Leona Winifred Gregor v. Immigration and Naturalization Service

Petitioner, under Title 8 U.S.C. § 1254 , seeks suspension of deportation and adjustment of status to that of an alien lawfully admitted for permanent residence. The Board of Immigration Appeals denied ber this relief upon the ground that she had not been physically present in the United States for a continuous period of seven years, as required by section 1254(a) (1). Upon this petition for review petitioner concedes that her presence in this country dates from June 15, 1963, substantially less than the seven-year period specified. She contends, however, that she qualifies for the relief sought under the proviso of subsection (f). The sole question here presented is whether that proviso is subject to the requirement of physical presence set forth in subsection (a) (1). We agree with the Board that it is.

It is (a) which defines the subject matter of the section: the relief which the section provides and the persons to whom it is available. Subsection (f) takes away a bit of what (a) has granted. It bars the relief of (a) in certain cases. The proviso of (f) does no more than restore a bit of what (f) had taken away. It lifts the bar in certain cases.

The result is that those…