Matter of Khan, Interim Decision Number 2143

• Decision Date: 17 April 1972
• Docket Number: Interim Decision Number 2143,A-30593139
• Citation: 14 I&N Dec. 122
• Parties: MATTER OF KHAN In Deportation Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

14 I&N Dec. 122

MATTER OF KHAN

In Deportation Proceedings

Interim Decision Number 2143

A-30593139

Board of Immigration Appeals.

Decided by Board April 17, 1972.

Respondent, who was admitted in possession of an immigrant visa issued to him as an alien child "accompanying or following to join" his father but who preceded his father, the principal alien, to the United States, was not an "accompanying" alien within the meaning of section 203(a)(9) of the Immigration and Nationality Act, as amended; further, his immigrant status, which was contingent upon the continuing immigrant status of his father, was terminated upon the father's death prior to respondent's admission, notwithstanding he lacked knowledge of such death and notwithstanding the approval of the father's visa petition had not been revoked. Hence, respondent is deportable because he was not of the status specified in his visa and was not in possession of a valid immigrant visa at entry.

CHARGES:

Order: Act of 1952 — 6DSection 241(a)(1) [8 U.S.C. 1251(a)(1)] — Excludable at time of entry — not of status specified in immigrant visa under section 203(a)(9) [8 U.S.C. 1153(a)(9)]

Section 241(a)(1) [8 U.S.C. 1251(a)(1)] — Excludable at time of entry (section 212(a)(20)) — Immigrant, not in possession of a valid immigrant visa

ON BEHALF OF RESPONDENT: David Carliner, Esquire, Pennsylvania Building, Washington, D.C. 20004.

A.W. Hargreaves, Esquire, 30 Hotaling Place San Francisco, California 94111 (Counsel of record).

ON BEHALF OF SERVICE: Irving A. Appleman, Appellate Trial Attorney.

This is an appeal from a decision of a special inquiry officer dated October 29, 1971, finding the respondent deportable on the charges in the order to show cause. He was granted voluntary departure. The appeal will be dismissed.

The respondent, his father and a brother, all natives and citizens of Pakistan, obtained immigrant visas from the American Consulate General at Lahore, Pakistan on January 29, 1971. Respondent's father obtained an immigrant visa (P5-1) under the provisions of section 203(a)(5) of the Immigration and Nationality Act as the brother of a United States citizen. Respondent and his brother obtained immigrant visas (P5-3's) under the provisions of section 203(a)(9) of the Act as alien children accompanying or following to join a parent who had been issued a fifth preference immigrant visa. Respondent's father and his brother were issued visas valid for four months but respondent was issued a visa valid for only one month because he was eligible to enter the United States only if he arrived on or before March 8, 1971, his twenty-first birthday. He left Pakistan on February 26, 1971 and was admitted to the United States as a permanent resident at New York, New York on March 1, 1971. He was then in possession of the P5-3 immigrant visa. His father had died in Pakistan on February 9, 1971 and respondent did not know of the death until after his admission to the United States.

Counsel for respondent contends that because the father's visa petition had not been...