Interim Decision #1834 

MATTER OF Kowa 

In Visa Petition Proceedings 

A-17792255 

Decided by Board January 26,1968 

Since petitioner, who entered the United State° on May 10, iee7 es a conditional 

entrant under the provisions of section 203(a) (7) of the Immigration and 

Nationality Act, as amended, is not an alien lawfully admitted for. permanent 

residence until 2 years have elapsed following the date of his conditional entry 

and compliance has been bad with the provisions of sections 203(g) and (h) 

of the Act, as amended, and 8 MR 235.9, he is ineligible to confer preference 

quota status on his wife under section 203(a) (2) of the Act, as amended. 

On 11rwAry or P.Amnrus: Very Rev. Milan Radojevich (Rep.) 

5111 Maryland Avenue 

Detroit, Michigan 48224 

The case comes forward on appeal from the order of the District 

Director, Detroit, Michigan, dated October 27, 1967, denying the visa 

petition for the reason that the petitioner was granted conditional 

entry into the United States under the provisions of section 203 ( a) (7) 

of the Immigration and Nationality Act and thus the petitioner is 

not an alien lawfully admitted to the United States for permanent 

residence; therefore, his spouse is not eligible for preference status 

under section 203 (a) (2) of the Act. 

The petitioner, a native and citizen of Yugoslavia, 82 years old, 

male, seeks preference quota status on behalf of the beneficiary as his 

spouse. The beneficiary is a native and citizen of Yugoslavia, 32 years 

old. The visa petition is supported by the birth and marriage certificates of the parties. 

The file contains a report of conditional entry under section 203 

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

June 20, 1967 which indicates that the petitioner was admitted on 

May 19, 1967. Under the provisions of section 203(g) of the Immigration and Nationality Act any alien who conditionally entered the 

United States as a refugee, pursuant to subsection (a) (7) of the section, whose conditional entry has not been terminated by the Attorney 

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General pursuant to such regulations as he may prescribe, who has 

been in the United States for at least two years, and who has not 

acquired permanent residence, shall forthwith be returned to the 

custody of the Service and shall thereupon be inspected and examined 

for admission into the United States, and his case dealt with in accordance with the provisions of sections 235, 236 and 237 of the Act. Section 203 (h) provides that any alien who, pursuant to subsection (g), 

is found, upon inspection or after hearing, to be admissible as an immigrant under the Act at the time of his inspection and examination, 

except for the fact that he was and is not in possession of the documents required by section 212(a) (20) shall be regarded as lawfully admitted to the United States for permanent residence as of the date of 

his arrival. 

Regulations pertaining to conditional entries have been promulgated 

in Title 8 CPR, section 235.0. Section 235.9(d) provides that for the 

purposes of section 203.(g) and (h) of the Act, the two-year period 

shall commence on the date of the applicant's conditional entry into 

the United States_ Section 235.9 (e) provides that two years subsequent 

to conditional entry into the United States, each conditional entrant 

shall be required to appear before an immigration officer and be interrogated under oath and a determination of admissibility shall be made 

in accordance with Parts 235 and 236 of this chapter. Section 235.9( f) 

provides for termination of conditional entrance status whenever a 

District Director has reason to believe that a conditional entrant is or 

has become inadmissible to the United States under any provisions of 

section 212(a) of the Act (except section 212(a) (20) ) and provides 

for a hearing before a special inquiry officer in accordance with the provisions of sections 23a, 236 and 237. If the alien is found to be not 

inadmissible or, if inadmissible, eligible for a waiver of excludability 

pursuant to section 212(g), (h) or (i) of the Act, the special inquiry 

-officer shall order the proceedings terminated and shall refer the matter to the District Director for further proceedings in accordance with 

section 208(g) of the Act. If the alien is found to be inadmissible, the 

special inquiry officer shall order the termination of the alien's conditional entry and the making of such further orders as may be proper. 

It therefore appears that under the provisions of section 203 (g) and 

(h) of the Act and the regulations contained in 8 CFR 235.9 the visa 

petition is premature inasmuch as two years have not elapsed since the 

petitioner's conditional entry into the United States and he has not as 

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yet been adjusted to the status of a permanent resident?. The appeal 

will be dismissed without prejudice to renewal of the visa petition after 

the petitioner's status has been adjusted to that of a permanent resident. 

ORDER: It is ordered that the appeal be and the same is hereby 

dismissed. 

1 8 CFR 245.1(a) provides that an alien wbo has been allocated an immigrant 

visa number and who entered United States conditionally pursuant to section 

203(a) (7) of the Act is not eligible for the benefits of section 245 of the Act. 

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