In re Naturalization of Tchakalian

Petitioner, who served for two years in the Armed Forces of the United States and received an honorable discharge, seeks citizenship status. He has filed his petition under the Act of June 30, 1953, 8 U.S.C.A. § 1440a, which provides for naturalization of aliens who have served actively in the Armed Forces of the United States between June 24, 1950, and July 1, 1955, and who (1) have been lawfully admitted to the United States for permanent residence, or (2) have been lawfully admitted to the United States.

Petitioner, when sixteen years of age, was admitted to the United States with his mother’ and brothers for transit purposes. The family was purportedly en route to Chile. Actually, they remained here. This was the apparent intention of petitioner’s mother at the time of her arrival. The Immigration Service takes the position that petitioner himself intended to remain permanently and hence was not lawfully admitted to the United States.

Petitioner’s counsel states that “any desire or intention which she (petitioner’s mother) may have had certainly cannot sustain a fraudulent or wilful misrepresentation on the part of the then minor child. This boy, like his brothers, was'…