A-1425927.
Decided by Central Office, March 28, 1947.
Status — Treaty trader — Section 3 (6) of the Immigration Act of 1924 — Amendment of record of entry to show admission as returning resident.
The record of entry in 1927 of a Japanese may be amended to show admission as a returning resident, where he had been previously lawfully admitted for permanent residence and was returning from a visit abroad in possession of a reentry permit when he was admitted in 1927 as a treaty trader, under the provisions of section 3 (6) of the Immigration Act of 1924, a status he had then.
CHARGE:
Warrant: Act of 1924 — Remained after failing to maintain status of treaty merchant.
BEFORE THE CENTRAL OFFICE
Discussion: This case relates to a native citizen of Japan, 57 years of age, against whom a warrant of arrest in deportation proceedings issued on May 1, 1946 based on the above-designated charge. The record establishes that the respondent was admitted to the United States for permanent residence on October 8, 1907, at the port of Seattle, Wash., and he testified that he has resided in this country continuously since that time with the exception of two visits to Japan of a few months each in 1912 and 1926. Following his first visit to his native country he was readmitted to the United States on March 21, 1913 as an immigrant, but on his return from his second visit he was admitted on April 26, 1927 at Seattle, Wash., as a nonimmigrant treaty merchant under section 3 (6) of the Immigration Act of 1924. The respondent testified that before departing for Japan on October 22, 1926, he obtained a reentry permit but that he married while abroad and was advised at the American Consulate in Yokohama that in order to bring his wife to the United States, he should return as a treaty merchant.
There is no reason to question that the respondent was a bona fide treaty merchant at the time of his last entry but he admitted that the Nara Trading Company from which he purchased imported articles went out of business in 1933. In any event, "the abrogation in January 1940 of the trade treaty between Japan and the United States automatically terminated the respondent's status as a treaty merchant, and, having elected to last enter the United States as such, his right to remain in this country is dependent upon his maintaining that status ( Sugaya v. Haff, 78 F. 2d 989, C.C.A. 9th, 1935). If, however, the respondent was a bona fide immigrant at the time of his last entry, returning from a temporary visit abroad, the record of his entry may be corrected to show lawful admission as a returning resident; Matter of N----, A-3054671, June 9, 1944)."
The fact that the respondent obtained a reentry permit (No. 200709; application No. 214931) prior to his departure from the United States in 1926, is substantial evidence that he was leaving for a temporary absence only and intended to return to this country to resume his residence. This intention is further evidenced by the fact that he brought his bride back to the United States on his return and took the only means available to him to get her admitted for an indefinite period. These factors, coupled with the alien's continued residence in this country establishes to the satisfaction of this Service that he was a bona fide immigrant at the time of his entry on April 26, 1927.
The subject is the father of three United States born children, the oldest of whom by a former marriage is now working in Japan as an interpreter for the United States Army, and his elder son of his present marriage joined the United States Navy on July 8, 1946.
The subject's youngest child is attending high school. Nine United States citizens, including a mayor, a town supervisor, a minister, a surgeon, an under sheriff, an officer attached to the sheriff's office and three business men in Lake George, New York, who have known the respondent for long periods of time ranging up to 20 years testified in his behalf and urged that he be permitted to remain in the United States. The consensus of opinion among these witnesses was that the deportation of the respondent would constitute a distinct loss to his community and to the United States. His loyalty to this country is unquestioned and though a Presidential warrant issued against him in alien enemy proceedings on February 24, 1942, he was released by the United States Attorney on March 13, 1942.
In view of the respondent's 40 years residence in the United States, his close family ties in this country and his excellent record in the community in which he has resided for 20 years this Service is convinced that the alien's immigration status should be adjusted through an amendment to the record of his last entry.
Order: It is ordered that the record of the alien's entry at Seattle, Wash., on April 26, 1927, be amended to show admission as a returning resident.
It is further ordered, That these proceedings be terminated.