A-6606596
Decided by the Central Office April 22, 1952
Status — Section 4 (e) student — Inducted into United States military service — Effect on terms of admission and student status.
(1) An alien admitted as a student under section 4 (e) of the Immigration Act of 1924 who is thereafter inducted into the United States Army is not considered as having failed to fulfill the conditions of his admission, provided such induction occurred while he was lawfully maintaining his status as a student.
(2) The status of student who has been inducted into the United States Armed Forces under the conditions above described is considered as suspended for the period of time he was in the Armed Forces. If during his military service, he makes a short visit to another country in the Western Hemisphere and returns to the United States without presenting an immigration visa or other permit to enter, he will not be found deportable under the Immigration Act of 1924, for the reason that this would have imposed a greater burden on him than he would have had to meet had he applied for admission as a student.
(3) After an honorable discharge from the Armed Forces, such a student should be allowed a reasonable time to make arrangements with an approved school for the continuation of his studies and resumption of his student status.
CHARGES:
Warrant: Act of 1924 — No immigration visa.
Act of 1918 — No passport.
BEFORE THE CENTRAL OFFICE
Discussion: The subject is a 25-year-old single male, a native and citizen of the Philippines, who was admitted to the United States on September 19, 1946, at San Francisco, Calif., as a student under section 4 (e) of the Immigration Act of 1924. He continued in his student status under various extensions of stay, the last of which was dated July 21, 1950, and in which his stay was extended to March 12, 1951. Prior to the expiration of this last stay, to wit: On September 28, 1950, he was inducted into the United States Army and was a member thereof until his honorable discharge on August 17, 1951. While a member of the Army he was stationed at El Paso, Tex., and while on an off-duty pass, he crossed the border into Mexico on March 2, 1951, returned the same day. It is on the basis of this last arrival in the United States that the warrant of arrest was issued.
It is the view of this Service that a student under section 4 (e) of the Immigration Act of 1924, who is inducted into the Armed Forces of the United States shall not be considered as having failed to fulfill the conditions of his admission, provided such induction occurs while he is in a legal status, and the legality of his status shall be considered as suspended during the period of his military service. The respondent was maintaining his status as a student at the time of his induction. His status therefore is considered as suspended for the period of time he was in the Armed Forces; i.e., from September 2, 1950, to August 17, 1951. It follows that he should not be required on return from Mexico to present either an immigration visa or passport, for this would impose upon him a greater burden by reason of his military service, than he would have to meet had he applied for admission as a student. It is therefore concluded that the proceedings under the warrant of arrest should be terminated.
8 C.F.R. 175.203 (d) waives the requirement of an immigration visa for students returning from short visits to Western Hemisphere countries. The respondent did possess a valid Philippine passport but the record shows he was admitted on presentation of his off-duty pass and was not asked to present the passport. So far as returning to the school was involved, his off-duty pass showed that he was returning to the only establishment to which the Government would permit his return at that time.
Respondent through his counsel has applied for permission to continue his studies in the United States. It is believed that as a corollary to the policy enunciated above, that the alien returning from duty in the Armed Forces after an honorable discharge, should be continued for a reasonable time in his student status to arrange for the continuation of his studies. What constitutes a reasonable time must of necessity depend upon the circumstances in each case.
In the case under consideration, the warrant of arrest was issued before the alien was discharged and the hearing was held shortly after his discharge. The hearing officer found the alien subject to deportation. With these conditions facing him, it cannot be considered as unreasonable that the respondent has not made commitments for additional schooling. It is believed therefore that the respondent should be given a reasonable time, not to exceed 6 months from the date of notification of this order, to make arrangements with an approved school for the continuation of his studies, and maintenance of his student status.
Order: It is ordered that the proceedings under the warrant of arrest be terminated.