Susan M. Faustino, an Infant Under the Age of 14 Years, by Her Guardian Ad Litem, Albano Vieira v. Immigration and Naturalization Service

This action was brought in the District Court for the Southern District of New York on behalf on Susan Faustino, a child now eight years of age. She was born in the United States while her parents, Portuguese citizens, were here in a non-immigrant status. The INS District Director denied an application by her to classify her father as an immediate relative pursuant to § 201(b) of the Immigration and Nationality Act of 1952, 66 Stat. 163, as amended by the Act of October 3, 1965, 79 Stat. 911, 8 U.S.C. § 1151(b), and thereby relieve him of the numerical limitations imposed on immigrants other…