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Counsel has argued that if the "requirements are met in any degree, the petition should be granted." We do not agree. The tasks to be performed must be of a degree of complexity or difficulty that only a person with a high education, technical training, exceptional ability or specialized experience could, because of these qualifications, proficiently perform the duties. The duties performed by the beneficiary are duties ordinarily performed by good ranch hands or herdsmen and do not meet first preference standards. The appeal must be dismissed and the decision of the District Director to deny the application be affirmed.

ORDER: It is ordered that the appeal be dismissed and the decision of the District Director to deny the application be affirmed.

MATTER OF LEWIS

Application for PERMISSION TO REAPPLY

A-11341677

Decided by Acting Regional Commissioner March 23, 1964

Because of his past convictions and deportations for illegal entry upon a false claim of U.S. citizenship, applicant is denied permission to reapply for admission, pursuant to section 212(a)(17), Immigration and Nationality Act, in the exercise of discretion since his temporary admission under the provisions of section 212 (d) (3) of the Act may be considered in connection with an application to a United States consul for a nonimmigrant visa should a pressing need for medical treatment for himself or some other member of his family require him to come to the United States at some future time.

The case is on appeal from the denial of the application by the District Director at Chicago. The District Director denied the application on the ground that the applicant's past immigration record does not warrant favorable exercise of the discretion to grant the application.

The applicant, 37 years old, married, a native and citizen of British Honduras, who was deported from the United States on October 1, 1957, desires to reenter the United States as a visitor. On appeal, he states that he would like to know that if sickness should occur in his family or among his wife and children, he would be in a position to bring them to the United States for any sort of medical treatment not available in his country.

The applicant first entered the United States on July 31, 1944 as an agricultural worker. He was reported on October 15, 1946 to be absent without leave from the Department of Agriculture Holding Center. He was apprehended on the same day and he departed voluntarily to British Honduras under safeguards on November 1, 1946.

On October 14, 1956 the applicant entered the United States at San Ysidro, California without inspection by claiming to be a United States citizen. He was apprehended on September 4, 1957. He was convicted in the United States District Court, San Diego, California

on September 23, 1957 for entering the United States in that unlawful manner. He was sentenced to imprisonment for four months but execution of the sentence was suspended and he was placed on probation for five years on condition that he remain outside the United States. He was deported from the United States on October 1, 1957. The record shows that he entered the United States on October 14, 1956 to seek employment and to reside.

On July 4, 1960 he arrived at the port of San Ysidro, California and attempted to enter the United States again by claiming to be a United States citizen. He was paroled into the United States for prosecution. He was convicted in the United States District Court, San Diego, California on July 18, 1960 of illegally attempting to enter the United States after deportation. He was sentenced to imprisonment for two months for that offense. He was committed at the same time for an additional four months for the crime of which he had been convicted on September 23, 1957, and for which he had been placed on probation. He was given a hearing in exclusion proceedings on November 16, 1960 and was ordered excluded and deported as an immigrant without a visa. The record shows that he attempted to enter the United States on July 4, 1960 for the purpose of working in this country in order to support his wife and children who were residing in British Honduras, and he was deported on December 17, 1960 pursuant to the exclusion order.

On July 27, 1962 he arrived at the port of New Orleans with a visitor's visa and was paroled into the United States for a hearing before a special inquiry officer. He was instructed to report to the New Orleans office on July 30, 1962 and then to the Chicago office on or before August 6, 1962. After a sworn statement was taken from him in Chicago on August 6, 1962, he was released pending further notice to appear for a hearing. The notice sent to him on August 21, 1962 to appear for a hearing on August 28, 1962 was returned undelivered since he was not known at the address he gave. After an extensive investigation to locate him, his departure to British Honduras on December 18, 1963 was verified.

We agree with the District Director's decision to deny the application. Should a pressing need for medical treatment for himself or some other member of his family require him to come to the United States temporarily at some future time, the matter of authorizing his temporary admission under the provisions of section 212(d) (3) of the Immigration and Nationality Act may be considered in connection with his application to a United States consul for a nonimmigrant visa.

ORDER: It is ordered that the appeal be and the same is hereby dismissed.

MATTER OF GUIA

In SECTION 248 Proceedings

A-11893173

Decided by Regional Commissioner July 1, 1964

A nonimmigrant student is ineligible for a change of nonimmigrant status under section 248, Immigration and Nationality Act, to that of an industrial trainee in the absence of an approved petition according her status as an industrial trainee.

This matter is before the Regional Commissioner on appeal from the decision of the District Director at New York, New York, who has denied this application for change of status on the ground that the visa petition in which the applicant was named as the beneficiary has not been approved and that the status for which she is applying is not available to her in the absence of the approval of such a petition. The applicant is a 25-year-old single female citizen of the Philippines, who was born on December 20, 1938, at Manila. She was admitted to the United States at Hawaii on April 14, 1960, as a student and has been in the United States since that date as a student at the Philadelphia College of Pharmacy and Science and the Sloan-Kettering Institute for Cancer Research for periods of employment for practical training. On April 6, 1964, the Sloan-Kettering Institute for Cancer Research submitted a petition in which it requested that the status of an industrial trainee be approved for the applicant. A careful examination of the petition and the supporting information accompanying the petition revealed the training program would be employment in the continuing research activities of the petitioning concern and that for this reason this petition cannot be approved. In the absence of an approved petition which would accord the applicant the status of an industrial trainee a change in the applicant's status to that which has been requested cannot be granted.

ORDER: It is ordered that this appeal be and the same is hereby dismissed.

MATTER OF SCHONFELD

In SECTION 223 Proceedings

A-11870415-6

Decided by Acting Regional Commissioner May 26, 1964

Applicants who do not have, and have never established, an actual residence in this country having been physically present in the United States less than 2 months during a 4-year period following their admission for permanent residence in April 1960 are ineligible for permits to reenter the United States under section 223, Immigration and Nationality Act, since their proposed departure is not temporary within the meaning of the statute.

The District Director, Miami, Florida, has denied these applications on the basis that further residence abroad could not be con

sidered temporary. Appeal has been taken to the Regional

Commissioner.

The applicants are a 40-year-old married alien and her 14-year-old son. Both entered the United States at Miami, Florida, on April 3, 1960, with immigrant visas issued at Caracas, Venezuela, charging them against the Czechoslovakian quota. Both were of Israeli nationality.

On April 22, 1960, within three weeks of their admission, both filed Applications for Permits to Reenter the United States, showing departure date of April 26, 1960, the reason being for the mother to liquidate a business. Permits were granted to May 4, 1961. On April 5, 1961, both applied for extensions which were granted to May 4, 1962. On April 14, 1962, both returned to the United States at the port of New Orleans, Louisiana. On April 17, 1962, three days after their return, both again filed Applications for Permits to Reenter the United States, showing proposed departure date as April 21, 1962, which were granted to April 17, 1963. On March 11, 1963, extensions were applied for and granted to April 19, 1964. Both returned to the United States and were admitted at Miami, Florida, on March 21, 1964. On March 23, 1964, two days after this last return, they again filed Applications for Permits to Reenter the United States, showing their proposed departure as March 29, 1964. The District Director at Miami, Florida,

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