Interim Decision X1385 

MATTER OF R—R-- 

Application for Section 212(h) Waiver 

A-13452189 

Decided by OnicCr in.Oh,airge October R3, 1963 

Section 212(h) waiver of inadmissibility under section 212(a) (19), Immigration 

and Nationality Act, as amended, Is granted to applicant who has evidenced 

complete reformation and rehabilitation since his misrepresentations in securing e.border-crossing card In 1960; whose exclusion wouia result in serious, 

hardship to his dependent citizen wife and child, and whose admission would 

not be contrary to the welfare, safety or security of the United States. 

-The applicant is -a male, native and citizen of Mexico, born on 

March 1, 1940.. He was married in Chicago, Illinois on May 25, 1963-

to a native-born citizen of the United States. 

This is the -first marriage for both the applicant and his spouse. 

They are parents of one child who was born on September 20, 1962 

in Chicago, Illinois. This child is living with the applicant's wife. 

in Chicago. 

The applicant has been in the United States on one prior occasion 

and was found by the •Consular Officer to be eligible for a visa for 

permanent residence in all respects except for excludability under 

section 212(a) (19) of the Immigration and Nationality Act. 

In testimony before an Officer of this Service on August 13, 1963, 

in Mexico, D.F., Meiico, the applicant testified that he secured a nonresident alien border crossing identification can" by making false 

statements concerning his intentions- with regard to employment in 

the United States. He testified that in connection with his application 

for the card he stated he did not intend to work in the United States 

in order to conceal his real intention of engaging in employment 

at the first opportunity. Tie stated that he entered the United States 

at Laredo, Texas on February 20, 1960 with a non-immigrant border 

crossing card and went directly to Chicago, Illinois and obtained 

employment. 

The applicant testified that he had never committed any other act 

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or offense which might render him inadmissible to the United States 

or subject him to criminal prosecution. 

The applicant testified that he first met his wife in 1960 and had 

gone steadily with her until their marriage on May 25, 1963. He stated 

that he had supported his wife and child since his marriage and would 

assume complete obligation for their support if he were granted a 

waiver of excludability. 

The applicant stated that he was employed while in Chicago, Illinois for an athletic goods manufacturing concern earning $2.90 per 

hour and that he will be rehired by this firm if he is allowed to return 

to the United States as a permanent resident. He testified that he 

and his wife had no real property but that they had completely paid 

for household goods valued at $1200.00. He stated that he had 

left his wife sufficient funds to live on while he was out of the United 

States arranging for his legal entry. 

Applicant's wife was interviewed by a Service officer on September 4, 

1963 at Chicago, Illinois and corroborated his statements relative to 

their marital history. She stated that she was aware that her husband 

entered the United States illegally but that it made no difference to 

her and that it was her desire that he be allowed to join her in the 

United States as a permanent resident. She stated that the applicant 

had left her some money to live on while he was in Mexico but that 

it was now exhausted and she had been forced to move in with 

her sister. She testified that she could not accept employment because 

her child was so young and she had to remain home to care for him. 

She stated that if her husband was refused an immigrant visa it 

would create a serious economic hardship for her and her United 

States citizen child. She testified that to the best of her knowledge, 

the applicant has never committed any other act or offense which 

might render him inadmissible to the United States. 

Records of other investigative agencies were checked regarding the 

applicant and his spouse with negative results. A neighborhood investigation conducted by an officer of this Service was favorable to the 

grant of a waiver of excludability. 

The misrepresentation which presently bars the applicant from admission to the United States was committed in February 1960. He 

has a clear record since that date and there is evidence that his complete reformation and rehabilitation have been accomplished. There 

is no evidence to indicate that his admission to the United States 

would be contrary to the national welfare, safety or security. It has 

been satisfactorily established that his exclusion from the United 

States would result in serious hardship for his citizen wife and child. 

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ORDER: It is ordered that the application for waiver of excludability under section 212(a) (19) of the Immigration and Nationality 

Act, be and is hereby granted pursuant to the authority contained in 

section 212(h) of the Immigration and Nationality Act, Provided, 

That the waiver shall apply only to the grounds for exclusion described 

herein. 

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