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Sheku-Kamara v. Karn

United States District Court for the Eastern District of Pennsylvania
581 F. Supp. 582 (1984)


Facts

Benedict Sheku-Kamara, a citizen of Sierra Leone, entered the United States in 1978 as an exchange visitor pursuant to § 101(a)(15)(J) of the Immigration and Nationality Act (the Act) to pursue graduate studies at the University of Pennsylvania. Exchange visitors who are admitted under Section 101(a)(15)(J), also known as J-1 status, are subject to a two-year foreign residence requirement mandated by Section 212(e) of the Act before they can apply for permanent residence. In 1979, Mr. Sheku-Kamara married Mrs. Sheku-Kamara (plaintiff), who gave birth to their son in 1980. Shortly thereafter, Mrs. Sheku-Kamara and the son were granted entry into the United States with J-2 status, as dependents of a foreign exchange student. In 1981, Mr. Sheku-Kamara transferred from a government-funded program to a privately funded program, which transfer was made retroactive to 1979. While living in the United States, Mrs. Sheku-Kamara applied to transfer her status from non-immigrant to immigrant. Her application was denied because she had not met the two-year foreign residence requirement. Mrs. Sheku-Kamara sought a declaratory judgment that she and her child were not subject to the two-year foreign residence requirement, because they had entered the country after Mr. Sheku-Kamara had stopped participating in the government funded exchange program.

Rule of Law

Issue

Holding and Reasoning (Bechtle, J.)

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