Interim Decision #1698 

MATTER OF CHAT 

Application for Classification as Refugee 

A-12141227 

Decided by Regional Commissioner February 9, 1967 

For the purposes of refugee classification under the proviso to section 203(a) (7) 

of the ImMigration and Nationality Act, as amended, applicant, a natlye of 

China, who in 1955, when 15 years of age, because of political opinion fled the 

Chinese mainland to Hong Kong where he remained until 1960 when he 

entered the United States as a student, had not been firmly resettled in Hong 

Kong in the absence of evidence that he was accorded any rights or privileges 

in the Colony inconsistent with refugee status or that he otherwise reestablished himself there. 

On Bnn4nr or Arrntosier : Charles Spar, Esquire 

160 Broadway 

New York, New York 10038 

This matter Is before the Regional Commissioner for review on certification of the District Director's decision denying the application for 

refugee classification under the proviso to section 208 (a) (7) of the 

Immigration and Nationality Act as amended. The application is filed 

with the District Director pursuant to 8 CFR 245.4, in connection with 

an application for adjustment of status under section 245 of the Immigration and Nationality Act, as amended, in deportation proceedings 

before a special inquiry officer. 

The applicant is a citizen of China, single, born in Kwang Si, China,, 

on June 10, 1940. He fled from the Chinese mainland in 1955 because 

of his dislike of Communism and states he is unwilling or unable to 

return there because he is completely anti -Communist and will be persecuted if he does so. He was in Hong Kong from 1955 until he came 

to the United States on September 2, 1960. He was admitted to the 

United States on the latter date as a nonimmigrant student and has; 

remained. since 

Section 208(a) (7) of the Immigration and Nationality Act as 

amended provides, so far as pertinent here : 

Conditional entries shall next be made available by the Attorney General, pursuant to such regulations as he may prescribe and in a number not to exceed 6 

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Interim Decision #1698 

per centum of the number specified in section 201(a) (ii), to aliens who satisfy 

an Immigration and Naturalization Service officer at an examination in any 

non-Communist or non-Communist-dominated country, (A) that (i) because of 

persecution or fear of persecution on account of race, religion, or political opinion they have fled (I) from any Communist or Communist-dominated country or 

area, . . . and (ii) are unable or unwilling to return to such country or area on 

account of race, religion, or political opinion, and (iii) are not nationals of the 

eountries or areas in which their application for conditional entry is made; 

. . . Provided, That immigrant visas in a number not exceeding one-half the 

number specified in this paragraph may be made available, in lien of conditional 

entries of a like number, to such aliens who have been continuously physically 

present in the United States for a period of at least two years prior to application 

for adjustment of status. 

It has been held that an alien who fled from Communist China but 

thereafter became firmly resettled is;by virtue thereof, ineligible for 

classification under the proviso to section 203 (a) (7). 1The only issue 

presented here is whether such resettlement had been effected. 

The applicant was issued a passport by the Ministry of Foreign Affairs of the Republic of China in Macao on July 10, 1900, the validity 

of which was extended to February 17, 1966. He was also issued a 

Hong Kong Certificate of Identity for return to Hong Kong. The 

travel document for return to Hong Kong is not conclusive evidence 

of resettlement in that area. All nonimmigrant aliens generally are 

required to present a valid travel document at the time of admission, 

Hong Kong is a British Crown Colony of which the applicant is not 

a national. 

One of the major refugee programs which have been administered 

by this Service was that of Chinese refugees in Hong Kong who had 

fled from the mainland. On May 23, 1902, the President directed that 

steps be taken to parole into the United States several thousand Chinese from Hong Kong under section 212(d) (5) of the Immigration 

and Nationality Act to assist in alleviating conditions in that colony 

caused by the influx of persons fleeing from Chinese tyranny on the 

mainland of China. (Press conference of May 23, 1962, Published 

Papers of the President of the United States John F. Kennedy, 1962, 

p. 431.) Parole under the program was limited to the Chinese who 

are relatives of United States citizens and resident aliens, those with 

special skills urgently needed in the United States, and those who 

had applied for entry into the United States under prior refugee laws 

but who had not been accepted only because of numerical limitations. 

(Annual report of the Attorney General of the United States for fiscal 

year ending June 30, 1904, p. 412.) In discussing the use of parole authority, Representative Michael A. Feighan, Chairman of Subcommittee No. 1 of the House Judiciary Committee, observed "that the 

Matter of Bun, Int. Dee. No. 16&i. 

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Interim Decision #1698 

conditions of crisis and dire emergency were present when executive 

authority was exercised in the case of . . . Chinese refugees in Hong 

Kong." (Study of Population and Immigration Problems, Special 

Series No. 18, Subcommittee No. 1, House Judiciary Committee, 1964, 

page 92; Mr. Feighan's statements in announcing this report, Congressional Record of February 5, 1964, page 1877.) 

Our applicant's stay in Hong Kong was between the ages of 15 

and 20 years. He was still a student when he left Hong Kong. The 

evidence does not show he held any official position in the Colonyi or 

that he was granted therein any rights or privileges inconsistent with 

refugee status or that he otherwise reestablished himself there. He 

may not therefore be regarded as firmly resettled in Hong Kong. We 

conclude he qualifies for the requested refugee classification. 

It is ordered that the application for classification as a refugee 

under the proviso to section 203(a) (7) of the Immigration and Nationality Act, as amended, be and hereby is approved. 

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