Gooch v. Clark

(dissenting);

The Immigration and Nationality Act requires generally that all immigrants entering the United States possess a valid, unexpired visa. 8 U.S.C. § 1181(a). To this rule only one exception is made. § 1181(b). It allows “returning resident immigrants, defined in section 1101(a) (27) (B)” to be readmitted to the United States without a visa. Within § 1101(a) (27) (B) fall immigrants “lawfully admitted for permanent residence who [are] returning from a temporary visit abroad.”

These provisions, as the Service concedes, were designed primarily to assist aliens actually resident in the…