CHIN

11 I. & N. Dec. 131

• Court: Board of Immigration Appeals
• Decided: July 1, 1964
• Docket: 1452
• Status: Published

Opinion

Interim Decision #1452

• Marna or Ciux In Section 206 Proceedings A-13744336 Decided by District' Director August 81, 1964 It having been established petitioner is not a United States citizen, approval of the visa petition to 'accord his wife nonguota status is revoked since petitioner, following notification by the Service of intent to revoke the approval, pursuant to 8 CPR 206.3, failed to avail himself of the oppor; tunity Milled 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 peti- tion. was approved by the District Director • of Immigration and Naturalization, Boston, Maisachusetts on December 18, 1963 and for- warded to the Secretary of State for transmittal to tife American Consul in Hong Kong. • On july 1, 1961 the petitioner appeared before an officer of this Service at Boston, Massachusetts and I draitted that.his true name was Chin Bak goon 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 Unittd 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 accordatice with the provisions of 8 CFR 2064 a notice of intent to revoke 'the approval of this visa phtition was forwarded to the petitioner ''on July 29, 1961 and the was permitted fifteen den from the date of -mailing within which to submit written objection 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. 131