Interim Decision #1615 

MATTER OF LEE 

In Section 245 Proceedings 

A-13553064 

Decided by District Director April 6,1966 

An alien accorded second preference classification in 1959 under the then existing statute as the unmarried son of a 'United States citizen, who is still 

unmarried and whose U.S. citizen mother is still living, is clearly within 

the provisions of section 25(a) of the Act of September 26, 1961, which 

statute has not been repealed; therefore, he is classiSable as a "nonquota immigrant" and, being otherwise eligible, his application for adjustment of 

status pursuant to section 246 . of the Immigration and Nationality Act, as 

amended, is granted. 

The applicant's only entry into the United States occurred at 

Honolulu, Hawaii on December 13, 1963, at which time he was 

paroled indefinitely pursuant to the statutory authority contained 

in section 212(d) (5) of the. Immigration and Nationality Act (8 

U.S.C. 1182). That extraordinary authority was exercised because 

of the applicant's status as a "Hong 'Kong parolee", i.e., a refugee 

from Communist China. 

His application for adjustment of status was filed on January 26, 

1966. The required investigation and medical examination have 

been completed and the applicant has been found to be admissitle 

to the United States and qualified in every respect for the benefit 

he seeks. The sole question presented is that of the quota to which 

he should be charged. 

For reasons set out more fully below, it has been concluded that he 

should not be charged to any quota, that he may properly be classified as a "nonquota immigrant", even though that term is no longer 

to be found in the Immigration and Nationality Act. 

The subject was born in China on December 25, 1987. On July 23, 

1959, his mother, LEE Lau Sam Moi, a citizen of the United States, 

filed a petition 'to classify him as a second preference immigrant 

under the then existing statute (8 U.S.C. 1153) as the unmarried 

710 
Interim Decision 401615 

son of a. citizen of the United States. This petition was approved 

on December 28, 1959. 

The pertinent statutory provision reads: 

Any alien eligible for a quota immigrant status under the provisions of section 203(a7(2) or (3) of the Immigration and Nationality Act on the baste of 

a petition Sled with the Attorney General prior to J'uly 1, 1981, shall be held 

to be a nonquota immigrant and, if otherwise admissible under the provisions 

of that Act, shall be issued a nonquota immigrant visa: Provided, That, upon 

his application for an immigrant visa, and for admission to the 'United States, 

the alien is found to have retained his relationship to the petitioner, and status, 

as established in the approved petition. (Sec. 25(a), Act of September 20, 

1961, '75 Stat 657) 

The statutory interpretation to be given to the words "relation, 

ship" and "status" has been decided by the Attorney General. Retention of the parent-child relationship is affected by marriage but 

not by the ge ef the child (Matter of Y—J---0--, 9 L & N. Dec. 

471). The applicant is still unmarried and his U.S. citizen mother 

is still living. The statute quoted above has not been repealed. 

The October 3, 1965 amendment to the Immigration and Nationality Act made no provision for aliens who had achieved nonquota 

status by special legislation enacted prior to 'October 8, 1965. However, since the Act of October 3, 1965 did not repeal, either expressly or by implication, the Act of September 26, 1961, it will be conchided that this applicant is still a nonquota immigrant. 

Additional evidence to support this conclusion is to be foUnd in 

Title 22 of the' Code of Federal Regulations, Part 42.20, which 

authorizes the issuance of inunig,rant visas to immediate relatives 

or special immigrants after they establish their right to such classifications under the provisions of section 201:(b) or 101(a) (27) or other 

proviiion 'of law. (Empllesis added.) Part 42.27 of that Title 

pro Ades that an alien shall be classifiable as a nonquota immigrant 

if he establishes to the satisfaction_ of the consular officer that he . 

qualifies under section. 25(a) of the Act of September 26, 1961:, 

The facts recited above clearly bring this applicant within the pro- : 

visions of section 25(a) of the Act of September 26, 1961. His 

application will be granted, -without deduction .of a number from 

the quota of ,China. . 

ORDER: It is ordered that the application of Herman Buck-kin 

Lee for adjustment of status pursuant to section 245 of the 

gration and Nationality Act be and hereby is granted. 

711