Interim Decision #1472 

Maw.= OF HUANG 

In Section 245 Proceedings 

A-13974856 

A--13974858 

Decided by Regional Commissioner May 27, 1965 

Applicanta, aliens who were born in the United States under diplomatic status, 

:::*fict have never departed from this country, and who would be eligible for 

- the issuance of noaquota immigrant visas if abroad, are deemed to be lawful 

permanent residents of the United States; therefore, their applications for 

adjustment of status pursuant to section 245. Immigration and Nationality 

Act, as amended, are denied. 

The applications were denied by the District Director, Baltimore, 

Maryland, on the ground that applicants were not inspected and admitted. or paroled into the United States as required by section 245 

of the Act. We have taken jurisdiction by way of certification as 

provided by 8 CFR 1014 to resolve the question as to whether applicants may be considered lawful permanent residents of the United 

States. 

Ann Lillian Huang and Byron Dean Huang were born in Washington, 1).0., on March 10, 1952, and December 16, 1953, respectively. 

At the"time of their birth their father was a duly accredited diplomatic representative of the Republic of China assigned to the Chinese Embassy, Washington, D.C. Applicantemother, a native and 

former citizen•of China,, became a permanent resident of the United 

States pursuant to section 6 of the Refugee Relief Act of 1953. On 

October 5, 1959, she was naturalized . as a. citizen of this country. 

Her petitions to classify applicants and their father as nonquota 

'immigrants were approved June 29, 1964. The father was granted 

status as a permanent resident under section 245 of the Act as of 

August 12, 1964, and is now engaged in private 14usiness. 

It is settled that the applicants who were born in the United 

States did not acquire citizenship under the Fourteenth Amendment 

to the United States Constitution as they were not born subject to 

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Interim Decision 44472 

the jurisdiction of the United States. United 'States -v. Wong Kim 

Ark, 169 U.S. 642. They have never departed the United States and 

now desire to become citizens of this country and remain here permanently. 11 they are considered to be lawful permanent residents 

of the United States, they may immediately proceed towards naturalization. 

A. similar case was the subject of an opinion dated December 10, 

1946, by the General Counsel of the Service who concluded "that a 

person who is an alien because he was born in the United States 

under diplomatic status 'and who has continued to ,reside in this 

'country, may be considered' as lawfully admitted to the United 

States with respect to deriving citizenship through a jaarent or 

parents and aim; so far as concerns section 701 of the Nationality 

Act of 1940." Section 701 of the Nationality Act of 1940 provided 

for the naturalization of persons who served honorably in the military or naval services in the United States and who had been lawfully admitted to the United States. 

The General Counsel reasoned that it would be absurd and a vain 

thing to require aliens who are born in the United States and have 

never left this country to depart and be readmitted sin: ply to effect 

a lawful admission. He pointed out that aliens in this category, 

never having been out of the United States, are not subject to de- . 

 portation under the immigration laws, as the deportation provisions 

of those laws relate only to aliens who have entered the United 

States. Although the Nationality Act of 1940 has been repealed, the 

reasons underlying the General Counsel's opinion are applicable 

here. The applicants have grown up as a part of our American 

population. They are not amenable to deportation. Their parents 

no longer have diplomatic status and in fact, as stated above, one 

parent is a United States citizen anti the other a permanent resident. 

It is also noted that during minority the domicile'of the child is that . 

of the domicile of the parents. 19 C. J. 411: Yarborough v. Yarborough, 290 U.S. 202, 90 ALR 924. 

We are not aware of any administrative or judicial decisions under the Immigration and Nationality Act which would preclude a 

finding that these applicants are lawful permanent residents of the 

United States. It lies been established that, if they were outside 

this country, they would be eligible for issuance to them of immi; 

grant visas and for admission 1 t S permanent residents. 

Accordingly, in light of the foregoing, and after careful consideration of all the evidence before us, we conclude the applicants may 

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be considered to be lawful permanent residents of the United States. 

For this reason we shall'concur with the decision of the District Director, Baltimore, Maryland, and enter the following order. 

ORDER!• It is ordered that the applications be denied. 

It is further ordered that applicants be considered to be lawful 

permanent residents of the United States. 

192