had a recurrence of his 1942 attack, even though he did not desert his ship but was brought into this country for reasons connected with the war, and even though he is most highly spoken of by his friends and employers, under the present state of statutory and case law we deem it inadvisable on the basis of established precedent to grant him discretionary relief.

It is necessary for us to refuse relief under that section for two additional reasons: (1) It has been our policy to refuse suspension to those persons who have managed to eke out seven years residence in the United States by failing to cooperate with the immigration officials. Respondent is such a person. He entered the United States on November 30, 1941. On May 19, 1946, he was granted voluntary departure and preexamination. In preexamination proceedings before a board of special inquiry he was found inadmissible on the ground that he had been certified as having had one or more attacks of insanity. On November 5, 1946, he was granted a 60-day extension of time within which to depart voluntarily and was notified that if he failed to depart, an order of deportation would be entered against him. On November 20, 1946, this Board affirmed that decision. At that time respondent had but five years residence in this country. He has acquired the additional two years to complete the necessary seven years residence. He has done so, however, by his failure to leave when he was given an opportunity to do so. Of his own volition he chose to remain in the United States, and the consequences of his choice are deportation.

(2) It has been the general policy of this Government to return to their native countries all aliens whose presence in the United States has been solely because of reasons connected with the war. Immigration procedures providing for adjustment of status in the United States have not been applied to their cases, except where such persons are married to American citizens who are dependent upon them for support. Respondent entered the United States on November 20, 1941, at New York as a member of the crew of the Finnish S.S. Kurikka. On December 7, 1941, that vessel was taken over by the United States Coast Guard, and respondent was delivered to Ellis Island. Respondent was not interned in an alien enemy camp, as were many alien seamen who were brought into the United States under similar circumstances and whose ships were commandeered for security purposes. He was permitted to remain in the United States and to work ashore. Otherwise, there is no distinction between his case and that of many other aliens who were required to leave the United States upon the termination of hostilities. In Matter of L A-5955999 (February 8, 1946), the Attorney General held (reversing this Board and sustaining the Commissioner) that an alien brought

into the United States because of reasons connected with the war would not be granted discretionary relief (with the exception noted above, not applicable here, which became part of departmental policy subsequent to the date of the L- case). Respondent's family ties are abroad. Therefore, the policy set forth above forbids grant of relief in this case.

Due to present political conditions in Finland respondent objects to returning to that country. We will permit him to depart under the warrant to any country of his choice within 30 days. This does not mean that he is again being given voluntary departure or that he is not considered to have been deported. It merely gives him the opportunity to make arrangements to go to some country other than Finland, if it is possible for him to do so.

Order: It is ordered that the motion to reconsider be denied.

It is further ordered, That the alien be permitted to depart from the United States, or ship foreign one way, without expense to the Government, to any country of his choice, within 30 days, on consent of surety, such departure to be verified and considered a satisfactory compliance with the terms of the warrant. Departure in accordance with the foregoing will be deemed sufficient to cancel the outstanding delivery bond.

It is further ordered, That if the alien does not effect his departure in accordance with the foregoing order, that he be deported to Finland at the expense of the Government of the United States.

Editor's note.-On June 28, 1950, the hearing was ordered reopened for further medical evidence regarding the attack of insanity, the outstanding order and warrant of deportation being withdrawn.

IN THE MATTER OF B

In DEPORTATION Proceedings

A-3087364

Decided by Central Office February 6, 1950
Decided by Board April 6, 1951

Motion by Central Office May 7, 1951

Decided by Board August 2, 1951

Decided by Acting Attorney General September 11, 1951

"Neutral alien," claiming exemption from service in the United States Armed Forces Ineligibility to United States citizenship-Section 3 (a) of the Selective Training and Service Act of 1940 (as amended)—Whether alien here in legal status of nonimmigrant is "residing" here within meaning of above act and regulations thereunder.

A neutral alien (Lebanon citizen), who came here as a visitor for business in 1939 and received extensions of stay covering the period of time he remained here (he departed September 22, 1945), filed DSS Form 301 (application for relief from military service here) on November 4, 1942. Under section 3 (a) of the Selective Training and Service Act of 1940 (as amended), and applicable regulations thereunder (see Executive Order 8545 of September 23, 1940) (F. R. 3786, September 25, 1940) he was found to be a "resident" within the meaning thereof, when he filed DSS Form 301 on November 4, 1942; consequently he was deemed to be ineligible to citizenship thereafter. (The Supreme Court decision of December 11, 1950, in McGrath v. Kristensen, 340 U. S. 162, was discussed.)

CHARGE:

Warrant: Act of 1924-Remained longer-Visitor.

