Interim Decision #1876 

MATTER or SCIIONFELD 

In SECTION 228 Proceedings 

A-11870415-6 

Decidedly Aeting Regional Coanatiseioner May 26,1984 

Applicants who do not have, and have never established, an actual residence in 

this country having been physically present in the United States less than 2 

months during a 4-year period following their admission for permanent residence in April 1980 are ineligible for permits to reenter the United States under 

section 228, Immigration and Nationality Act, since their proposed departure 

Is not temporary within the meaning of the statute. 

The District Director, Miami, Florida, has denied these applications on the basis that further residence abroad could not be considered temporary. Appeal has been taken to the Regional 

Commissioner. 

The applicants are a 40-year-old married alien and her 14-year-old 

con. Both entered the United States at Miami, Florida, on April 8, 

1960, with immigrant visas issued at Caracas, Venezuela, charging 

them against the Czechoslovakian quota. Both were of Israeli 

nationality. 

On April 22, 1960, within three weeks of their admission, both filed 

Applications for Permits to Reenter the United States, showing departure date of April 26, 1960, the reason being for the mother to 

liquidate a business. Permits were granted to May 4, 1961. On April 

5, 1961, both applied for extensions which were granted to May 4, 1962. 

On April 14, 1962, both returned to the United States at the port of 

New Orleans, Louisiana. On April 17, 1962, three days after their 

return, both again filed Applications for Permits to Reenter the United 

States, showing proposed departure date as April 21, 1962, which were 

granted to April 17, 1963. On March 11, 1963, extensions were applied 

for and granted to April 19, 1961. Both returned to the United States 

and were admitted at Miami, Florida, on March 21, 1964. On March 

23, 1961, two days after this last return, they again filed. Applications 

for Permits to Reenter the United States, showing their proposed departure as March 29, 1964. The District Director at Miami, Florida, 

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denied the applications on April 2, 1964, and the appeals were filed 

with a letter from the applicants stating that because of the political 

situation the husband's and father's printing business would require 

them to lose 60 per cent of their savings if the business were liquidated 

now and stating that they had to wait for a better time to liquidate their 

business. 

Section 223 of the Immigration and Nationality Act provides for the 

issuance of a reentry permit to a lawfully admitted alien who intends 

to depart temporarily from the United States. In these cases, the 

applicants do not have and never have established an actual residence in 

the United States. Their return to the United States on March 21, 

1964, was apparently made merely to gain entry within the validity 

period of the reentry permit. for the, second time since their arrival 

in the United States as quota immigrants. Since they are, in fact, residents of Venezuela, having been physically present in the United 

States less than two months during a four-year period, their proposed 

departure is not temporary within the meaning of the statute. 

ORDER: The decision of the District Director of Miami, Florida, 

is affirmed, and the appeals of the appellants are hereby dismissed. 

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