56065/558
Decided by the Board June 27, 1942. Approved by the Attorney General.
Seamen — Section 19 (c), Immigration Act of 1917 as amended — Voluntary departure and preexamination.
When an alien seaman had been granted voluntary departure pursuant to section 19 (c) of the Immigration Act of 1917, together with preexamination and he requested an extension of time within which to depart, the case is not affected by the fact that thereafter the Attorney General ruled that with certain exceptions seamen who arrived subsequent to September 1, 1939, should be deported (Matter of D---- (56111/462, June 11, 1942)).
CHARGES:
Warrant: Act of 1924 — Immigrant without immigration visa. Remained longer than permitted.
Mr. J.H. Krug, Board attorney-examiner.
BEFORE THE BOARD
STATEMENT OF THE CASE: The respondent is a native and citizen of Greece, 29 years of age, single. He resides at Miami, Fla., with his sister and brother-in-law, both of whom are citizens of the United States. His only entry occurred December 17, 1940, as a seaman. On January 26, 1942, we found him subject to deportation because he did not possess an immigration visa at the time of his entry. The respondent had requested permission to depart in lieu of deportation, together with preexamination, and in our order of January 26 we permitted him to depart within 90 days, and authorized preexamination. By letter dated May 7, 1942, the respondent states that he promptly filed with the State Department a preliminary application for an immigration visa, but that he has received no reply. He requests that the period during which he is required to depart be extended for 90 days from May 12, 1942, in order to afford him sufficient time to adjust his status.
DISCUSSION: Owing to the lengthy period required for obtaining an exit permit, the time during which an alien is required to depart in lieu of deportation is generally fixed at 6 months. The respondent was given only 90 days, and therefore he has been unable to comply with our order.
The question now is whether his case is affected by the D---- decision (56111/462, June 11, 1942) [ see page 259, this volume] in which the Attorney General ruled that seamen who arrived subsequent to September 1, 1939, should be deported if they did not have family ties in this country. The basis for this ruling was the need for securing alien seamen to sail ships carrying war materials. At the time of our order in January, permitting the respondent to depart, this need had not arisen and we did not differentiate between seamen and other aliens in granting the privileges of departure and preexamination. The respondent has attempted in good faith to comply with our order. We do not believe that the D---- case warrants reconsideration and the issuance of a warrant of deportation. Accordingly, we shall grant the extension, but the case will be certified to the Attorney General for review of our decision.
ORDER: It is ordered that the period during which the alien is required to depart in lieu of deportation be extended for ninety days after May 12, 1942.
The foregoing decision and order of the Board were certified to and approved by the Attorney General.