Interim Decision # 1284 

MAJ. Lit or LONG 

In DEPORTATION Proceedings 

A-12653531 

Decidedby Board May18,1963 

Respondent, who is otherwise qualified, is not precluded from establishing eligibility for suspension of deportation wider section 244(a) (1), Immigration 

and Nationality Act, as amended, by reason of his absence from the United 

States from May 1960 to August 1960, since under the provisions of section 

244(b) of the Act, as amended, the requirement of continuous physical presence 

is inapplicable to him, having served honorably in an active-duty status in 

the Armed Forces of the United States from March 1956 to March 1959 

following enlistment in California. 

CHARGE: 

Order : Act of 1952—Section 241 (a) (2) [8 U.S.C. 1251 (a) (2) ]—Entered without Inspection. 

The case comes forward pursuant to certification by the special 

inquiry officer of his order dated March 29, 1963, ordering that the 

deportation of the respondent be suspended under the provisions of 

section 244(a) (1) of the Immigration and Nationality Act, as 

amended. 

Discussion As To Deportability: The respondent is a native and 

citizen of China, 31 years old, male, married, who first entered the 

United States at the port of San Francisco on April 28, 1951, on a false 

claim of United States citizenship. He last entered the United States 

at Anchorage, Alaska on August 21, 1960, after a brief absence to 

China from May 1960 and was again admitted upon his false claim 

of citizenship. At the time of his last entry he was not inspected as 

an. alien. The respondent is subject to deportation on the charge 

stated in the order to show cause. 

Discussion As To Eligibility For Suspension of Deportation: 

The respondent knew at the time he first came to the United States 

that the person from whom he was claiming United States citizenship 

was not in fact his father. The arrangements for him to come to the 

United States were made by his parents. Although the respondent 

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was 19 when he first entered the United States he attended high school 

in Sacramento, California and was graduated. He has been employed in various capacities in restaurants in Sacramento, California 

and is presently employed as a bus boy at $272 per month plus tips. 

Assets are valued at $20,000, including $10,000 in cash and the remainder in common stock and other personal property. He enlisted 

at Sacramento, California and from March 29, 1956 to March 25, 1959 

he was in active service in the Army of the United States and served 

overseas two years and four months. He was transfered to the Reserve on March 25, 1959, and was honorably discharged on February 15, 1963. During the respondent's period of active service in the 

Army, he was injured and the Veterans Administration has certified 

that he has suffered a thirty per cent degree of disability as a result of 

a service connected residuals of cerebral concussion and has awarded 

him payments of $44 per month commencing March 26, 1959. 

From May 1960 to August 1960 the respondent visited Hong Kong 

where he was married on June 23, 1960, to a native and citizen of China, 

now 27 years old, who still resides there. They have no children. The 

respondent's mother, one sister and a brother reside in Macao. One 

of his brothers is on the Chinese mainland; another brother, now a 

lawful permanent resident, resides in California. The quota for 

Chinese persons, to which the respondent is chargeable, is heavily 

oversubscribed and the respondent cannot otherwise adjust his immigration status. 

The respondent, has resided in the United States since April 28, 

1951. He has been regularly employed in the United States since his 

arrival. The respondent served honorably and actively for three years 

from March 1956 to March 1959, two years and four months of which 

were overseas, and thereafter served in the Army Reserve until February 15, 1963. His deportation could only be effected to Formosa or 

Macao. The respondent's adult years have been spent in the United 

States. In view of the respondent's residence in the United States 

since 1951, his honorable Army service, his service-incurred disability. 

and the fact that his earning ability has been impaired by his injury, 

it is concluded that he would suffer extreme hardship if deported. 

A character investigation conducted by the Service and reports of 

the Federal Bureau of Investigation and of the local police department during the past seven years reveal no information adverse to the 

respondent. No connection with subversive groups has been shown. 

Affidavits of witnesses attesting to his good moral character have been 

introduced into evidence. The respondent has established that during 

the seven year immediately preceding the date of his application for 

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Interim 'Decision #1281 

suspension of deportation he was and is a person of good moral 

character. 

Section 244 (a ) (1) as amended requires that the respondent have 

been previously present in the United States for a continuous period 

of not less than seven years immediately preceding the date of his application. The respondent was absent to Hong Kong from May to 

August 1960. 

Section 2/11(b) of the Immigration and Nationality Act, as amended 

by section 4 of the Act of October 24, 1962 (P.L. 87-885) provides 

that the requirement of continuous physical presence in the United 

States specified in paragraph (1) and (2) of subsections (a) shall 

not be applicable to an alien who (A) has served for a minimum period 

of 24 months in an active-duty status in the Armed Forces of the 

United States and, if separated from such service, was separated under 

honorable conditions and (B) at the time of his enlistment or induction was in the United States. The respondent has produced proof 

that he was honorably discharged after more than 24 months of active 

duty service in. the Armed Forces of the United States and that at the 

time of his entry into the Armed Forces he was present in the United 

States. The inclusion in the benefits of the legislation for aliens who 

served honorably for a stated period of time in the Armed Forces of 

the United States represents the incorporation into a permanent statute 

of a policy braditionally adhered to by the Congress in the enactment 

of private relief bills for the alien servicemen and ex-servicemen. 1 

 The amendment provides relief for aliens who served honorably in the 

Armed Forces of the United States. 2The statutory language is not 

limited in its application and would appear to eliminate the requirement of continuous physical presence in the United States as to honorable discharged servicemen who served two years and were inducted 

or enlisted while in the United States. The respondent falls within 

the scope of section 244(b) and the requirement of continuous physical 

presence of section 244(a) (1) is not applicable to him. The respondent is eligible for suspension of deportation under section 244(a) (1) 

of the Act, as amended. The order of the special inquiry officer dated 

March 20, 1963, will be affirmed. 

ORDER! It is ordered that the order of the special inquiry officer 

dated March 29, 1963, granting the application for suspension of 

deportation be and the same is hereby affirmed. 

2 29 Cong. Rec. 22153 (daily ed. October 12, 1962). 

2 2 U.S. Code Congressional and Adm. News 4029. 

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