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One reason that we give little weight to the fact that
petitioner had a green card in 1965 is that petitioner, in his
dealing with U.S. immigration matters, frequently acted as if he
were not a U.S. resident. First, the record does not indicate
that petitioner ever used the green card after his short visit
here in July 1965.
Second, petitioner used a student visa issued by the United
States to enter the United States in 1969 to attend college.
Whatever intent to reside in the United States that petitioner
may have had when he obtained a green card in 1965 is clouded by
his obtaining a student visa, which authorizes an alien to remain
in the United States only as long as necessary to complete a
course of study plus 60 days. Sec. 101(a)(15)(F) of the
Immigration and Nationality Act,12 66 Stat. 168, 8 U.S.C. sec.
1101(a)(15)(F)(I); see 8 C.F.R. sec. 214.2(f)(5)(iv) (1981).
Petitioner testified that he obtained and used a student
visa in 1969 to facilitate leaving Iran to attend college in the
United States and to facilitate travel to and from Iran when he
12 Immigration and Nationality Act (1952), ch. 477, sec.
101(a)(15)(F), 66 Stat. 168; 8 U.S.C. sec. 1101(a)(15)(F)(i)
(1970), describes persons qualified for a student visa as:
an alien having a residence in a foreign country which
he has no intention of abandoning, who is a bona fide
student qualified to pursue a full course of study and
who seeks to enter the United States temporarily and
solely for the purpose of pursuing such a course of
study consistent with * * * [requirements set forth
elsewhere in the Code]. [Emphasis added.]
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