Jovencia Arce Vitales v. Immigration and Naturalization Service

Vitales was admitted to this country from the Philippines on July 21, 1968 under a non-immigrant visitors’ visa. On May 18, 1969, she gave birth to a child in the United States. She overstayed the permitted time and was charged with being deportable under § 241(a) (2) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a) (2). At a hearing before a Special Inquiry Officer she admitted the charge but sought to show that, under § 241(f) of the Act, 8 U.S.C. § 1251(f), she was not deportable because she had procured her non-immigrant visa by fraud and was otherwise admissible to this…