Matter of Santana
| Decision Date | 15 August 1969 |
| Docket Number | Interim Decision Number 1999,A-14884798 |
| Citation | 13 I&N Dec. 362 |
| Parties | MATTER OF SANTANA In Deportation Proceedings |
| Court | U.S. DOJ Board of Immigration Appeals |
The case is before us on appeal from a special inquiry officer's order of June 6, 1968, granting the respondent the privilege of voluntary departure, but providing for her deportation from the United States to the Dominican Republic, on the charge contained in the order to show cause, in the event of her failure to so depart. The special inquiry officer's decision will be affirmed and the appeal dismissed.
The record relates to a 34-year-old female alien, a native and citizen of the Dominican Republic, who last entered the United States on May 17, 1967. She was then admitted for permanent residence upon presentation of an immigrant visa supported by a certification from the Secretary of Labor. The latter document showed that she was destined to a Mr. Alfredo Colon, Uniondale, New York, for employment as a "sleep-in" maid. However, she did not take up that employment until May 25, 1968, which was more than a year following her last entry, and was also after deportation proceedings had been instituted against her and two hearings held therein.
The respondent and her husband, who is apparently in the United States illegally, originally came to this country as temporary visitors in 1964. They remained in Puerto Rico for more than a year thereafter, and then proceeded to New York in about August of 1966. The respondent then obtained employment as a linking machine operator for Circle Jewelry Products, Inc., 148 West 124th Street, New York, and continued in that employment until December of 1966. In January of 1967, after having made arrangements with Mrs. Colon for employment as a domestic, she returned to the Dominican Republic, while her husband remained in this country.
Immediately following her last entry, the respondent proceeded directly to the residence of her husband and remained with him the rest of that day and night. The following day, she proceeded to Circle Jewelry Products, Inc., where she had previously worked, allegedly only to give presents from the Dominican Republic to her former colleagues, but with the result that she resumed her former employment. She retained this employment until after the institution of these deportation proceedings. She claims however that at the time she obtained her immigrant visa, her labor certification, and her last entry, she intended to work as a domestic for Mr. & Mrs. Colon.
Section 212(a)(14) of the Immigration and Nationality Act provides that, with stated exceptions not here applicable, an alien shall be ineligible to receive a visa and/or for admission into the United States unless in possession of a certification by the Secretary of Labor. 29 CFR 60.5 provides generally that the requisite labor certification is invalid if the representations upon which it is based are incorrect. Insofar as this particular case is concerned, the regulation limited the application of the labor certification to the position described in the job offer submitted in behalf of the respondent.
Focusing upon the moment of this respondent's admission, as we must since she is charged with deportability under section 241(a)(1) of the...
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