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will be working in the department of bacteriology at the University of California as a research bacteriologist. Therefore, the term “mother's helper” would include those duties normally performed by a housewife and mother of children. These familial duties are not temporary in nature but persist and continue so long as a family unit exists. Since it is the nature of the position which determines whether the job is temporary and not the personal need in an individual case, the duties of “mother's helper” cannot be considered temporary within the meaning of section 101 (a) (15) (H) (ii) or section 214 of the Immigration and Nationality Act, supra.
Accordingly, it is concluded that the District Director correctly denied this petition and the appeal must be dismissed.
ORDER: It is ordered that the appeal from the denial of the petition by the District Director be and is hereby dismissed.
MATTER OF FRANKLIN PIERCE COLLEGE
Petition for APPROVAL OF SCHOOL
Decided by Regional Commissioner January 30, 1964
(1) Approval of an established institution of learning for attendance by non
immigrant students under section 101(a) (15) (F), Immigration and Nationality Act, requires, among other things, a finding that the school is a bona fide institution of learning, possesses the necessary facilities and is otherwise qualified for the instruction of students in recognized courses, and confers upon its graduates recognized degree or its credits are recognized by, and transferable to, an institution which does confer such a degree. (2) Petitioning liberal arts college is denied approval for attendance by nonimmigrant students because library and recreational facilities are inadequate ; no evidence has been submitted that the credits earned by the students at the institution would be recognized by, or transferable to, other schools ; no evidence has been submitted of reputation of the college as an educational institution in the community; no evidence has been submitted of assured sources of funds or of financial stability of institution, and the U.S. Office of Education, after consultation, recommended denial of the petition.
This is an appeal from the decision of the District Director who denied the petition to approve Franklin Pierce College at Rindge, New Hampshire, for the attendance of nonimmigrant alien students.
The petition and supporting documents indicate that the institution is a nonprofit organization chartered in November 1962 by the State of New Hampshire and operated by a board of trustees. The physical plant comprises six buildings with dormitory, classrooms and other facilities. The college has no library and uses the facilities of the Ingalls Memorial Library at Rindge. The institution has been planned to operate as a co-educational liberal arts college which will confer upon its graduates the degree of bachelor of arts. It commenced operation in September 1963, has an enrollment of about ninety students, a faculty of eleven instructors, and presently is offering courses at the freshman level only.
Approval of a petition of this type requires, among other things, a finding that the school is a bona fide institution of learning, possesses the necessary facilities and is otherwise qualified for the instruction of students in recognized courses and confers upon its graduates a recognized degree or its credits are recognized by and transferable to an institution which does confer such a degree. In reaching a decision, the Service is required by section 101(a) (15) (F) of the Immigration and Nationality Act to consult with the Office of Education of the United States. In this case, the Office of Education, after reviewing the information submitted with the petition and the information obtained through Service inquiry, has recommended that the petition not be approved.
We have carefully examined the record in this case including the information submitted in support of the appeal. As pointed out by the District Director in his decision, the record contains no evidence of the reputation of the college as an educational institution in the community, and the library and recreational facilities do not appear to be adequate for an institution of this type. Additionally, no evidence has been submitted that the credits earned by students at the institution would be recognized or transferable to other schools. Further, the material submitted in support of the institution's financial stability does not contain any documentary evidence of financial stability and no evidence is given of assured sources of funds. We find the recommendation of the Office of Education that the petition be denied to be persuasive. In our opinion, the petitioner has failed to satisfactorily establish that, in its present state of development, the college can be considered as having met the requirements of the statute. The appeal will be dismissed.
ORDER: It is ordered that the appeal be and the same is hereby dismissed.
MATTER OF ESPOSITO
In SECTION 223 Proceedings
Decided by Regional Commissioner April 15, 1964
An alien who unlawfully entered this country and remained here in an illegal
status is ineligible for a permit to reenter the United States under section 223, Immigration and Nationality Act, since he has not been lawfully admitted to the United States for permanent residence.
This case is here for consideration of the appeal from the denial of the application for a permit to reenter the United States as provided in section 223 of the Immigration and Nationality Act. The District Director, Cleveland, Ohio, denied the application on March 13, 1964, for the reason that the applicant is ineligible for the issuance of a permit to reenter the United States because he has not been lawfully admitted to the United States for permanent residence.
Applicant is a 66-year-old married native and citizen of Italy. This application was filed on September 27, 1963, with the District Director, Cleveland, Ohio, and he subsequently departed from the United States to Italy on October 26, 1963, to join his wife there. He has presented in support of his application a notarized statement in which he admits that he entered the United States unlawfully as a crewman in August, 1962. In that statement he specified that his entry occurred at Niagara Falls, New York, but in a subsequent letter to the District Director he advised that his entry actually occurred at Norfolk, Virginia, where he deserted his vessel on August 31, 1926. In support of his statements concerning his entry into this country, applicant has also submitted an official document from the Captain of the Port, Port of Catania, Italy, which corroborates the applicant's statements concerning his unlawful entry into the United States as a deserting crewman. Applicant has stated further that when he registered under the Alien Registration Act of 1940 and when he applied for a certificate of identification as an enemy alien in 1942, he assumed the identity of a person named Francesco Borsa, since he was afraid to reveal his true identity.
It is clear on the record that the applicant unlawfully entered the United States and remained here for many years in an illegal status. Having not been lawfully admitted to the United States for permanent residence, he is not eligible for a permit to reenter this country as a returning resident and the application was properly denied. The decision of the District Director will, therefore, be affirmed and the appeal will be dismissed.
ORDER: The decision of the District Director, Cleveland, Ohio, is affirmed and the appeal of the appellant is dismissed.