VP 13-6218Board of Immigration Appeals Executive Office for Immigration Review U.S. Department of Justice
Decided by the Central Office March 5, 1954
Minister of a religious denomination — Nonquota status under section 101 (a) (27) (F) (i) of the Immigration and Nationality Act — Eligibility where having pursued course of study during 2-year period immediately preceding the filing of petition.
(1) The Salesian Society of the Catholic Church is a religious denomination within the contemplation of section 101 (a) (27) (F) (i) of the Immigration and Nationality Act.
(2) When a priest has been ordained as such in the Catholic Church, he is a minister of a religious denomination as contemplated by section 101 (a) (27) (F) (i) of the Immigration and Nationality Act. The fact that he engaged in a course of study in furtherance of his vocation does not support a conclusion that he has abandoned his calling as a minister.
(3) A Catholic priest whose duties in the United States will include teaching in seminaries for the training of priests and brothers and teaching in a boarding school where he is required to teach some academic subjects besides teaching religion and doing religious work is regarded as seeking to enter the United States solely to carry on his vocation as a minister of a religious denomination.
PETITION:
Proceedings under section 101 (a) (27) (F) (i) of the Immigration and Nationality Act.
BEFORE THE CENTRAL OFFICE
BEFORE THE CENTRAL OFFICE
Discussion: Applicant appealed from order denying petition for classification of L—- C—- as a nonquota immigrant under the provisions of section 101 (a) (27) (F) (i) of the Immigration and Nationality Act.
The petition of G—- J—- Z—-, secretary-treasurer of the Salesian Society, San Francisco, Calif., for the classification of L—- C—- as an immigrant under the provisions of section 101 (a) (27) (F) (i) of the Immigration and Nationality Act was denied by the district director of this Service at San Francisco on the ground that it has not been established that the prospective immigrant has been continuously for 2 years immediately preceding the time of his application for admission into the United States solely carrying on the vocation of a minister of a religious denomination or that the prospective immigrant is seeking to enter the United States solely for the purpose of carrying on the vocation of a minister of a religious denomination,
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as provided by section 101 (a) (27) (F) (i) of the Immigration and Nationality Act.
The petition is now before this office on appeal from that decision.
With respect to the wording of the grounds for denial, it is noted that the district director has used the wording “It has not been established that the prospective immigrant has been continuously for at least 2 years immediately preceding the time of application for admission into the United States solely
carrying on the vocation of minister of a religious denomination, * * *.” Section 101 (a) (27) (F) (i) of the Immigration and Nationality Act reads:
An immigrant who continuously for at least 2 years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of a religious denomination, and whose services are needed by such religious denomination having a bona fide organization in the United States; and (ii) the spouse or the child of any such immigrant, if accompanying or following to join him;
The word “solely” is used only once in the act and appears to relate to those who seek to enter the United States for the purpose of carrying on the vocation of minister of a religious denomination, and that it can not be construed to relate to the first part of the sentence “an immigrant who continuously for at least 2 years immediately preceding the time of his application for admission to the United States has been * * * carrying on the vocation of a minister of a religious denomination.”
The record establishes that the beneficiary was ordained a Catholic priest on July 3, 1949 at Bollengo (Torino) Italy, and that he has been a member of the Salesian Order for the past 10 years; that he was admitted as a nonquota immigrant under section 4 (e) of the Immigration Act of 1924 at New York, N.Y., via SS Conte Biancamanae on the 23d day of June 1951, for a temporary period of 1 year, to pursue regular theological courses in the Salesian College, Aptos, Calif.; that he was granted appropriate extensions of stay until July 8, 1953, when he departed from the United States at New York, N.Y., on the SS. Constitution.
The questions at issue are: (1) that it has not been established that he has been carrying on his vocation as a minister of a religious denomination during the past 2 years and (2) that he is seeking to enter the United States solely for the purpose of carrying on his vocation of minister of a religious denomination. While there is no comment by the district director as to how he arrived at his conclusion, it must be assumed that his action in denying the petition was taken because the beneficiary alien was carrying on a regular course of study at Salesian Seminary during the past 2 years and that the certificate requesting his services executed by Very Rev. A—- C—- SDB, Salesian Provincial, San Francisco, Calif., dated July 15, 1953, states
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“It is now our wish to have Father C—- return to the United States since his services are needed for religious work in our parishes and schools.”
