Interim •ecision *1821 

MAI.Lea or RODRIGUEZ 

In Adjustment of Statin Proceedings 

A-11240700 

Decided by Regional Commissioner December 98, 1967 

An alien, a native and citizen of Cuba, who arrived in the United States on 

January 1, 1959, at which time be was'paroled, and who was further inspected 

and paroled at a later date, has been "inspected and admitted or paroled into 

the United States subsequent to January 1, 1959" for the purposes.of adjust- 

. meat of his status pursuant to the provisions of section 1 of the Act of 

vember 2, 1966. 

Discussion: The case comes forward by certification from the District Director, San Juan, Puerto Rico, who denied the application on 

the ground that the applicant has not been inspected and admitted or 

paroled into the United States subsequent to January 1, 1959, as contemplated by the statute. 

The applicant is a native and citizen of Cuba, born in' Artemisa, 

Pinar del Rio, Cuba on November 7, 1919. He last arrived in the United 

States on January 1, 1959 at New. Orleans, Louisiana and requested 

political asylum. He was paroled until January 5, 1959 to report to the 

New York City Office of the Service. However, he actually reported 

on January 5, 1959 to our Miami Office where his parole was continued 

indefinitely. On May 4, 1959, pursuant to the applicant's request, he 

was authorized by our Miami Office to proceed to New York City, The 

record indicates the applicant was, in effect, reparoled for an indefinite 

period at New York on May 18, 1959. He was subsequently referred 

to a Special Inquiry Officer who, on November 8, 1959, found him 

excludable on documentary grounds and ordered his exclusion and 

deportation. The applicant declined to appeal, and on November 8, 

1959 he was reparoled under section 212(d) (5) of the Immigration 

and Nationality Act. He has remained in this country in that status 

until the present time. 

On February 27, 1967, he made application for adjustment of status 

to that of a permanent resident under the provisions of section 1 of the 

Act of November 2, 1966 (Public Law 89-732) , which states in pertinent part that: 

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Interim. Decision #1821 

The status of any alien who is a native or citizen of Cuba and who has been 

inspected and admitted or paroled into the United States subsequent to January 1, 

1959 . . . . may be adjusted . . . . to that of an alien lawfully admitted for permanent residence if the alien makes an application for adjustment, and the alien 

is eligible to receive an immigrant visa and is admissible to the United States for 

permanent residence. (emphasis supplied). 

The sole question in the instant case is whether the applicant. has in 

fact been inspected and admitted or paroled into the United States subsequent to January 1,1959. 

It is well established that an alien who is paroled into the United 

States has not made an "entry" -within the meaning of the immigration 

laws (Lent' May Ma v. Barber, 351 U.S. 185 (1958) ). In addition, section 212(d) (5) of the Immigration and Nationality Act provides that 

parole of an alien into the United States shall not be regarded as an 

aralirkisqion, and that when the purpose of the parole has been served, the 

alien's case shall be dealt with in the same manner as any other applicant for admission to this country. Thus, parole upon application for 

admission clearly contemplates further inspection of the alien as to his 

admissibility. 

Section 1 of the Act of November 2, 1966 does not require that the 

alien must have arrived in the United States subsequent to January 1, 

1959. It requires that, subsequent to that date, the alien must have been 

"inspected and admitted or paroled into the United States". In the case 

of the applicant, his inspection, which commenced when he arrived in 

the United States on January 1, 1959, was continued at Miami on January 5, 1959. Pursuant to the latter inspection, he was again paroled, 

this time for an indefinite period. It is concluded that the applicant 

meets this statutory requirement, as well as the other requirements of 

section 1 of Public Law 89432. Accordingly, the application will be 

approved. 

ORDER: The decision of the District Director, San Juan, Puerto 

Rico, is reversed, and the application for adjustment of status is 

approved. 

550