E-12287 E-12288 E-12289
Decided by the Board March 3, 1954
Suspension of deportation — Section 244 (a) of the Immigration and Nationality Act — Exceptional and extremely unusual hardship.
"Exceptional and extremely unusual hardship" as used in section 244 (a) of the Immigration and Nationality Act has not been established where the respondents have short residence in this country (8 years); their income will not be materially reduced if they return to Greece; there are no close family American citizen ties here; no business enterprise will be disrupted by their departure; and they own a home in Greece as well as in this country.
CHARGES:
Warrant: Act of 1924 — Failed to maintain status — Foreign government official (male).
Act of 1924 — Failed to maintain status as members of family of accredited foreign government official (both females).
BEFORE THE BOARD
Discussion: On May 19, 1953, by order of the Acting Assistant Commissioner, these cases were certified to this Board for consideration and final decision pursuant to 8 C.F.R. 6.1 (c). The special inquiry officer had entered orders on March 18, 1953, for the suspension of deportation of these respondents. The special inquiry officer had granted suspension of deportation to all of the aliens and had certified the decision to the Acting Assistant Commissioner.
This record relates to a family of three aliens, husband, wife, and adult daughter. The daughter is unmarried. The male and the younger female respondents are natives and citizens of Greece and the older female respondent is a native of Cyprus and now a citizen of Greece. These respondents entered the United States together on October 9, 1945, at the port of New York. The male alien was admitted pursuant to section 3 (1) of the Immigration Act of 1924 as a military attache of the Greek Embassy in this city. The female aliens were admitted as members of his family.
He has testified that he terminated his status in December 1946, by reason of his retirement from the military service of Greece. He, having terminated his status as an accredited Government official, the two members of his family, the female respondents, lost their exempt status. Each and all of the respondents are deportable on the respective warrants of arrest.
These respondents have applied for suspension of deportation under the provisions of section 244 (a) (1) of the Immigration and Nationality Act. They have been in the United States continuously since 1945 and have met the jurisdictional requirements of the statute under which they applied. They have established good moral character for a period of at least 7 years.
The special inquiry officer has found that these respondents have met all of the requirements for suspension of deportation under the applicable provisions of law, and has found that an exceptional and extremely unusual hardship would result to these aliens should they be deported or required to depart from this country. The factors emphasized by the special inquiry officer concerning hardship are that the younger female would lose her income of $130 per month and her student work would be interrupted. Concerning the male alien, it has been found that he would be required to dispose of his home here which is now rented and his income would be reduced. Concerning the older female alien, it has been found that she would be required to give up her employment and her income would be reduced.
The quota for Greece is oversubscribed and these aliens cannot obtain immigration visas within a reasonable time.
These respondents are all adults. The male respondent is retired from the Royal Greek Army and receives $120 monthly as pension. He is unemployed. He owns a home in Greece which is rented to the American Embassy there. He and the adult female alien own a home here which is rented to the Italian Embassy for $340 monthly. They estimate that their interest in the home is of the value of $13,000. The adult female is employed part time and earns about $1,000 annually. In addition to the foregoing, the adult female alien has savings in the amount of $2,200 and the male alien has a small amount of savings. The younger female alien, age 22, is presently a student at George Washington University and is completing her work on a master's degree (February 1954); and although she will lose an income granted to her by the Greek Government for education in the amount of $130 per month, it appears that this sum will be discontinued in all events upon the completion of her basic education.
It appears from the foregoing discussion of the financial situation of these aliens that they would have an income abroad which would be approximately the same as the income they are receiving here except that the adult female alien would be required to leave her employment here from which she derives earnings in the sum of $1,000 annually. While it is true that these aliens own a home in this country, they also own a home in Greece. The pension which the male alien receives is from the Greek Government. While it is true that these respondents have acquired friends and acquaintances in this country, they have no dependents or close family American citizen ties here. They have had a short period of residence in this country of 8 years only. No business enterprise would be disrupted by requiring them to leave this country. It is our decision, after a very careful review of the record in this case and after careful consideration of the matters emphasized by counsel in his oral argument before us, that the record fails to establish that an exceptional and extremely unusual hardship would result should these respondents be required to leave the United States. Accordingly, we find that suspension of deportation under section 244 (a) (1) of the Immigration and Nationality Act is not warranted, the aliens having failed to establish that exceptional and extremely unusual hardship would result if they were deported.
Matter of S----, A-5388920, B.I.A., August 13, 1953, Int. Dec. No. 491; Matter of H----, E-089256, B.I.A., August 13, 1953, Int. Dec. No. 493; Matter of Z----, A-2074510, B.I.A., August 13, 1953, Int. Dec. No. 494; Matter of M----, A-5845821, B.I.A., September 4, 1953, Int. Dec. No. 496.
Counsel has emphasized that these aliens are persons of excellent character and that the younger female alien has won honors and recognition in the school where she has been a student. We appreciate the situation of the aliens and are sympathetic toward them. We have carefully considered the record. We find that the aliens have established eligibility for voluntary departure. The order entered by the special inquiry officer will be withdrawn and they will be given an opportunity to depart from the United States voluntarily.
Order: It is ordered that the order entered in this case for suspension of deportation of the subject aliens on March 18, 1953, be withdrawn.
It is further ordered that the aliens be permitted to depart from the United States voluntarily without expense to the Government, to any country of their choice, within such period of time, in any event not less than 90 days, and under such conditions as the officer in charge of the district deems appropriate.
It is further ordered that if the aliens do not depart from the United States in accordance with the foregoing, the order of deportation be reinstated and executed.