Cheng San Chen v. Toia

Simons and Callahan, JJ.

(dissenting). Petitioners are present in the United States pursuant to temporary student visas. They testified at the fair hearing that they intend to stay here after petitioner husbands complete their schooling but they had not applied for immigrant visas at the time. Each couple has a child born in the United States, who is therefore a citizen of this country, and each couple was expecting a second child at the time of the hearing. The medical benefits sought were for treatment during these pregnancies. Petitioners had been receiving medical benefits which were…