Matter of Ngai, Interim Decision Number 2989
| Decision Date | 31 July 1984 |
| Docket Number | A-23118290.,Interim Decision Number 2989 |
| Citation | 19 I&N Dec. 245 |
| Parties | MATTER OF NGAI. In Proceedings for a Waiver of Grounds of Excludability. |
| Court | U.S. DOJ Board of Immigration Appeals |
The application was denied by the district director, Hong Kong, which decision has been appealed.
The applicant is a Chinese national born in 1927. She is an applicant for an immigrant visa based on an approved visa petition filed by her husband, a permanent resident of the United States. She has been found to be excludable from the United States pursuant to section 212(a)(9) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9) (1982), which provides, in part, for the exclusion of aliens who have been convicted of crimes involving moral turpitude. The applicant was found so excludable as a result of a 1974 conviction in Hong Kong of obtaining property by deception in that she was an accomplice to defrauding money from persons by promising to introduce them to United States citizens for the purpose of arranging marriages and immigration to the United States.
The applicant filed the instant application, seeking that this permanent bar to her admission be waived as provided in section 212(h) of the Act, which provides:
Any alien, who is excludable from the United States under paragraphs (9), (10), or (12) of this section, who (A) is the spouse or child, including a minor unmarried adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence . . . shall, if otherwise admissible, be issued a visa and admitted to the United States for permanent residence (1) if it shall be established to the satisfaction of the Attorney General that (A) the alien's exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, or son or daughter of such alien, and (B) the admission to the United States of such alien would not be contrary to the national welfare, safety or security of the United States; and (2) if the Attorney General, in his discretion, and pursuant to such terms, conditions, and procedures as he may by regulations prescribe, has consented to the alien's applying or reapplying for a visa and for admission to the United States.
In this application she cited the fact that her husband and three daughters were permanent residents in the United States while she has one son remaining with her. She asserted that the bar to her admission imposed a hardship on her husband due to the fact of their imposed separation and the financial strain of his having to maintain two households.
The district director denied this application,...
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