MEMORANDUM AND ORDER
Richard P. Conaboy, U.S. District Judge
The Defendants herein appeared before this Court on February 5, 1988 and enters pleas of guilty to Count I of an Information which charged them with violation of 18 U.S.C. § 1543, Forgery or False Use of Passport.
On March 4, 1988, this Court sentenced Lyudmila Strelchuk to two years of probation, a fine of $ 500.00 and an assessment of $ 50.00. On the same date, the Court sentenced Valery Strelchuk to a term of imprisonment of two years, with all but 2 months of that prison term suspended, two years of probation, restitution of $ 375.00, and an assessment of $ 50.00.
Thereafter, the Defendants filed motions with this Court, noting that the Defendants are "resident aliens" and subject to deportation when convicted of a crime of moral turpitude, and asking the Court to amend their sentences by adding a recommendation that the Defendants not be deported on the basis of the convictions in this Court.
Notice of the motion originally filed by Valery Strelchuk was given to the Government. On March 21, 1988, the Government filed its opposition and a hearing was held on March 23, 1988. The Defendant, Lyudmila Strelchuk, represented by counsel, has requested that her motion be considered on the identical record.
The Defendants were "paroled" into the United States under 8 U.S.C.A. 1182(b)(5) on November 8, 1979 at New York City. They had applied for classification as Conditional Entrants under 8 U.S.C. § 1153(a)(7) to the United States Immigration Office in Rome, Italy. That Section provided that conditional entries would be made available by the Attorney General as follows:
"To aliens who satisfy an Immigration and Naturalization Service Officer at an examination in any Communist or non-Communist dominated country (A) that (i) because of persecution or fear of persecution on account of race, religion, or political opinion they have fled (I) from any Communist or Communist dominated country or area . . . and (ii) are unable or unwilling to return to such country or area on account of race, religion or political opinion, and (iii) are not nationals of the countries or areas in which their application for conditional entry is made;"
That same Section provided that such a conditional immigrant could apply, after entry, to change his status to a permanent residence (i.e. immigrant) if he had been continuously, physically present in the United States for two years following his arrival. Neither Defendant has ever applied for such change, in spite of their presence in this country since 1979.
Because of their convictions, the Defendants, as parolees, are subject to exclusion from the United States under Sections 235(b) and 236 of the Immigration and Naturalization Act, 8 U.S.C. 1225(b) and 1226. At the same time, they are entitled to seek the benefit of a favorable court ruling under Section 241(b) of the Immigration and Naturalization Act, 8 U.S.C.A. § 1251(b) which provides in pertinent part as follows:
"The provisions of subsection (a)(4) of this section respecting the deportation of an alien convicted of a crime or crimes shall not apply . . . (2) if the court sentencing such alien for such crime shall make, at the time of first imposing judgment or passing sentence, or within thirty days thereafter, a recommendation to the Attorney General that such alien not be deported, due notice having been given prior to making such recommendation to representatives of the interested State, the Service, and prosecution authorities, who shall be granted an opportunity to make representations in the matter. The provisions of this subsection shall not apply in the case of any alien who is charged with being deportable from the United States under subsection (a) (11) of this section."