Ying Suet Chow, AKA Monica Chow v. Immigration and Naturalization Service

Chow petitions for review of a decision of the Board of Immigration Appeals finding her to be deportable as a non-preference immigrant who failed to obtain a labor certification from the Secretary of Labor, as required by § 212(a)(14) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (a)(14). We remand for further findings.

Chow, a native and citizen of Hong Kong, entered the United States in 1975 on the basis of her representation that she was married to Tony Ying, a lawful permanent resident alien. The spouse of a permanent resident alien is entitled to a second preference visa classification under § 203(a)(2) of the Act, 8 U.S.C. § 1153 (a)(2). As Chow later conceded and does not dispute here, her marriage to Ying was a sham entered into for the sole purpose of gaining admission to the United States. She subsequently divorced Ying and married her present husband, Samson Chow, also a native of Hong Kong and present in the United States on a student visa. She apparently came to this country with the intent of marrying Samson Chow, or at least to join him.

The U. S. Immigration and Naturalization Service (“the Service”) issued an Order to Show Cause on March 3, 1978,…