after the alien had departed since it was subscribed and sworn to on February 20, 1964 in Naples, Italy. Under the circumstances, the District Director had no alternative but to deny the application as the applicant is by statute and regulation ineligible to receive a reentry permit. Accordingly, the decision of the District Director will be affirmed, and the appeal dismissed. ORDER: The decision of the District Director, Miami, Florida is affirmed, and the appeal of the appellant is dismissed. MATTER OF WOLFE In SECTION 245 Procedings A-11149323 Decided by Acting Regional Commissioner June 23, 1964 Adjustment of status under section 245, Immigration and Nationality Act, as amended, is denied in the exercise of discretion to an Iranian student whose education in this country was financed by the Iranian government and who is committed to return to Iran and work for the government since, in the opinion of the Department of State, such adjustment may adversely affect the relations between the governments of the United States and Iran in the absence of evidence that applicant has made firm plans to return to Iran at a specific future date or has made mutually satisfactory arrangements for repaying the Iranian government. This case is on certification from the decision of the District Director denying the application on the ground that adjustment of her status to that of a permanent resident may adversely affect our relations with Iran. The applicant is a twenty-seven-year-old female, native and citizen. of Iran, who was last admitted to the United States at New York, New York on September 2, 1961, as a student pursuant to section 101 (a) (15) (F) of the Immigration and Nationality Act. She first entered the United States on June 20, 1958, as a student and remained until June 1960. She was again admitted to the United States as a student on September 10, 1960, and remained until June 1961. The applicant's education was financed by the Iranian Government and she received $160 monthly from the Iranian Ministry of Education between September 1958 and June 1962. She signed a commitment to return and work for the government for the same period of time that she had spent in the United States. In the brief submitted by the applicant's United States citizen husband, he stated that they had received a statement from the Iranian Government informing the applicant that she owed them $10,380. The Secretary of State, through his designated representative, has made the following statement: "Mrs. Wolfe's case appears to be one in which the adjustment of status to permanent resident would cause the Iranian Government to feel that its interests had not been taken into account. Therefore, the Department suggests that before Mrs. Wolfe's status is changed, the Service require that she show evidence that she has made firm plans to return to Iran at a specific future date or that she has reached a mutually satisfactory arrangement with the Iranian authorities for repaying the Iranian Government at least some of the money it has invested in her education". While the applicant's husband stated his willingness to repay the money, he has not presented any evidence of satisfactory arrangements with the Iranian Government. The present facts in this case do not warrant favorable exercise of the Attorney General's discretion. When and if the applicant makes satisfactory arrangements with the Iranian authorities to repay the money and obtains a release from her commitment, favorable action could be considered. ORDER: It is ordered that the order entered by the District Director on May 25, 1964, be affirmed. MATTER OF LIM In SECTION 245 Proceedings A-12975895 Decided by Regional Commissioner January 23, 1963 An alien who entered this country as a member of the United States Coast Guard is statutorily ineligible for adjustment of status under section 245, Immigration and Nationality Act, as amended, because he was not inspected, admitted, or paroled into the United States. This case has been certified to me by the District Director at Portland, Oregon, for review of his decision denying the application under section 245 of the I. & N. Act, as amended. The record relates to a 23-year-old male, native and citizen of the Philippines. He is presently married to a United States citizen and a petition according him nonquota status under section 101 (a) (27) (A) of the Immigration and Nationality Act was approved June 26, 1962. He last arrived in the United States on February 18, 1959, as a member of the United States Coast Guard on the USNS "General Barret". On the occasion of this arrival, he was not inspected by an Immigration officer. The record does not disclose any prior entries where the applicant was inspected and admitted or paroled into the United States. On June 22, 1959, he appeared at the Service office in San Francisco, California, and was registered and fingerprinted as an alien and was issued Form I-94 as evidence thereof. His enlistment in the United States Coast Guard expires on June 22, 1963. One of the requisites for adjustment of status to that of a permanent resident is that the applicant be inspected and admitted or paroled into the United States. The applicant has not met this requirement. Accordingly, the application must be denied and the decision of the District Director is proper. ORDER: It is ordered that the application be and the same is hereby denied. MATTER OF CONTOPOULOS In VISA PETITION Proceedings SFR-N-3506 Decided by Acting Regional Commissioner February 11, 1964 Permanent nature of position of "governess, mother's helper" precludes granting beneficiary nonimmigrant status as a temporary worker under section 101 (a) (15) (H) (ii), Immigration and Nationality Act, even though intended duration of employment would be limited to 2 years. This case is before me on appeal from the District Director's denial of the petition for the following reasons: "In order for the beneficiary to be classified as nonimmigrant temporary worker, the position to be filled must be temporary. The United States Employment clearance order describes the opening as permanent. Your desire to employ the beneficiary for two to three years does not alter the permanent character of the position." The appellant petitions for an alien to perform temporary service or labor and to perform duties which are themselves temporary in nature. The descriptive job title of the work to be performed if admitted was shown in the application as Governess, Mother's Helper. A clearance certificate from the State of California, Department of Employment Service on Form ES-560 was submitted. The occupational title of Governess, Mother's Helper, is shown with respective codes of G-32.98 and 2-07.03. A permanent job was indicated and the rate of pay was $200.00 per month plus room and board. The job summary indicates that the person to be employed was to "teach Greek language to young childern and act as mother's helper. Three children ages 10, 8, and 21⁄2 years." The education and experience requirements are shown as: "Prefer with diploma from Greek high school. Must be able to read, write and speak Greek. Pleasant personality. Be able to perform duties of mother's helper." It is stamped as of June 26, 1963, by the U.S. Employment Service, Bureau of Employment Security, by Mr. Louis Levine, Director, to show that qualified workers as described in this Form ES-560 are not available within the |