Interim Decision #1296 

Mex.12.1$ o GHAZAL. 

In DEPORTATION Proceedings 

A-10542984 

Decided by Board August 1,1988 

An alien admitted to the United States upon presentation of a nonquota immigrant visa procured by fraud is statutorily eligible for adjustment of status 

under section 245, Immigration and Nationality Act, as amended. 

CILABOE : 

Order: Act of 1952—Section 241(a) (1) [8 U.S.C. 1251(a) (1) ]—Excludable 

at time of entry under section 212( a) (20), immigrant, no visa. 

This case comes forward on appeal from an order entered by the 

special inquiry officer on June 3, 1963, denying the respondent's application requesting that his iromigrant status be adjusted to that of a 

permanent resident as provided in. section 245 of the Immigration and 

Nationality Act and directing that he be deported from the United 

States to Syria on the charge contained in the order to show cause. 

The respondent, a 43-year-old married male, native and citizen of 

Syria, first entered the United States at El Paso, Texas on November 

29, 1955, at which time he had in his possession and presented for 

inspection nonquota immigrant visa issued in the name of Aldo Lutfi 

at the American Consulate in Juarez, Mexico. The aforementioned 

nonquota visa was issued to the respondent on the basis of his claimed 

birth in Brazil, South America. The respondent last entered the 

United States at Miami, Florida on February 22, 1958, at which time 

he had in his possession a reentry permit issued in the name of Aldo 

Lutfi on March 16, 1956. The record clearly reflects he is a native and 

citizen of Syria and his true and correct name is Abdul Wahab Ghazal. 

Deportation proceedings were instituted against the respondent on 

June 9, 1960. Upon conclusion of the hearing held in deportation 

proceedings, the special inquiry officer on July 19, 1960 entered an 

order directing that the respondent be deported from the United States 

in the manner provided by law on. the charge set forth in the order 

to show cause. During the deportation hearing held at Miami, 

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Florida, in July 1960, the respondent designated Brazil as the country 

to which he wanted to be deported. A further recital of the remaining facts in this case is not deemed necessary inasmuch as they have 

been fully and adequately discussed by the special inquiry officer in 

his decisions of July 19, 1960 and June 3, 1963. 

The only question for us to resolve in this proceeding is whether the 

respondent is eligible to have his immigration status adjusted under 

section 245 of the Immigration and Nationality Act. The special inquiry officer has concluded that he is ineligible to be accorded permanent resident status under section 245 of the Act and his reasons 

therefor are set forth in detail in his decision of June 3, 1963. There 

is no legal basis for the special inquiry officer's conclusion that the 

respondent is ineligible to be accorded permanent resident status under 

section 245 of the Immigration and _Nationality Act. Section 245 of 

the Immigration and Nationality Act as amended provides that "the 

status of an alien, other than an alien crewman, who was inspected 

and admitted or paroled into the United States may be adjusted by 

the Attorney General, in his discretion and under such regulations as 

he may prescribe, to that of an alien lawfully admitted for permanent 

residence if * "." 

The facts in this ease are readily distinguishable from those in 

Matter of Da Silva, Int. Dec. No. 1268, decided by this Board on 

February 21, 1963. In the cited case the alien, had been lawfully 

admitted 'to the United States for permanent residence and he thereafter became deportable because of convictions of crimes involving 

moral turpitude after entry. In matter of Da Silva, supra, we held 

that an alien lawfully admitted for permanent residence, who subsequently became deportable' ecause of convictions of crimes involving 

moral turpitude, is statutorily ineligible for adjustment of status 

under section 245 of the Immigration and Nationality Act, as amended. 

In the instant case the nonquota visa presented by the respondent at 

the time of his initial admission to the United States was procured 

by fraud. It was issued in a name other than his own and upon his 

falsely claiming that he was born in Brazil. Hence, the respondent 

was never lawfully admitted to the United States for permanent residence because the visa with which he effected entry was procured by 

fraud and lie was not entitled to the nonquota status specified in his 

immigrant visa. As previously noted, section 245 of the Act as 

amended provides that the status of any alien, other than an alien crewman, who was inspected and admitted 'into the United States may be 

adjusted by the Attorney General, * * *. The respondent in the 

instant proceeding was inspected and admitted into the United States 

in November 1955 and at the time of his last admission on February 

22, 1958. Hence, we conclude he is statutorily eligible to have his 

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immigrant status adjusted under section 245 of the Immigration and 

Nationality Act. 

Upon full consideration of all the evidence of record and counsel's 

representations in oral argument, we have concluded to remand the 

case to the special inquiry officer in order that he may reconsider 

or consider anew the respondent's application for adjustment of status 

under section 245 of the Act, Accordingly we will so order. 

ORDER: It is ordered that the appeal be sustained. 

it is further ordered that the case be remanded to the special inquiry officer for further proceedings in accordance with the provisions 

of the foregoing opinion. 

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