A-7134561
Decided by Central Office August 22, 1949
"Nationality status", for quota purposes — Place of nativity — Section 12, Immigration Act of 1924 — Alien born in territory which was subsequently ceded to another country — A "quota" nationality change follows Presidential Proclamation as to quota changes rather than mere cession of such territory.
Where an alien was born in the Dodecanese Islands (Europe) and was a native of Italy for quota-nationality purposes when such Islands were ceded by Italy to Greece (by treaty of peace signed in November 1947), he was still chargeable to the quota of Italy even after such transfer of territory, until such quota nationality was revised and a Presidential proclamation was issued covering such change (Presidential Proclamation No. 2846 of July 27, 1949 appeared in 14 F.R. 4707, of July 26, 1949).
EXCLUDED BY BOARD OF SPECIAL INQUIRY:
Act of 1924 — Not of nationality specified in visa of immigration visa.
BEFORE THE CENTRAL OFFICE
Discussion: The subject hereof, a single male, was born December 15, 1915, at Kalymos, Dodecanese Islands, Agean Archipelago. He arrived at the port of New York City on March 7, 1949, as a passenger on the steamship Queen Elizabeth and applied for admission for permanent residence. At the time of arrival he presented a valid Greek passport and a valid nonpreference quota immigration visa issued under the Italian quota. This visa indicated that the appellant is of Greek nationality and is classified as an Italian nonpreference immigrant. The subject was held for action by a Board of Special Inquiry and on March 9, 1949, such Board excluded the alien on the ground that he was an immigrant not of the nationality specified in the visa of the immigration visa. The alien thereupon, appealed that decision.
The Board of Special Inquiry evidently predicated its excluding decision upon the fact that the Dodecanese Islands were returned to Greece by Italy as the result of a treaty of peace signed in November of the year 1947 by all the allied powers, Greece and Italy. In fact, the members of the Board of Special Inquiry did state that although the subject was "born Italian," the territory in which he was born was ceded to Greece by reason of a treaty which took place over a year ago and under section 12 of the Immigration Act of 1924, such transfer of territory would have the effect of placing him under the Greek quota rather than under the Italian quota at the present time.
This matter of proper quota determination in the case of the subject was thereupon referred to the Department of State and that Department has declared that a person such as the subject who was born in the Dodecanese Islands, would under present provisions, be chargeable to the quota for Italy. In fact, In the Matter of D---- G. B----, file A-7093262, the Department of State declared that a person born in the Dodecanese Islands, at this time and in accordance with section 12 of the Immigration Act of 1924 is chargeable to the quota established for Italy. As shown, the subject alien was in possession of a valid quota visa, chargeable to the quota for Italy and such was a visa properly issued by the American representative abroad. Therefore, the alien's appeal will be sustained.
Recommendation: It is recommended that the appeal be sustained and the alien admitted for permanent residence.
So ordered.