Dong Yup Lee v. United States Immigration and Naturalization Service

This is an appeal from a decision of the Board of Immigration Appeals which affirmed the order of a special inquiry officer, denying petitioner’s application for adjustment of status under 8 U.S.C. § 1255 and finding petitioner subject to deportation on the charge of remaining in this country beyond the period permitted by his visa, under 8 U.S. C. § 1251(a) (2). We have jurisdiction of the appeal pursuant to 8 U.S.C. § 1105a. Hitai v. Immigration & Nat. Serv., 343 F.2d 466 (2d Cir.1965).

The prior history of this case is as follows. In 1964, petitioner was issued a nonimmigrant visa under the provisions of 8 U.S.C. § 1101 (a) (15) (H) (i), since he qualified as “an alien having a residence in a foreign country which he has no intention of abandoning (i) who is of distinguished merit and ability and who is coming temporarily to the United States to perform temporary services of an exceptional nature requiring such merit and ability.” Thereafter, he entered and toured the United States with the Arirang Dance Company of Korea, as one of the musicians for the group. On May 26, 1966, petitioner filed a visa petition with the Immigration and Naturalization Service in Los Angeles,…