BATERINA

Interim Decision #2562 MATTER OP BATERINA In Deportation Proceedings A-19863283 Decided by Board March S, 1977 (1) The immigration judge has the authority to make an independent determination as to whether an alien is subject to the foreign residence requirement of section 212(e) of the Immigration and Nationality Act. (2) Even though the regulations governing the applicability of the Skills List (22 C.F.R. 41.65(b)) provide that aliens granted exchange-visitor visas after its effective date (April 25, 1972) shall not be subject to it, and alien reinstated in exchange-visitor status after…