BEFORE THE CENTRAL OFFICE

(February 6, 1950)

Discussion: Upon consideration of the entire record, the findings of fact and conclusions of law proposed by the Presiding Inspector and served upon the alien's attorney on November 15, 1949, are hereby adopted. The alien's attorney took exception as to the proposed conclusion of law as to discretionary relief and the proposed order of deportation.

The record relates to a 34-year-old married male, who last entered the United States on September 7, 1946, at the port of New York, N. Y., as a visitor for 6 months. He made application for extension of his temporary stay which was denied and he was informed that he should effect his departure from the United States on or before September 3, 1947. He first entered the United States on August 18, 1939, as a visitor and received extensions of his temporary stay until January 1, 1946. He departed from the United States on September 22, 1945.

The record discloses that the respondent was legally married to a native-born United States citizen on October 11, 1946. They have no children. According to the record the respondent has been in business for himself as an exporter. The respondent's wife has been employed as his secretary earning $45 a week since the latter part of May 1949 and prior thereto she was earning $55 a week.

The respondent's wife filed a petition for the issuance of an immigration visa in his behalf. The petition was denied for the reason that on November 4, 1942, the respondent filed an application for an exemption from military service as provided for under section 3 (a) of the Selective Training and Service Act of 1940, as a citizen of Lebanon, Syria, which was then regarded as a neutral country. The filing of this application for exemption from military service made the respondent ineligible for United States citizenship. He was, therefore, inadmissible to this country for permanent residence under section 13 (c) of the Immigration Act of 1924. Section 19 (c) (2) of the Immigration Act of 1917, as amended, which authorizes the Attorney General to suspend deportation, provides in part that such suspension may take place if the

deportable alien is not racially inadmissible or ineligible to naturalization in the United States * *

Since, by the express provisions of section 3 (a) of the Selective Training and Service Act, one who has filed DSS Form 301 is ineligible to citizenship and naturalization, it follows that suspension of deportation will not be permitted. Accordingly, his application for suspension of deportation will be denied.

Recommendation: It is recommended that application for suspension of deportation be denied.

It is further recommended, That the alien be deported to Lebanon, at Government expense, on the charge stated in the warrant of arrest.

BEFORE THE BOARD

(April 6, 1951)

Discussion: On February 6, 1950, the Assistant Commissioner entered an order directing the subject alien's deportation on the above

stated charge and denied his application for suspension of deportation. The case came before us on appeal, and on April 7, 1950, we ordered action deferred pending determination by the Supreme Court on a petition for certiorari in the case of Kristensen v. McGrath, 179 F. (2d) 796 (December 19, 1949). The case is now before us for further action. Decision was entered by the Supreme Court in the Kristensen case (supra), on December 11, 1950, 340 U. S. 162.

The respondent is 36 years of age, a native and citizen of Lebanon, married, male. He first arrived in this country on August 18, 1939, and was admitted for 60 days as a visitor. He was granted several extensions of stay, the last of which expired January 1, 1946. He voluntarily departed from the United States on September 22, 1945. The respondent last entered the United States on September 7, 1946, as a passenger on the S. S. Athos II and was admitted as a temporary visitor for 6 months. He was denied extensions of temporary stay. A warrant was issued for his arrest in the present proceedings on June 24, 1948, and hearings were held on July 19, 1949.

The respondent was married on October 11, 1946, to R- GD——, a citizen of the United States. The record satisfactorily establishes the good moral character of respondent. He has no criminal record; and character investigations conducted in 1949 are favorable to him. When the case was last before us, respondent's wife was employed by him at a weekly salary of $45. No finding was made by the examining officer as to whether the deportation of the respondent would result in serious economic detriment to his wife.

On November 4, 1942, when respondent was in the United States as a temporary visitor, he filed an application for exemption from military service under section 3 (a) of the Selective Training and Service Act of 1940, as a citizen of Lebanon, Syria, which, at that time, was regarded as a neutral country. The Service on February 6, 1950, denied the respondent's application for suspension of deportation for the reason that by filing DSS Form 301 the respondent was ineligible to United States citizenship and naturalization, and consequently suspension of his deportation could not be granted. This Board, on February 20, 1947, affirmed a decision of the Commissioner denying a petition of respondent's wife for issuance of an immigration visa in his behalf for the reason that respondent had applied for exemption from military service, and was therefore inadmissible for permanent residence.

Upon consideration in light of a decision of the Supreme Court of December 11, 1950, in McGrath v. Kristensen, it is our conclusion that respondent is not now within a category of those ineligible for citizenship. From the time of his entry in 1939 until his departure in 1945 respondent was in the status of a bona fide visitor and he left the