Interim Decision *1626 

MAsmit OF PIJACA 

• In Deportation Proceedings 

A-15822398 

Dfcided by Board May 3, 1966 

Motion to set aside the order of deportation and reopen proceedings to permit 

application for adjustment of •tatus under the proviso to section 203(a) (7), 

Immigration and Nationality Act, as amended by F.L. S9-239, is denied 

since the determination as to whether an alien is entitled to the claimed 

preference clandlicatioa under section 208(a)(7) shall be made by the district director and since a record of permanent residence as a refugee under 

section 203(a) (7) can be created only in accordance with the procedures established for section 245 of the Act, and respondent, a crewman,' is statutorily ineligible for the benefits of section 245. 

CHAIM : 

Order: Act of 1952—Section 211(a.) (2) (8 U.S.C. 1251(a) (2)]--After admission as a nonimmigrant under section 101(a) 

(15) of the Act remained for a longer time than 

permitted. 

The case comes forward on motion requesting that the order of 

deportation be set aside and that the respondent be allowed to apply 

for adjustment of status under section 208(a) (7) of the Immigration and Nationality Act as amended on October 3, 1965 and for 

such other further relief as may be just and proper. 

The record relates to a native'and citizen of Yugoslavia, 35 years 

old, male, married, wlo last entered the United States at the port 

of New York on March 18, 1957, was admitted as a crewman, and 

has remained longer than permitted. Deportability has been established. On June 25, 1957 the special inquiry officer granted voluntary departure with the further- order that if the alien failed to r 

depart as required he be deported on the charge contained in the 

order to show cause. On December 3, 1958 we dismissed the appeal 

from an order of the special inquiry officer dated October 21, 1955 

which denied a motion to apply for preexamination and the issuance 

749 
Interim Decision #1626 

of a visa under section 15(a) (3). of Public Law 85-316 inasmuch 

as there was no showing that an immigration 'visa was available, 

and because section 15 applications under Public Law 85-316 were 

matters exclusively within the jurisdiction of the 'State Department. 

In connection with the motion to reopen there has been submitted 

Form I-485, application for status as permanent resident, which 

• 'was filed on December 17, 1965. However, with regard to adjustment of status under section 245 of the Immigration and Nationality 

Act, the regulations, 8 CFR 245.4, provide that the determination 

as to whether an alien is entitled to the• claimed preference status 

under section 203 (a) (7) of the Act shalt be made by the Distriet 

Director and no appeal -lies from his determination. Accordingly, 

this Board has no jurisdiction over the claimed preference under 

section 203 (a) (7) of the Act. In addition, it may be pointed out, 

that the respondent, who entered as a crewman, is not eligible for 

' adjustment of status pursuant to section. 245 of the Immigration 

and Nationality Act, as amended. 

However it is noted that the respondent's entry as a crewman 

occurred on March 18, 1957. Accordingly, under the provisions of 

section 244(f) of the Immigration and Nationality Act as amended 

by the Act of October 3, 1965, he appears eligible to file an applies-

" tion for suspension of deportation pursuant t6 section. 244(a) of the 

Act. The case will be remanded for that purpose and for such other 

action as may appear appropriate. . 

ORDER: It is ordered. that the case be remanded to permit the 

. respondent to make application for suspension of deportation under 

the provisions of section' 244 of the Immigrition and Nationality 

Act as amended by Om Act of October 3, 1965 and for such other 

action as may be' appropriate. 

It is twither ordered that if discretionary relief is granted, the 

order of deportation be withdrawn. 

750