pursuing a full course of study in the United States. Because of the foregoing factors and as a matter of discretion exercised in the best interests of maintaining proper compliance with the intent of the law and control of nonimmigrant students, the following order is issued. ORDER: It is ordered that the application for permission to transfer to the Day School for Immigrants be denied. MATTER OF CINTIOLI In Visa Petition Proceedings A-12555258 Decided by District Director January 14, 1965 Petition to accord beneficiary first preference classification under section 203 (a) (1), Immigration and Nationality Act, as amended, as an accordion maker, is denied since it has not been established that he possesses the specialized experience, as set forth in the clearance order, to make an entire Italian-type accordion by hand; to design, model and repair all types of accordions; and has 5 years' experience on Italian and other type accordions. Discussion: The petitioner, Nunzio Music Center, 401 Franklin Avenue, Nutley, New Jersey, is engaged in the sale and repair of accordions, guitars and other musical instruments, and provides instructions in musical instruments. The petitioner maintains a laboratory in Montclair, New Jersey where electronic pick-ups and amplifiers are manufactured and adapted to accordions, guitars and organs. The business, established in 1946, has gross annual sales of $65,000, and employs a total of six persons including four musical instructors, one salesman and one engineer. The petitioner is petitioning for the services of the beneficiary as an accordion maker. The duties of the position are described in the clearance order as follows: "Makes entire Italian type accordion by hand. Makes bellows and sets reeds in block. Designs, models and repairs all types of accordions. Also builds box section." The clearance order further specifies that the position requires a person who has five years experience on Italian and other type accordion and is literate. The sole document presented to establish the beneficiary's qualification is an affidavit from the beneficiary's father and three uncles, the Cintioli Brothers, who are manufacturers of accordians and reeds in Castelfidardo, Italy. The affidavit states that the beneficiary became apprenticed to the firm as a child and he learned the manufacturing phase of the business in two or three years working during summer vacations and when not attending school and that he was a journeyman for about seven years prior to his departure to the United States in 1960. He is experienced in all phases of the construction and assembling of parts of accordions, design of equipment and tuning of instrument. The petitioner was interviewed by an officer of this Service on December 8, 1964 and testified that he does not manufacture accordions but purchases them locally or imports them because it is cheaper. He advised that he primarily required the services of the beneficiary to engage in research work on remote wireless control amplifiers and the adaptation of electronic equipment to accordions. The beneficiary is an unmarried, 23 year old native and citizen of Italy presently in the United States. He testified on December 8, 1964 that he only worked in the family's factory during summer vacations and when not attending school from 1948 to 1960; that he was never on the payroll; and that accordions were produced on assembly line and no one in the plant made the entire instrument. He graduated from high school in 1959; studied in England for four months during 1960 and was admitted to the United States as a nonimmigrant visitor on December 11, 1960. He received an associate in technology degree from the Technical Institute of Temple University, Philadelphia, Pennsylvania on February 13, 1964 after completion of a three-year course in electronics. Since that date he has been engaged as personal United States representative for the firm of Cintioli Brothers. He has not been employed by the petitioner. In view of the foregoing, the petition must be denied since the beneficiary will not be performing the duties specified in the clearance order. Further, it has not been established that the beneficiary possesses the specialized experience as an accordion maker as contemplated by the statute. ORDER: It is ordered that the petition to classify status of alien as first preference quota immigrant be, and the same is hereby denied. MATTER OF BRESNAHAN Application for Border Crossing Card A-10046833 Decided by District Director January 7, 1965 A citizen and resident of Canada who has reason to cross the border frequently as a nonimmigrant for short periods of time, is not a member of any of the excludable classes of aliens, intends to continue to be a resident and citizen of Canada, and desires a nonresident alien border crossing card solely for the purpose of facilitating entries as a nonimmigrant is eligible for the issuance thereof pursuant to 8 CFR 212.6(b). The applicant is a citizen and resident of Canada, born on March 15, 1915, at Little Ridge, New Brunswick, Canada. She is married to Daniel Bresnahan, also a Canadian citizen. There are two daughters and two sons by this marriage. Mr. and Mrs. Bresnahan and children reside at 85 Queen Street, Milltown, New Brunswick, Canada. Checks conducted by the Service of various government agencies failed to reveal any derogatory information concerning the appli cant. Subject in her sworn testimony has stated that as a resident of Canada, residing in St. Stephen, New Brunswick, immediately across from the City of Calais, Maine, she has reason to cross the border frequently as a nonimmigrant for short periods of time; that it is her intention to continue to be a resident and citizen of Canada; that she desires a nonresident alien border crossing card solely for the purpose of facilitating entries as a nonimmigrant. It has been determined that the applicant is not a member of any of the classes of aliens who are excludable from admission into the United States under the law. The applicant has established eligibility for a nonresident border crossing card. ORDER: It is ordered that subject's application be granted and that she be issued a nonresident alien border crossing card, Form I-185, subject to revocation at any time. MATTER OF CHIN In Section 206 Proceedings A-13744336 Decided by District Director August 31, 1964 It having been established petitioner is not a United States citizen, approval of the visa petition to accord his wife nonquota status is revoked since petitioner, following notification by the Service of intent to revoke the approval, pursuant to 8 CFR 206.3, failed to avail himself of the opportunity afforded him to offer evidence in opposition thereto. Discussion: The petitioner under the name of Chin Tun Joe filed a visa petition on October 29, 1963 to accord Yee Mon Yue nonquota immigrant status as the wife of a United States citizen. The petition was approved by the District Director of Immigration and Naturalization, Boston, Massachusetts on December 13, 1963 and forwarded to the Secretary of State for transmittal to the American Consul in Hong Kong. On July 1, 1964 the petitioner appeared before an officer of this Service at Boston, Massachusetts and admitted that his true name was Chin Bak Koon and that he was a citizen of China and not of the United States; that his original entry into the United States at Boston, Massachusetts on August 22, 1961 as a United States citizen was fraudulent. It has been established that the petitioner is not a United States citizen and, therefore, not entitled to accord his spouse the nonquota immigrant status given by this Service on December 13, 1963. In accordance with the provisions of 8 CFR 206.3 a notice of intent to revoke the approval of this visa petition was forwarded, to the petitioner on July 29, 1964 and he was permitted fifteen days from the date of mailing within which to submit written objections to the proposed revocation of the approval of the visa petition. The petitioner failed to avail himself of this opportunity to submit any objections. ORDER: On the basis of the foregoing it is ordered that the approval of the visa petition be revoked. |