Interim Decision #1891 

MATTER OF KING AND FIELDS 

In Deportation Proceedings 

A-17592503 

A-17592501 

Decided by Board August 6, 1968 

Where a native and citizen of Trinidad admitted to' the Virgin Islands under a 

nonimmigrant visa waiver pursuant to 8 CFR 2121(b), proceeded the same 

day to the continental 'United States, neither such waiver tinder 8 OFR212.1 (b ) 

nor the waiver provisions of 22 OFB 41.5(c) are applicable to her entry to 

the mainland from the Virgin Islands; therefore, she is deportable under section 241(a) (9) of the Imiaigration and Nationality Act for failure to comply 

with the conditions of her nonimmigrant admission. 

Ousitues: 

Order: Act Of 1952—Section 241(a) (1) [8 U.S.C. 1251(a) (1)7—Excludable 

at entry—immigrants—no visas or other valid entry 

doCuments. • 

Lodged: Act of 1952—Section 241(a) (9) (8 118.0. 1251(a) (9)1—Failed to 

eopply with conditions of status—visitors for pleas- 

. 

ure to the Virgin' Islands under 8 CFR 212.1 (b). 

On Bratorz or RESPONDENT : ON BEZAIN Or smarms 

Jacob •W. Bosinsky, Esquire Irving A. Appleman 

150 Broadway Appellate Trial Attorney 

Now Totilc New York 10088 

The cases come forward on appeal from the orders of the special 

inquiry officer entered May 1, 1968 and April 30, 1968 respectively, 

granting the respondents the privilege of voluntary departure with 

the further order if they failed to depart when and as required, they 

be deported to Trinidad solely on the lodged charge. 

The respondents, natives and citizens of Trinidad, females, last 

entered the United States at Christiansted, Virgin Islands on or 

about, April 26, 1968 and were admitted with nonimmigrant, visa 

waivers pursuant to 8 CFR 212.1(b) to the Virgin Islands until May 7, 

1968. Later that same day they proceeded to the City of New York. 

The respondents have never been admitted to the United States for 

permanent residence. 

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Interim Decision #1891: 

At the respective hearings, charges were lodged that the respondents 

were deportable under section 241(a) (9) of the Immigration and Nationality Act, in that after admission as nonimmigrants under section 

101 (a) (15) of the Act, they failed to comply with the conditions of the 

nonimmigrant status under which they had been admitted. The record 

establishes, that when respondents entered the United States at 

Christiansted, Virgin Islands they did not have nonimmigrant visas. 

The respondents' admission at Christiansted, Virgin Islands was 

under a waiver of nonimmigrant visas pursuant to 8 CFR 212.1(b) 

which provides: 

A visa is not required of a British, French, or Netherlands national, or a national of Jamaica, Trinidad and Tobago or Barbados, who has his residence in 

British, French, or Netherlands territory located in the adjacent islands of the 

Caribbean area, or in Jamaica, Trinidad and Tobago or Barbados, for admission 

or stay in Puerto Rico, the Virgin Islands of the United States, or as an agricultural worker in the United States. 1 

When the respondents were admitted to the Virgin Islands they were 

nationals and residents of Trinidad. The nonimmigrant waiver contained in 8 CFR 212.1(b) was limited or circumscribed for admission 

or temporary stay in Puerto Rico, the Virgin Islands, or as an agricultural worker in the United States. The respondents instead proceeded immediately to the continental United States, thereby failing 

to comply with the limited conditions of the temporary status under 

which they had been admitted to the Virgin Islands. Accordingly, they 

are deportable on the lodged charge. 

Reference has been made to the provisions of 22 CFR 41.5 (c) which 

exempts a nonimmigrant from the requirement of passport, -visas, and 

border-crossing identification cards in the case of : 

An alien who shall leave Guam, Puerto Rico, or the Virgin Islands of the United 

States and seeks to enter the continental ratted States or any other place or 

jurisdiction of the United States. 

The waiver provided in 22 CFR 41.5 (c) would not appear to apply 

to the instant respondents who are nationals and residents of Trinidad 

and were granted a waiver of the nonimmigrant documentary requirements by 8 CFR 212.1(b) (also 22 CFR 41.6 (b) ) for the limited purpose as set forth in that regulation and have failed to comply with the 

conditions of the status under which they entered the Virgin Islands 

(or Puerto Rico). The waiver was not effective for entry into the 

United States under the circumstances of the case. 

The respondents have been granted the privilege of voluntary departure. They did not apply for any other form of discretionary relief. 

See also 22 CFR 41.6(b). 

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Interim Decision #1891 

They will be granted an additional 30 days from date of decision in 

which to depart. 

ORDER: It is ordered that the respondents be granted 30 days from 

date of this decision to depart voluntarily, the other conditions of the 

orders of the special inquiry officers to remain in full force and effect. 

It is further ordered that the appeals be and the same are hereby 

dismissed. 

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