Interim Decision #1780 

MATIER OF No 

Application for Classification as Refugee 

A-12216472 

Decided by Regional Commissioner Maroh,931,1967 

Applicant, a native and citizen of China who in 1080 when 11 years of ago fled 

with his family from Communist China to Hong Song where he resided with 

them until he came to the United States as a student in 1982 when about 22 

years of age, is ineligible for refugee classification under the proviso to section 

208(a) (7), Immigration and Nationality Act, as amended, because he has 

been firmly resettled in another country since his father, owner of an importexport business in Hong Song, has been firmly resettled there and applicant 

prior to his entry into the United States was residing at home with his family 

and thus was part of a family resettled in Bong Kong. 

ON BEHALF,or APPLICANT: Samuel D. Meyers, Esquire 

O'Hara & O'Hara Law Offices 

88 South Clark Street 

Chicago, Illinois 60603 

This matter is before the Regional Commissioner for review on certification of the District Director's decision denying the application 

for refugee classification under section 203(a) (7) of the Immigration 

and Nationality Act, as amended. The application was filed in connection with an application for adjustment of status under section 245 

of the Immigration and Nationality Act, as amended. The District 

Director denied the application because it was determined that the 

applicant was firmly resettled in Hong Kong prior to coming to the 

United States as a student in January 1962. 

The applicant is a 27-year-old citizen of China who was born in 

Swatow, Kwangtung, China on December 23, 1939. He fled from 

China in 1949 or 1950 with his father, mother, sister, and brother, after 

the Communists occupied China. He has stated that his father was a 

former Nationalist Government official. The applicant lived and went 

to school in Hong Kong from about 1950 until January 1962 when he 

came to the United States as a student. 

In Matter of Men, I.D. No. 1685, it was held that an alien who fled 

from Communist China but thereafter became firmly resettled is ineli821-684-88-28 411 
Interim Decision #1780 

gible for classification under the proviso to section 203(a) (7). The 

only issue in this case is whether resettlement has been effected. 

The applicant has a Hong Kong Certificate of Identity and a Hong 

Kong Identity Card. These documents, which may be used to return 

to Hong Kong, are not conclusive evidence of resettlement. However, 

he lived in that British colony from the age of about 11 years until 

he was about 22 years old. He was a student in high school and in a 

Bible Seminary while in Hong Kong. His father, who owns an importexport business in that Colony, is certainly resettled. The applicant's 

residence is imputed to his parents while a minor While the applicant 

was living at home, his residence was in Hong Kong and it will have 

to be found that he was resettled in Hong Kong because he is a part of 

Et family that resettled in Hong Kong prior to his coming to the 

United States. Therefore, the District Director's decision was proper. 

It is ordered that the decision of the District Director be and the 

same is hereby affirmed. 

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