Speech #900182843

Speaker. I feel it is beneficial to the Members of the House to know under what statute and what procedure this resolution comes before the House. Section 244(a) (1) of the Immigration and Nationality Act. as amended by the act of October 24. 1962. has authorized the Attorney General. in his discretion. to suspend deportation and adjust the status to that of an alien lawfully admitted for permanent residence In the case of an alien who applies to the Attorney General for suspension of deportation. This category includes aliens deportable as public charges. as persons who have obtained visas by fraud or misrepresentation. smugglers of aliens. mental defectives. aliens who entered the United States without documentation. and aliens who failed to maintain their nonimmigrant status or otherwise violated the conditions of their admissions. To be eligible for suspension of deportation within this category the alien must meet three basic requirements: First. Continuous physical presence in the United States for a period of not less than 7 years immediately preceding the date of application. Second. During all of such period the alien was and is a person of good moral character. and Third. The alien is a person whose deportation would. in the opinion of the Attorney General. result in extreme hardship to the alien. or to his spouse. parent. or child. who is a citizen of the United States or an alien lawfully admitted for permanent residence. New information on five cases was given the subcommittee in executive session on November 29. This formed the basis for its reconsideration of its original decision to disapprove their applications for suspension of deportation on the grounds that they had been for the greater part of the minimum 7year period of physical presence in a legal or protected status. In four cases. the aliens are now immediately eligible for immigrant visas under the preferences of the act of 1965. and in the fifth case of Mr. Jew. travel documentation cannot be obtained to deport him to the mainland of China. In view of the recent availability of visas. the committee felt that both the aliens and the U.S. Government should be spared the effort. time. and expense that would be required should their permanent residence be denied by House Resolution 981. and they then would have to file visa petitions to obtain permanent resident status. In the case of Mr. Jew. since 1955 the Immigration and Naturalization Service has not been able to get approval documentation to deport Mr. Jew to Formosa. and because of the situation on mainland China. he cannot be deported there. In view of the fact that. as of this date. travel documentation still cannot be obtained. and in view also of his having resided in the United States for 48 years. having entered in 1919 at the age of 10. and in view of his having established a good moral character as determined by the Board of Immigration Appeals for a period since his release from prison in 1955. the committee considered that his application for suspension of deportation should now be approved. The Attorney General has already established his eligibility under the law. and in referring the case to Congress the Attorney General approved the granting of the suspension of deportation. Moreover. in point of fact. if Mr. Jew were applying for naturalization as a U.S. citizen today. based upon his present record. he would not be barred. having demonstrated good moral character over the past 5 years. Now when his application for suspension of deportation is granted. he will have 5 more years of good moral character from that day in total. and when he applies for citizenship in the future he will then have had to have demonstrated 12 years of good moral character.