Categories: U.S. Board of Immigration Appeals Opinions

IN THE MATTER OF G—-, 5 IN Dec. 721 (BIA 1954)

IN THE MATTER OF G—-. In VISA PETITION Proceedings.

VP 3-45661Board of Immigration Appeals Executive Office for Immigration Review U.S. Department of Justice
Decided by the Board March 23, 1954

Visa petition — Guardian of mentally incompetent citizen not eligible to file.

There is no provision in section 205 of the Immigration and Nationality Act providing for the execution of a visa petition by a guardian and no provision has been made in the pertinent regulations, 8 C.F.R. 205, providing for such petition in a case where the petitioner is mentally incompetent.

BEFORE THE BOARD

Discussion: The matter comes forward on appeal from the order dated January 26, 1954, of the district director, New York, denying the visa petition on the ground that a petition by a guardian on behalf of a mentally incompetent United States citizen is not regarded as a properly executed visa petition.

The visa petition has been submitted by the guardian of C—- G—- G—-, a naturalized citizen of the United States, who is stated to be mentally incompetent. The visa petition seeks nonquota status on behalf of the children of C—- G—- G—-, born in Italy on October 21, 1934, and December 15, 1935, respectively. There is no provision in section 205 of the Immigration and Nationality Act providing for the execution of a visa petition by a guardian and no provision has been made in the pertinent regulations, 8 C.F.R. 205 providing for such a petition in cases where the petitioner is mentally incompetent. By way of contrast, provision is made in the regulations 8 C.F.R. 10.1 (d) enabling the guardian to file an application for a petition on behalf of a son, daughter, or ward under 14 years of age. The absence of a similar provision in the regulations as to the guardian of a mentally incompetent leads to the conclusion that such a guardian is not eligible to file a visa petition. Accordingly, the appeal will be dismissed.

Order: It is ordered that the appeal be and the same is hereby dismissed.

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