the terms of 8 CFR. 214.1(b) which appears 

to allocate to the Board the sole function on appeal of determining 

whether or not there was a revocation or invalidation of the visa. 

The record establishes the respondent's nonimmigrant visa was revoked. His status in the United States has been automatically ter12 
Interim Decision #1232 

minated. He had no right to remain beyond the period which was 

given to him to depart. He has failed to depart. The first charge 

must be s-ustained. Counsel's contention that the Department of 

State cannot revoke this visa must be addressed to the attention of 

that Department. 

The second charge will not be sustained. The record does not contain the documents executed by respondent. Respondent applied for 

voluntary departure. He is willing and able to depart voluntarily. 

Voluntary departure will be granted. 

ORDER: It is ordered that the outstanding order of deportation 

be withdrawn and the alien be permitted to depart from the United 

States voluntarily without expense to the Government, to any country of his Aviles, within such period of time and under such conditions 

as the officer in charge of the district deems appropriate and if he 

fails to depart that he be departed from the United. States pursuant 

to law only on the first charge contained in the order to show cause. 

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