A-11406575
Decided by Board April 15, 1958
Good moral character — False testimony in visa petition brings alien within section 101 (f) (6) of the 1952 act.
An alien who falsely claimed United States citizenship in a visa petition to confer nonquota status on his spouse is precluded from establishing good moral character by reason of section 101 (f) (6) of the Act.
CHARGE:
Order: Act of 1952 — Section 241 (a) (2) [ 8 U.S.C. 1251 (a) (2)] — Entered without inspection.
BEFORE THE BOARD
Discussion: Respondent, a 48-year-old male alien, a native and citizen of China, appeals from a decision of a special inquiry officer on February 10, 1958, directing deportation pursuant to law on the charge in the order to show cause. Argument of counsel in support of the appeal emphasizes the meritorious factors and urges that section 101 (f) (6) of the Immigration and Nationality Act should not, under the circumstances, apply to the respondent and, consequently, he should not be precluded from establishing good moral character. The appeal is directed to the denial of discretionary relief.
The respondent's only entry to the United States occurred at San Francisco, California, on November 3, 1931, at which time he was admitted as a United States citizen, alleged son of a citizen, without the usual inspection accorded to aliens entering at United States ports. The respondent has admitted that the person through whom he claimed derivative citizenship at the time of entry was, in fact, not his father. He has admitted alienage. He has also admitted that he purchased false papers with which he misrepresented his true identity for the purpose of entering the United States as a United States citizen. Deportability is not contested.
To establish statutory eligibility for suspension of deportation under section 244 (a) of the Immigration and Nationality Act, an alien must meet the statutory requirements as set forth therein. This respondent applies under 8 U.S.C. 1254 (a) (1) of such act, and one of the requirements is that he establish good moral character for a period of 7 years. This record shows that on October 29, 1953, and again on January 24, 1956, the respondent executed visa petitions on behalf of his spouse, who is in China, in which he stated under oath that he was a United States citizen. False information under oath in a matter which requires that the information be given under oath, constitutes false testimony within section 101 (f) (6) of the Immigration and Nationality Act of 1952. An alien who has given false testimony for the purpose of obtaining benefits under the Immigration and Nationality Act is precluded from establishing good moral character. We find that the benefits the respondent sought were personal, in that, he desired to have his spouse join him in the United States, which desire could be accomplished by obtaining for her a nonquota status on a false claim to citizenship. Accordingly, we hold that counsel's contentions are without merit.
We are not unmindful of the hardships in this case. The respondent has lived in the United States for a period of 26 years. However, the finding of statutory ineligibility for relief obviates the necessity of any discussion of the meritorious factors and equities. The appeal will be dismissed.
Order: It is ordered that the application for suspension of deportation be denied.
It is further ordered that the decision of the special inquiry officer be affirmed and that the appeal therefrom be dismissed.