Interim Decision 4:fr1441 

Km= or LEE 

In Section 13 Proceedings, Act of Sept. 11, 1957 

A-13849129 

Decided by District Director March, 1, 1966 

Statutory eligibility for adjustment of status to that of a permanent resident 

pursuant to the provisions of section 13, Act of September 11, 1957, is 

established notwithstanding applicant's admission to the 'United States as a 

nonimmigrant under section 3(3), Immigration Act of 1924, and subsequent 

change of status to that of wife of a foreign government official under 

section 8(1) of that Act, which was automat:it:any changed to that under 

section 101(a) (15) (A) (1) upon the effective date of the Immigration and 

Nationality Act.. 

Discussion: The applicant is a 71-year-old native and citizen of 

Chin' a. She was last admitted to the United States on December 5, 

1943 as an alien in. transit pursuant to section 3(3) of the Immigration Act of 1924. On July 31, 1944, the applicant's status was 

changed from that of a transit to that of the wife of a foreign government official under section. 8(1) of that Act,. • She was entitled to 

this status as the wife of the Minister for the Republic of China in 

Washington, D. C. Her husband held this position until his death 

on February 21, 1956. 

Section 13 of the Act of September 11, 1957 (71 sStat. 642-643) 

provides for the adjustment of status to that of permanent residents 

for. certain persons who have 'been admitted to the United States 

under section 101(a) (15) (A) (i) or (ii), or 101(a) (15) (G) (i) or 

(ii) of the Immigration and Nationality Act. The applicant was 

admitted under section 3(3) of the Immigration Act of 1924 and 

had her status changed to section 3(1) of that act. The change of 

;taus is the equivalent of admission under section 3(1), there being 

no necessary distinction between being planted that status at the 

border or being granted it within the United States. The classes of 

aliens described in section 101(a) (15) (A) (i) or (ii) of the Immigration - and Nationality Act include souie.who were formerly in class 

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Interim Decision *1441 

• 

3 (1).of the Immigration Act of 1924. The applicant's classification 

was accordingly automatically changed to 101(a) (15) (A) (i) uponthe effective date of the Immigration and Nationality Act, December 

24;1962. It is found that notwithstanding that her admission to the 

United States and her acquisition of the nonimmigrant status of the 

-wife of a. foreign government official was -under a prior law, the admission and status meet the requirements of section 13 of the Act of 

September 11, 1957. 

The applicant was gainfully employed by the New York Chun 

Gift Shop, New York City, as a saleswoman, from April 1956 until 

April 1957. She -worked for the Ming Sang Company at 25 Elizabeth Street, New York City, as a sewing machine operator, from 

November 1959 until March 1061. She is presently supported by 

her son, Robert C. Lee, who is employed by the Insulation Manufacturing Company, 11 New York Avenue, Brooklyn, New York, with 

a salary of $500 per month. 

The applicant presently resides with her son, Robert, at 430 West 

119th Street, Apartment . 47, New York 27, New York. She has 

three children, Robert C. Lee and Rose Lee Kingman, who are 

United States citizens, and Frank Lee, Jr., who resides on the mainland of China. 

The good moral character of the applicant has been established. 

She is not inadmissible to the United States under the excluding 

provisions of the Immigration and Nationality Act,•except for lack 

of entry documents. She his fulfilled all of the requirements for 

eligibility of section 13 of the Act of September 11, 1957. The Secretary of State has no objection to the granting of permanent residence 

status. 

The applicant is chargeable to the quota for Chinese persons, which 

is oversubscribed. All the evidence of record justifies thd conclusion 

that were she now applying for admission, in possession of appropriate documents, she would be admitted. 

It is ordered that the. status of the applicant be adjusted to that 

of lawful permanent resident of the United States. - 

It is further ordered that if, during_ the session of Congress at 

which this case is reported or the session next following, either the 

Senate or the House of Representativei passes a resolution unfavorable to the applicant, this order be automatically revoked, and the 

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Interim Decision *1441 

applicant be required to depart from the United States in the manner provided by law. 

Note: Section 3(1) of tne immigration Act or 1524 classifies the following 

aliens, inter Wits, as nonimmigrants : 

"an accredited official of a foreign government recognized by the Government of the United States, his family, attendants, servants and employees, 

• • 

Section 101(a) (15) (A) of the Immigration and Nationality Act classifies 

the following aliens, inter olio, as nonimmigrants: 

"(1) an ambassador, public minister, or career (Wilmette or consular 

officer who has been accredited by a foreign government recognized 

de Jere by the United States and who is accepted by the President or by 

the Secretary of State, and the faembere of .the alien's immediate family; 

"(if) upon a basis of reciprocity. other officials and employees who have 

been accredited by a foreign government recognized de jute by the United 

States, who are accepted by the Secretary of State, and the members 

of their immediate families; and 

"(iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and 

employees who have a nonimmigrant status under (1) and (ii) above ..." 

As the wife of an accredited high-ranking career diplomatic officer, the applicant was found to be within the class of aliens described in section 101(a) 

(15) (A) (1) of the Immigration and Nationality Act, and her status was 

automatically changed to that classification on December 24, 1952. 

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