In re Perdiak

The issue to be determined upon this Petition is whether the Petitioner is a person of good moral character. It appears to be the understanding of the Immigration and Naturalization Service that acts committed prior to five years immediately before the filing of the Petition may not be considered. The matters within the past five years which the Service has questioned must be resolved in favor of the Petitioner.

The Findings of Fact, Conclusions of Law and recommendation of the designated Naturalization Examiner relate that Petitioner was admitted for permanent residence on November 3, 1951; that in connection with her application for a visa, she falsely stated that she had no children, well knowing that she would be denied a visa if it were known that she was leaving her children behind. It appears inferentially from the Findings that the history of Petitioner’s discharge of her maternal relationship to her children was considered by the Service to be outside the relevant area of consideration because the denial that she had children occurred more than five years prior to the filing of the Petition. It evidently did not occur to the designated Naturalization Examiner that the…