A-1317192.
Decided by Board June 17, 1946. Approved by Attorney General June 21, 1946.
Suspension of deportation — Economic detriment — Section 19 (c) of the Immigration Act of 1917, as amended.
Where the family is supported on the joint earnings of the alien and his wife, and the alien's deportation would reduce the family income by more than 50 percent, his deportation would result in serious economic detriment to the citizen wife and citizen minor child, within the meaning of section 19 (c) of the Immigration Act of 1917, as amended.
CHARGES:
Warrant: Act of 1924 — Remained longer — student.
Lodged: Act of 1924 — Remained longer — visitor.
BEFORE THE BOARD
Discussion: Upon consideration of all the evidence of record, the findings of fact and conclusions of law proposed by the Presiding Inspector with respect to deportability, as modified by the Commissioner on June 7, 1946, are hereby adopted.
The presiding Inspector and the District Director recommend that the alien, a 30-year-old native of the British West Indies and a subject of Great Britain, be permitted to adjust his immigration status by way of suspension of deportation. The Commissioner, however, thinks that the alien is ineligible for suspension of deportation on the ground that his deportation would not result in a serious economic detriment to his native-born citizen wife and his 1-year-old citizen child. The Commissioner recommends that the alien be granted the privilege of voluntary departure but without preexamination.
The Board, for the reasons to follow, agrees with the Presiding Inspector and the District Director that the alien's deportation would result in a serious economic detriment to his family. Accordingly, it believes that the alien's application for suspension of deportation should be granted.
The alien is a resident physician at the Robert Koch Hospital in Missouri. He receives a salary of $175 monthly. Because the family cannot meet their expenses on the alien's salary, the citizen wife is working as a medical social worker in St. Louis. She receives a salary of $163 monthly. Because the mother must work, the child is being taken care of by a third person. The record does not disclose the expense to the alien and his wife for the maintenance of the child. The family assets consist of cash in the sum of $590, war bonds valued at $25 and medical instruments worth approximately $850.
The family is supported on the joint earnings of the alien and his wife. If the alien is deported, the family income will be reduced by more than 50 percent. Whereas this three-person-family was supported on almost $80 weekly, the alien's citizen wife will have to support herself and the child and pay for the expense of maintaining the child out of her earnings of about $36 weekly. Out of these earnings she must pay an income tax and perhaps social security taxes. And it must be remembered that because the alien's wife must maintain a professional standing, her own expenses are considerably higher than those of the ordinary housewife who remains at home. Under these circumstances, and especially today when the cost of living rises every day, the Board thinks that there is no question that the alien's deportation would result in a serious economic detriment to both his citizen wife and his citizen minor child. It so finds.
Order: It is ordered that deportation of the alien be suspended under the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended.
It is further ordered, That if Congress takes no action adverse to the order granting suspension of deportation, and when the required fee is paid, proceedings be canceled.
As the case involves suspension of deportation of an alien pursuant to the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended, in accordance with the provisions of title 8, sec. 90.12. Code of Federal Regulations, the Board refers the case to the Attorney General for review of its decision.
The findings of fact, conclusions of law, and order of the Board of Immigration Appeals suspending the deportation of the respondent under the provisions of section 19 (c) of the Immigration Act of 1917, as amended, are hereby approved and adopted.