Benvenuto

Petitioner, an Italian national admitted to the United States for permanent residence on March 29, 1948, seeks review of an order of the Immigration and Naturalization Service declaring him deportable and granting him the privilege of voluntary departure. An adequate statement of the factual background of this cause is essential to consideration of the issue tendered by the petition for review.

Petitioner was born January 7,1914 in the town of Pietrasanta, Italy, where his father was a sculptor and artist. After completing his elementary education, petitioner studied art in Genoa. In 1935-36 he served for a period of eight months in the Italian Army. Except for this period of military service and the years he was away at art school, he resided continually in Pietrasanta and worked as a sculptor with his father. In June 1940 he married an American citizen of Italian descent who was then living in Italy. That same month he was recalled to duty in the Italian Army and served during World War II until the collapse of the Italian Forces in September, 1943. He then returned to Pietrasanta and went with his family to'' live in a nearby village in the mountains until the area was freed…