E-085577
Decided by the Board November 12, 1953
Voluntary departure, section 244 (e) of the Immigration and Nationality Act — Good moral character, section 101 (f) (6) of the Immigration and Nationality Act.
An alien who falsely alleges in his application for extension of temporary stay that he is not gainfully employed for the purpose of remaining longer in the United States and thus change his status to that of permanent residence, has given false testimony within the meaning of section 101 (f) (6) of the Immigration and Nationality Act and is precluded from establishing the good moral character required for the grant of voluntary departure under section 244 (e) of that act.
CHARGE:
Warrant: Act of 1952 — (Section 241 (a) (9)) — Visitor for pleasure — Failed to comply with section 3 (2), act of 1924.
BEFORE THE BOARD
Discussion: This is an appeal from the decision of a special inquiry officer at New York on April 30, 1953, finding deportability on the charge in the warrant of arrest, denying discretionary relief, and directing deportation pursuant to law.
The special inquiry officer has found that this alien is statutorily ineligible for discretionary relief for which he has applied because he cannot establish the requisite good moral character for a period of 5 years immediately preceding his application for discretionary relief. It is found that he made certain false statements in his application for extension of temporary stay on October 11, 1952, under oath, before an officer of the Service. His application for voluntary departure is under section 244 (e) of the act effective December 1952 (Public Law 414). The statutory ineligibility of the alien, as found by the special inquiry officer, arises under the provisions of section 101 (f) (6) of the act of 1952, which reads:
For the purposes of this act. —
No person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established, is, or was —
* * * * * * *
(6) One who has given false testimony for the purpose of obtaining any benefit under this act;
Counsel alleges that this alien was confused when he gave the false information on October 11, 1952; that such false information was not given wilfully or with the intention of misleading the Service; and that such false information was not made to obtain any benefits under the Immigration and Nationality Act of December 1952.
The sole issue is whether this alien can establish the requisite good moral character for voluntary departure. He applied therefor on April 30, 1953. There is no negative evidence in the record except the false statements made on October 11, 1952. It is now necessary to determine whether the false statements were made to obtain benefits under the act of 1952.
This respondent, a 24-year-old male, native and citizen of Peru, was admitted to the United States at Laredo, Tex., on April 7, 1952, as a visitor for business and pleasure. He came to this country as a student-business trainee — and was admitted for the period up to October 12, 1952, to work at Universal Co. On or about June 1952, he allegedly accepted employment in an electrical company in addition to his work as a trainee.
On October 11, 1952, this alien executed an application for extension of his temporary stay for 6 months. In answer to a question in that document he stated that he was not employed. Subsequently on April 27, 1953, he gave statements under oath before an officer of the Service wherein he admitted that he was working for an electrical company at the time he gave the information contained in his application for extension of temporary stay on October 11, 1952. He alleged that his attorney told him to say he was not working in order to have more time to arrange for residence papers. The alien had married a United States citizen on August 25, 1952.
In the instant proceeding, the alien has explained that his attorney sent him an application for extension of stay which he filled out on July 7, 1952, and returned to the attorney. According to his testimony, the attorney examined the form and returned it to him to have the jurat executed. He executed the document on October 11, 1952, and sent it to the office of the Service. He has alleged that he accepted only part time employment in June or July 1952 and that he did not accept regular full-time gainful employment until November 1952. He admits that he had consulted his attorney concerning whether he should state that he was employed in his application for extension of stay and that he was advised that that matter was not important.
It is believed that this record established that at the time this alien gave the pertinent false statements on October 11, 1952, he had taken certain steps or had consulted counsel, regarding a change of his immigration status to that of a legally resident alien. He concealed the fact that he was gainfully employed in order that he could remain longer in the United States and thus change his immigration status to that of permanent resident. At the time he gave the false statements on October 11, 1952, he could not apply for suspension of deportation under the Immigration Act of 1917. By remaining longer in the United States he hoped to benefit by the provisions of the Immigration and Nationality Act of 1952. In view of this finding, it must be concluded that the respondent is precluded from establishing good moral character for the purposes of his application for discretionary relief. His application will be denied. The appeal will be dismissed.
Order: It is ordered that the alien's application for voluntary departure be denied.
It is further ordered that the appeal from a decision of a special inquiry officer on April 30, 1953, be, and the same is hereby, dismissed.