Rose-Marie Ofelina Del Rosario Pizarro v. District Director of the United States Immigration and Naturalization Service

Appellant, considering herself aggrieved by an administrative decision of the appellee, obtained, in the district court, a judicial review of that decision. Jurisdiction was laid below under the Declaratory Judgment Act ( 28 U.S.C. § 2201 ) and Chapter 7 of the Administrative Procedure Act ( 5 U.S.C. § 701 et seq.)

Miss Pizarro, an alien, being a native and citizen of the Philippines, lawfully entered the United States as a non-immigrant visitor in October, 1965. She received an extension of stay in that category until April 23, 1967.

On April 11, 1967, appellant filed a petition for a preference status under Section 203(a) (3) of the Immigration and Naturalization Act, as amended (8 U.S. C. § 1153(a) (3)) (hereinafter referred to as the “Act”), as a professional trained in psychology. The referenced statute provides in applicable part as follows:

The Act defines the term “profession” to “include, but not be limited to architects, engineers, lawyers, physicians, surgeons and teachers in elementary or secondary schools, colleges, or academies, or seminaries.” 8 U.S.C. § 1101 (a) (32).

From the record before us, it appears that the appellant holds a Bachelor of Science Degree…