Interim Decision #2062 

MATTER OF ZEDKOVA 

In Section 203 (a) (7) Proceedings 

A-18049736 

Decided by Regional Commissioner November 23, 1970 

Since the term "fled" as used in section 203(a) (7) of the Immigration and 

Nationality Act, as amended, may reasonably be construed to include one 

who has avoided, abandoned or forsaken a danger or evil, it is immaterial 

whether the circumstances creating refugee status occurred prior or subsequent to departure from the designated country or area. Hence, an alien 

who departed temporarily from Czechoslovakia prior to the Communist 

upheaval there in August 1968, but who because of political opinion now 

fears to return in view of the changed conditions in that country, is eligible for refugee classification under section 203(a) (7) of the Act, as 

amended. 

)N BEHALF OF APPLICANT: Harold G. Grimes, Representative 

International Rescue Committee, Inc. 

386 Park Avenue South 

New York, New York 10016 

This matter is before the Regional Commissioner on certificaion for review of the District Director's determination that the 

pplicant is eligible for refugee classification under section 

03 (a) (7) of the Immigration and Nationality Act, as amended. 

t was further concluded that she is entitled to adjustment of 

tatus under section 245 of the Act, as amended. 

The alien is an unmarried twenty-two-year-old native and citien of Czechoslovakia who was last admitted to the United States 

n April 2, 1968 as a nonimmigrant visitor for pleasure until 

eptember 30, 1968. She was granted an extension of her tempoary stay until March 30, 1969. Her request for a further extension 

/as denied and she was given until May 23, 1969 to leave this 

ountry. In view of her refusal to return to Czechoslovakia, she 

as subsequently granted until May 23, 1970 to depart voluntary from the United States. On July 7, 1970 she filed the instant 

pplication for adjustment of status to that of a permanent resi626 
Interim Decision #2062 

dent and, in conjunction therewith, requested classification as a 

refugee. 

In support of her application for refugee status, the alien has 

submitted an affidavit wherein she states that she last entered the 

United States on April 2, 1968 to visit friends; that while she 

was here, the Soviet Union invaded Czechoslovakia on August 20, 

1968 and she was advised by her father not to return home; that 

her parents have always been anti-communist and her father has 

steadfastly refused to join the Communist Party; that he has also 

evidenced anti-Soviet sentiments, and, as a result, has been attacked in the Czechoslovak press and transferred from his job in 

Prague to a border city; that she has not heeded an order from 

the Czechoslovak Embassy in the United States to return to 

Czechoslovakia by December 31, 1969; that she feels she would be 

persecuted if she went back, and would be prevented from continuing her education and securing employment; that her sister 

and her husband, who also came to the United States on a visit, 

are likewise afraid to return to Czechoslovakia and have applied 

for permanent residence. 

Section 203 (a) (7) of the Act provides in pertinent part as follows: 

Conditional entries shall next be made available * * * to aliens who satisfy 

an Immigration and Naturalization Service officer * * * (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, or (II) from any country within the general area of the 

Middle East, 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 countries or areas in which their application for conditional 

entry is made.... (Emphasis supplied) 

The principal issue to be resolved in the matter at hand is 

whether this applicant can be regarded as having "fled" from a 

Communist or Communist-dominated country within the contemplation of the statute because of persecution or fear of persecution on account of race, religion or political opinion. At the time 

she last departed from her country, the events which militated 

against her return had not yet transpired. While she was in the 

United States, Russian troops invaded Czechslovakia on August 

20 and 21, 1968 and the Government of that country was replaced 

with a Soviet-imposed regime. Several thousand Czechoslovak nationals escaped into Austria and Germany where they sought 

classification as refugees. As a consequence for the first time 

since section 203(a) (7) became effective, the number of refugees 

abroad who sought entry into the United States under this sec627 
Interim Decision #2062 

tion exceeded the number of visas available (1969 Annual Report 

of the Immigration and Naturalization Service, Page 11). 

In addition to the thousands of Czechoslovakians who fled the 

Soviet invasion, there were countless others who were outside the 

country at the time and, because of the change in government, refused to return. It would be extremely narrow and inequitable to 

view those nationals who physically fled from Czechoslovakia because of political opinion as refugees and to withhold such status 

from those who remained out of the country for the very same 

reason. According to "Webster's New International Dictionary", 

Third Edition, the term "fled" may reasonably be construed to include one who has avoided, abandoned or forsaken a danger or 

evil. We believe that this broad construction is consonant with 

the remedial nature and purpose of section 203 (a) (7) of the Act 

in its use of the term. Within the context of such definition, it is 

immaterial whether the circumstances which caused an alien to 

become a refugee occurred before or after departure from the 

country or area. 

In the instant case, we find it has been satisfactorily estabished that the applicant abandoned her residence in Czechoslova-

{ia because of fear of persecution on account of her political beiefs and is unwilling to return there for the same reasion. It is 

oncluded, therefore, that she has constructively fled from a Cornnunist country within the contemplation of the statute and 

neets the requirements for classification as a refugee under secion 203 (a) (7) of the Act. The alien has been continuously physially present in the United States for at least two years prior to 

er application for adjustment of status and an immigrant visa 

umber is immediately available to her under the proviso to secon 203 (a) (7) of the Act. Inasmuch as she qualifies for adjusttent in all other respects, the decision of the District Director 

ill be affirmed. 

It is ordered that the decision of the District Director approvg the applications for classification as a refugee under section 

)3 (a) (7) and for adjustment of status to permanent resident 

lder section 245 of the Immigration and Nationality Act, as 

nended, be and same is hereby affirmed. 

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