VP-437023 and A-6739061
Decided by Central Office December 6, 1950 Decided by the Board February 7, 1951
Visa petition — Beneficiary husband of East Indian race — Basis for denial.
The beneficiary, who married the petitioner on April 7, 1950, is of East Indian race (of a race indigenous to India), and must be charged to the quota of India, as provided by section 4 of the act of July 2, 1946; he is governed by the Department of State's priorities set up by that act, and not by the preferences mentioned in section 6 (a) (1) of the Immigration Act of 1924; wherefore the visa petition on his behalf must be denied.
BEFORE THE CENTRAL OFFICE
(December 6, 1950)
Discussion: The subject, a native-born citizen of the United States, has filed a petition for issuance of immigration visa in behalf of her husband, R---- P---- P----, who was born in Bombay, India, and whom she married in the United States on April 7, 1950.
The record shows that the district director has denied the visa petition on the ground that subject's husband is of the East Indian race and therefore does not come within the classification of a nonquota or preference quota immigrant by reason of subject's marriage to him. From this decision, the petitioner, who resides in the United States, has appealed. The record further shows that the beneficiary entered the United States in July 1947 and departed therefrom for England on July 13, 1950.
The evidence relating to the beneficiary establishes that he is of the East Indian race and is therefore a person of a race indigenous to India. Section 4 of the act of July 2, 1946 (Public Law 483, 79th Cong., ch. 534, 2d sess.) provides "With the exception of those covered by subsection (b), (d), (e) and (f) of section 4, Immigration Act of 1924 ( 43 Stat. 155; 44 Stat. 812; 45 Stat. 1009; 46 Stat. 854; 47 Stat. 656; 8 U.S.C. 204), all persons of races indigenous to India entering the United States annually as immigrants shall be allocated to the quota for India computed under the provisions of section 11 of the said act. A preference up to 75 per centum of the quota shall be given to Indians and other aliens racially eligible to naturalization born and resident in India or its dependencies." Section 5 (a) of the said act provides as follows: "For the purposes of section 2 (4) of this act, the term `persons of races indigenous to India' shall mean any person who is as much as one-half of the blood of a race indigenous to India and who is eligible to naturalization under section 303 of the Nationality Act of 1940, as amended by section 1 of this act."
In view of the fact that the beneficiary is of the East Indian race, he is deemed to be a person of a race indigenous to India.
As such, he must be charged to the quota of India, as provided by section 4, act of July 2, 1946 ( supra), and is governed by the Department of State's priorities set up by that act and not by the preferences mentioned in section 6 (a) (1) of the Immigration Act of 1924.
In view of the foregoing, the action of the district director in denying the visa petition is affirmed.
Order: It is ordered that the petition for issuance of immigration visa in behalf of the subject's husband be denied.
It is further ordered, That this decision be transmitted to the district director at Chicago, Ill., for further appropriate attention in accordance with part 165.2 (e) of title 8 of the Code of Federal Regulations.
Discussion: This matter is before us by reason of an appeal from the decision of the Assistant Commissioner of Immigration and Naturalization, dated December 6, 1950.
The decision of the Assistant Commissioner of Immigration and Naturalization correctly sets forth the law and the facts in the case, consequently, there is no necessity for discussing them again.
We have carefully considered all of the representations as contained in the record as well as those advanced on oral argument before this Board and it is our conclusion that the appeal must necessarily be dismissed.
Order: It is ordered that the appeal from the decision of the Assistant Commissioner of Immigration and Naturalization, Adjudications Division, dated December 6, 1950, be and the same is hereby dismissed.