Civ. No. 18685. July 24, 1959. Cornelius W. Wickersham, Jr., U.S. Atty., Brooklyn, N.Y., by Irwin J. Harrison, Asst. U.S. Atty., Great Neck, N.J., for the motion. Philip Ciaccia, Brooklyn, N.Y., for plaintiff, in opposition. RAYFIEL, District Judge. This is a motion under Rule 12(b)(1) and (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint herein on the grounds (a) that the Court lacks jurisdiction over the subject matter, and (b) that the complaint fails to state
If it appears to a district director that an alien residing in his district, who was lawfully admitted for permanent residence, has an occupational status described in section 247 of the Act, he shall cause a notice on Form I-509 to be served on such alien by personal service informing him that it is proposed to adjust his status, unless the alien requests that he be permitted to retain his status as a resident alien and executes and files with such district director a Form I-508 (Waiver of Rights