Matter of P-F-

Cite as 6 I&N Dec. 164

IN THE MATTER OF PF

In EXCLUSION Proceedings

T-2709612

Decided by Board May 28, 1954 Misrepresentation -Inadmissibility under section 212 (a) ( 19 ) of Immigration and Nationality Act. An alien who entered the United States in 1952 as an agricultural worker by presenting an alien laborer's permit which he had willfully obtained in another person's name has procured a document by willful misrepresentation of a material fact and is inadmissible to the United States under section 212 ( a) (19 ) of the Immigration and Nationality Act. EXCLUDABLE : Section 212 ( a) ( 19) , I. & N. Act-Procured a visa or other documentation by fraud. Section 212 (a) ( 20 ) , I. & N. Act-No passport and no immigrant visa.

BEFORE THE BOARD

Discussion : This is an appeal from the order of the special inquiry officer excluding appellant on the grounds stated above. The applicant, a 31-year-old married male, is a native and citizen of Mexico. He is applying for admission to work as an agricultural laborer and there is no indication in the record that he is not in possession of documents entitling him to enter in such a capacity. Inadmissibility is based upon the fact that in 1952 he had entered the United States as an agricultural worker by presenting an alien laborer's permit which he had obtained in another person's name. This was willfully done because that other person had been given a contract number and had been reached for the issuance of an agricultural laborer's permit whereas the respondent had not yet been granted a number, and it appeared to him that the assignment of contracts would be completed before he would be reached. There is no other derogatory information concerning him. We believe the appellant is inadmissible to the United States. An alien who has procured a document by fraud or willful misrepresentation of a material fact is inadmissible to the United States ( section 212 (a) ( 19 ) , Immigration and Nationality Act; Matter of R , A-4591363, 5, I. & N. Dec. 494) . The appellant's

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Cite as 6 I&N Dec. 164

willful misrepresentation of his identity concerned a material issue ( Matter of B and P , 56152/825 and 56154/758, 2, I. & N. Dec. 638) . He, therefore, falls within the category set forth in section 212 (a) ( 19) and is inadmissible. Since his inadmissibility is so established, we will not discuss or sustain inadmissibility on the ground that he was without passport and visa. Order: It is ordered that the appeal be and the same is hereby dismissed insofar as it relates to the appellant's exclusion under section 212 ( a) ( 19) of the Immigration and Nationality Act.

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