At the request of the district director, there was presented a notarized statement as to just what the beneficiary alien’s duties will be, particularly, as they pertain to schools, as follows:
“The Salesian Society in California has charge of six parishes, two seminaries for the training of priests or brothers, and two boarding schools for boys of high school age. There is no question, I suppose, about the religious nature of the work done by a priest in a parish or in preparing young men for the priesthood and brotherhood. In the case of boarding schools a priest who is given an assignment may be required to teach some academic subjects besides teaching religion and doing religious work. Nevertheless his teaching must not be considered separately from religious work because the object of the schools is to impart a Christian (religious) education. A priest teaching in a boarding school also says daily mass, hears confessions, does youth guidance work, and on Sundays helps with the religious services in neighboring parishes.
“I believe that the Rev. L—- C—- will fulfill all the requirements of the immigration law if he is assigned to any of the three positions I have mentioned, namely, parish work-work in a seminary-work in a Catholic boarding school. Nevertheless, since we wish to avoid all unnecessary delay in obtaining the visa, we wish to state that we shall abide by any limitation the law may require and assign the Rev. L—- C—- to religious work strictly within the letter and spirit of the law, according to your suggestions.”
In regard to the first question at issue, the representative sets forth in his brief:
“With respect to the grounds given for denial, we wish to point out that both the central office of the Immigration and Naturalization Service and the visa division of the Department of State have, since 1924, conceded that a priest of the Catholic Church, by virtue of his high calling to administer to the faithful and the requirement under canon law that he celebrate holy mass daily, dispense the sacraments and guide the spiritual lives of those whom he so serves, is entitled to the nonquota status after practicing his vocation for the previous 2 years as a deacon and priest. There has never arisen, previously, the question that he cannot at the same time engage in either study or teaching, in fact, such activities are a requisite of his priestly capacity and, in fact, that of any minister of religion fulfilling the high purpose of his earlier studies and training and ultimate ordination.
“Thus, we contend that Father C—- did follow his priestly vocation in celebrating mass daily, administering the sacraments and giving religious instructions at either the Salesian College, the neighboring
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parish churches or the two Salesian boarding schools for boys; that thus he is entitled to the nonquota status for return here from Italy to continue the practice of his vocation. It should be noted that all religious denominations lay great stress on the preaching of sermons by the respective ministers; this can hardly be considered less than teaching religion to their congregations and no one would deem such preaching as outside the sphere of the duties of a minister of religion.
“Upon returning to the United States we are assured that Father C—- will devote his attention to the practice of his vocation as a Catholic priest in the manner in which he, as a minister of religion, is required to function.”
Without attempting to cover what has been conceded by Government officials in the past, it appears that the argument presented has merit. It is conceded that when a priest has been ordained as such in the Catholic Church, he is required under canon law to celebrate holy mass daily, dispense the sacraments and guide the spiritual lives of those whom he so serves and that he is a minister of a religious denomination as contemplated by section 101 (a) (27) (F) (i). The fact that a priest engages in a course of study in the furtherance of his vocation does not support a conclusion that he has abandoned his calling as a minister or that he has taken any action other than that required of him as a minister or that he has engaged in an activity inconsistent with the vocation of a minister. On the second question that the beneficiary alien seeks to enter the United States solely to carry on his vocation of minister of a religious denomination, by the same reasoning, he would not be precluded from carrying on other activites such as teaching in Seminaries for the training of priests or brothers or the teaching in a boarding school where he is required to teach some academic subjects besides teaching religion and doing religious work. It is represented that a priest teaching in a boarding school also says daily mass, hears confessions, does youth guidance work, and on Sundays helps with religious services in neighboring parishes. The record shows a reasonable need of the beneficiary’s services by a recognized religious denomination.
Upon consideration of the foregoing, it is concluded that:
(1) The Salesian Society of the Catholic Church is a religious denomination within the contemplation of section 101 (a) (27) (F) (i) of the Immigration and Nationality Act.
(2) That the beneficiary alien, L—- C—-, is a minister of a religious denomination within the purview of the said statute who continuously for at least two years last past has been and who seeks to enter the United States solely for the purpose of carrying on his vocation of minister of a religious denomination; and
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(3) The services of the said beneficiary are needed by the petitioner.
For the reasons stated, the appeal in this case will be sustained.
Order: It is ordered that the appeal of Rev. G—- J—- Z—-, secretary-treasurer of the Salesian Society, from the indicated order of the district director of this Service at San Francisco denying the petition for classification of L—- C—- as an immigrant under the provisions of section 101 (a) (27) (F) (i) of the Immigration and Nationality Act be sustained.
It is further ordered that the petition and relating file in this case be returned to the district director of this Service at San Francisco for appropriate action in accordance with the foregoing.
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