Interim Decision 401491

Interim Decision 401491

MATrER OF MANION

In Sectioi 223. Proceedings

-•

A-11469109

Decided by District Director June 24, 1907

An applicant for d.reentry penult pursnahf to section 223, Immigration and

Nationality Act, is eligible therefor since be has nut abandoned his residence

in the United States where his absence from this country since his entry for

permanent residence in January 1959 has been in the employ of an Ameyietni

firm; at the time of admission. he was accompanied by his family which lie

established and has maintained here since entry; one !inn has petitioned for

citizenship and the other plans to do so;, applicant has returned from time

to time to be with his family; and when. his employment permits be plans

to remain in the United States and acipiire citizenship.

Applicant is a native of Dublin, Ireland, born August 21, 1915,

who resided in Nairobi, Kenya, prior to entry to United States . for

permanent residence on January 15, 1959, at New York, New York.

The immigrant visa shows that he was divorced at the time of the

visa issuance; that his two children, Alden Douglas Manion and

Earl Russell Manion accompanied him to the United States; that

he was destined 'to Mrs. E. Dargen, 693 Borth Pearl Street, Albany,

New York; that his home country was then Dublin, Ireland; that

he traveled on South African passport No. N 344-1; and that his

occupation was regional manager. The visa contains an affidavit

of support submitted by Eileen Dargan (nee Manion) of the above

Albany address, in which she identifies herself as the sister of applicant and states that her brother is employed as regional manager

by a South African firm which is a --wholly owned subsidiary of .an

Americait firm; that her brother's work will require that he . be

absent from the United States; and that while her brother is away

1'113111 the United States; she will provide a' home for and supervise

the education of the children, Aldei. and Earl Manion.

On January 19, 1959, applicant applied for a reentry permit. The

application shows his home address as 693 North Pearl Street,.

261

Interim Decision #1491

Albany, New York, and states that he will be absent in Kenya

and Nigeria on. busine,si for a possible period in excess of twelve

months. His occupation is shown as regional manager, East Africa,

and his employer as Starling Drug, Inc.,1450 Broadway, New York,

New York. In this application, applicant stated. that upon his.

return from abroad he expected to "return to home office and business" and that he expected to depart on January 22, 1959. A. permit

was issued on March 6, 1959, valid to March 6, 1960, and was delivered to applicant abroad" through the American Consul in Nairobi, Kenya.

Applicant applied for further reentry permits on December 21,

1959, January 10, 1961, February 7, 1962, and April 15, 1963. Each

of these applications shows his employer as the same American firm

by which he was employed prior to entry to United States for

permanent residence. A permit was issued in each case.

On April 30, 1965, applicant mak'taie application now under

consideration. The application Shows that his address is % 845.

Jay Street, Albany; that he expected to depart from United State

on May 6, 1965, for• a period of twelve months to return to his

duties as general 'manager for Sterling Drug International in Central Africa; that his present occupation is general manager; 'and

that his employer is Sterling Drug International, Inc., 90 Park

Avenue, New York City, New York. In a statement accompanying

the application, applicant states that for the past twenty years he•

has been employed. by Sterling Winthrop, a United .States Corporation, engaged in the development of commerce for the United

States in Africa; that he has a sister resident in New York State

and a citizen of this country; that his two sons also reside in

Albany; that one of these sons is serving with the United. States

Navy and has applied for citizenship; that the other son will become•

a citizen nn reaching the age of eighteen years; kid that applicant

is anxious.' to retain his 'status as a resident of United States and

hopes to live immanently in. the United States as soon as it can

be arranged. The officer in charge of. this Service at Albany has

referred the application to the Regional Commissioner,. through

official channels, with the comment that he does not believe applicant

is a permanent resident of ,United States and that applicant has

been employed continuously by the Sterling Drug International in

different sections of Africa from 1945 to the present time.

The statute provides taht the Attorney General may issue a reentry

permit if he finds that the '.applicant has been, lawfully -admitted to

-

.the. United States for permanent• insidenee; that the application is,

262

.

Interim Decision #1491

made in good faith; and that the alien's proposed departure would

not be contrary to the interests of the United States. It has been

held that an unexpired reentry permit is the equivalent of a nonquota immigrant visa (Matter of 8—, 5 L & N. Dec. 185), and that

upbn return to the United States of an alien with a reentry permit

which has not been procured by fraud or misrepresentation, such

reentry permit must be accepted as establishing that the alien to

whom it was issued is returning from a temporary visit abroad.

The visa in the file shows lawful admission, for permanent residence.

Since entry, applicant has been absent' from the United States in

the employ of a United States firm. Applicant was accompanied

to United States by his family. His family has resided in United

States since his' entry with them. One child is now petitioning for

citizenshiP• and the other plans to. The record shows that applicant has returned to the United. States to be with his family from

time to time. He 'states that when it is possible he hopes to remain

here and acquire citizenship in the United States. - Applicant is a

native of Ireland, ha's no quota problem, and, since his admissibility

to United States has never been ,questioned, could undoubtedly

obtain an immigrant visa should this application be denied. The

record shows that on three occasions his reentry permits have been

'revalidated by United States consuls* abroad, who had opportunity

to be entirely' familiar with the circumstances of his entry to 'United

States and the reasons for his absences from this country.

Interim Decision No. 1376 (Matter of Sehonfeld,

decided by the Acting Regional Commissioner May 26, 1964) is

distinguished. The circumstances recited in that decision bear small

resemblance to the instant ease. This applicant established his

family in United States following entry, and has maintained his

family here since that time. He has been absent in the employ of

an American firm. He reported to Federal income tax officials prior

to his departures from United States. When the convenience of his

employer permits, he hopes and Plans to remain in United States

without the necessity of proceeding abroad to his employment. It

is not believed that he has abandoned his residence in United States

or obtained his various reentry Permits by, fraud or misrepresentation.

ORDER: It is ordered that the application be granted: .

263