Interim Decision #1883 

MATTER OF CONTINENTAL CASUALTY ComPANT 

In Bond Cancellation Proceedings 

A-12300315 

Decided by Deputy Associate Commissioner July 17, 1968 

Since the introduction of a private bill to accord an alien permanent resident 

status in the United States followed by a request from the appropriate Senate 

or House Committee for a Service report is tantamount to an application for 

adjustment of status made while in lawful temporary status within the con• 

templation of 8 OFR 103.6(c) (2), a maintenance of status and departure 

bond posted in July 1962 on behalf of a nonimmigrant visitor has not been 

breached where a private bill was introduced in August 1963 on behalf of the 

bonded alien subsequent to the denial of her application for extension of stay 

but prior to the expiration of the period of time afforded her within which to 

effect her departure, and she was ultimately granted adjustment of status 

under section 245 of the Immigration and Nationality Act before expiration 

of authorized extensions of the voluntary departure period. 

ON BEHALF OF APPLICANT: 

Peter A. Brevitt, Esquire 

9 Church Street, Post Office Box 1258 

Cortland, New York 

The obligor seeks ranettllation of a bond for maintenance of status 

and departure of a nonimmigrant alien in the amount of $500 posted 

on July 16, 1962. This bond was required as a condition for Mrs. Lucia 

Addolorato Flocco's admission as a nonimmigrant visitor on July 11, 

1962. The District Director at Buffalo, New York on March 6, 1968 

served notice on the surety company that the bond was breached for 

failure of Mrs. Flocco to effect her departure from the United States 

on or before August 24, 1963 following denial of her application for 

an extension of stay. 

The matter is now before me on certification for a determination of 

whether the notice of breach should be allowed to stand. Since this 

order will cancel the bond, the notice of certification required by 8 

CFR 103.4 will not be served on the affected party. 

821-654--69---52 795 
Interim Decision 4t1883 

In reviewing this matter consideration has been given to the provisions of 8 CFR 103.6 (c) (2) which reads: 

.if an application for adjustment of status is made by a nonimmigrant 

while be is in lawful temporary status, the bond shall be canceled if his 

status is adjusted or if he voluntarily departs within any period granted to 

him. As used in this subparagraph, the term 'lawful temporary status' means 

that there most not bare bean any break in the approval of the alien's stay 

and all the time he is in the United States, from the date of admission to the 

date of departure or adjustment of status, he must have had uninterrupted 

Service approval in the form of regular extensions of stay or dates set by 

which departure is to occur, or a combination of both . . . ; 

and to 8 CFR 103.6 (c) (3) which provides that : 

Substantial performance of all conditions imposed by the terms of the bond 

shall release the ontigor from liability. 

Service records show that Mrs. Flocco was admitted to the United 

States as a nonimmigrant visitor on July 11, 1962 at Buffalo, New 

York for a period to expire January 10, 1963. She was subsequently 

granted an extension of temporary stay to July 1, 1963. A further 

application for extension of stay filed June 22, 1963 was denied and 

Mrs. Flocco was given until August 24, 1963 to effect her departure. 

On August 20, 1963, prior to the expiration of her stay, private legislation was introduced in the 88th Congress in behalf of Mrs. Flocco 

to accord her permanent residence in the United States. When private 

legislation is introduced in the House of Representatives to adjust an 

alien's status to that of a permanent resident, it is generally the practice 

of the Service to continue the alien's stay in the United States during 

its pendency if a report is requested by the House Judiciary Committee. 

A report was requested in this instance and the Service notified her 

on September 11, 1963 that she could remain in the United States 

pending the outcome of the private legislation, and she was given 

stays up to February 1, 1965. 

Deportation proceedings were instituted against her on October 18, 

1963; and following a hearing on November 14, 1963, the special inquiry officer ordered that in lieu of deportation Mrs. Flocco be granted 

voluntary departure within such time and under such conditions as 

the District Director shall direct. He further ordered that, if she 

fails to depart as required, the privilege of voluntary departure be 

withdrawn and she be deported from the United States. 

The private bill introduced in the 88th Congress failed to pass as 

did another private bill introduced on January 4, 1865 in the 89th 

Congress to accord Mrs. Flocco permanent residence. With the introduction of this latter legislation, Mrs. Flocco was given additional 

stays to February 1, 1967. This private bill also failed to pass. Another 

bill was introduced in the 90th Congress on January 10, 1967 to grant 

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Interim Decision #1883 

Mrs. Flocco the same relief, and she was granted a further stay to 

February 1, 1969. Adverse action was taken on this bill; and on July 

27, 1967, she was advised that she must now depart by August 27, 

1967. This stay was extended to December 15, 1967. 

In the meantime as the beneficiary of a visa petition approved on 

December 6, 1967, she became eligible to apply for adjustment of status 

to that of a permanent resident under section 245 of the Immigration 

and Nationality Act. Upon approval of the petition, the Service gave 

her 30 days within which to file a motion to reopen her deportation 

proceedings so that she could make application for such adjustment 

of status. This action was tantamount to the grant to her of permission to remain in the United States for that purpose until January 5, 

1968. Her hearing was reopened on December 26, 1967 and an order 

was entered on February 20, 1908 granting her application for permanent residence. 

From the foregoing it appears that the applicant was at all times 

present in the United States with the express approval of this Service 

except for the period August 25, 1963 to September 11, 1963 when she 

was notified by the Service that as the beneficiary of a private bill 

introduced on August 20, 1963, she would be permitted to remain in 

the United States pending the outcome of the private legislation. The 

private bill was introduced while Mrs. Flocco was in "lawful temporary status" within the meaning of 8 CFR 103.6(c) (2). Introduction of a private bill to accord an alien permanent resident status in 

the United States followed by a request from the appropriate Senate 

or House Committee for a Service report, should be treated fOr the 

purpose of 8 CPR 103.6(c) (2) as application for adjustment of status. Since the introduction of the bill in this case was timely, a report 

on the bill was requested, and the alien's status was adjusted, it is concluded that the terms of the bond have been complied with as provided 

by the applicable regulations. Accordingly, the District Director's 

notice of breach of the bond should be withdrawn and the bond should 

be canceled. 

ORDER: It is ordered that the notice of the District Director dated 

March 6, 1968 breaching the bond be withdrawn and that the bond be 

canceled. 

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