OUM

 Interim Decision #2197




                             MATTER OF OUM

                       In Deportation Proceedings
                                  A-12297563
                                  A-13814164

                    Decided by Board April 19, 1973
An alien recipient of a Fulbright Travel Grant who entered the United States in
 1961 as a nonimmigrant student under section 101(a)(15)(F)(i) of the Immigration and Nationality Act, as amended; whose status was changed in 1962 to
 that of an exchange visitor under section 101(a)(15XJ) of the Act; and who has
 received no Government financing since his arrival in this country, has not
 participated in an exchange program "financed in whole or in part, directly or
 indirectly, by en agency of the Government of the United States" within the
 contemplation of section 212(e) of the Act, as amended. Hence, such alien is
 not subject to the two-year foreign residence requirement applicable to
 exchange visitors.
CHARGE:
  Order: Act of 1952—Section 241(a)(2) [8 U.S.C. 1251(a)(2)]—After admission as
                        nonimmigrants under section 101(a)(15), remained
                        longer than permitted.
ON BEHALF OF RESPONDENTS:                      ON BEHALF OF SERVICE:
  Howard L. Kushner, Esquire                     David L. Milhollan
  730 Main Street                                Appellate Trial Attorney
  Niagara Falls, New York 14301                  Gordon W. Sacks
                                                 Trial Attorney


   This is an appeal from an order of a special inquiry officer
finding the respondents deportable, denying their requests for
adjustment of status, and granting them the privilege of voluntary departure. The matter will be remanded to the special inquiry
officer for a new determination regarding the respondents' applications for adjustment of status under section 245 of the Immigration and Nationality Act.
   The respondents are husband and wife, both natives and citizens of Korea. The male respondent entered the United States in
September 1961 as a student under section 101(aX15XFXi) of the
Immigration and Nationality Act. He was the recipient of a
Fulbright Travel Grant. In 1962 he changed his status to that of
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                                                    Interim Decision #2197
an exchange visitor under section 101(a)(15XJ) of the Act, and in
Apri11964 the female respondent entered the United States as the
spouse of an exchange visitor pursuant to section 101(aX15XJ).
   In August 1969 deportation proceedings were instituted against
both respondents, charging that after their admission as nonimmigrants they had remained beyond September 30, 1968 without
permission or authority. The proceedings were reopened in 1970 to
determine the effect on respondents of an amendment to section
212(e) of the Act which pertains to the availability of section 245
relief to certain exchange visitors.
  As amended by 

(e) provides in
pertinent part:
     No person admitted under section 101 (a)(15)(J) or acquiring such status after
  admission whose (i) participation in the program for which he came to the
  United States was financed in whole or in part, directly or indirectly, by an
  agency of the Government of the United States or by the government of the
  country of his nationality or his last residence ... shall be eligible to apply for
  ... permanent residence ... until ... such person has resided and been
  physically present in the country of his nationality or his last residence for an
  aggregate of at least two years following departure from the United States.
  •••
   The special inquiry officer determined that the male respondent's receipt of a Fulbright Travel Grant constituted financing by
the government of the United States within the scope of amended
section 212(e), and thus subjected the respondents to the two -year
foreign residence requirement of that section.
   We disagree. The male respondent received the grant prior to
his entry as a student under section 101(aX15)(FXD of the Immigration and Nationality Act. There is no evidence that he was
participating in an exchange visitor program at that time. A year
after his arrival in the United States he complied with a suggestion that he take steps to have his status changed to that of an
exchange visitor under section 101(a)(15)(J) of the Immigration and
Nationality Act. He has received no government financing since
his arrival in the United States. On the facts of this record cv'e
cannot find that his participation in an exchange program was
financed in whole or in part, directly or indirectly, by an agency of
the United States Government, within the contemplation of
amended section 212(e). We conclude that the respondents are
statutorily eligible for section 245 relief. We shall, therefore,
remand this matter to the special inquiry officer for his determination regarding the respondents' applications for adjustment of
status.
  ORDER: It is ordered that this matter be remanded to the
special inquiry officer for further proceedings consistent with the
foregoing opinion.
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