Wing Wa Lee v. Immigration and Naturalization Service

Petitioner Wing Wa Lee is a native and citizen of China, born in Shanghai. Apparently having fled from the Communist conquest of mainland China, he lived in Hong Kong from 1948 to 1953 when he was deported to Macao by British authorities. In 1954 he returned to Hong Kong. In 1958 he went to sea under seaman’s papers issued by Hong Kong authorities. His wife and four children live in Macao.

On or about September 30, 1962 Wing Wa Lee entered the United States as a crewman, being authorized to stay so long as his vessel remained in port, but in no event more than 29 days. He did not depart with his ship but remained in this country. Deportation proceedings were begun against him on April 5, 1963, and he was ordered deported to the Republic of China (Formosa) or Macao. Neither government was willing to accept him, so on May 19, 1965 he was ordered deported to Hong Kong.

On October 3, 1965 the Immigration and Nationality Act was amended by Pub.L. 89-236, 79 Stat. 911 (1965). Of particular interest is the new section 203(a) (7) ( 8 U.S.C. § 1153 (a) (7)) which provides, inter alia, that refugees from Communism shall have a preference in the form of conditional entries into the United…